CrPC Section 313: Power to Examine Accused in India

1. State the Code

Section 313 of the Code of Criminal Procedure (CrPC) deals with the power of the court to examine the accused in a criminal trial.

2. Explain it

This section empowers the court to ask the accused questions related to the evidence presented against them during the trial. This right is crucial for the accused to respond to the charges against them and provide their version of the events.

The purpose of Section 313 is to ensure fairness and due process.

• It allows the accused to explain any incriminating evidence and to offer their side of the story.
• It helps the court in understanding the accused’s perspective and determining their guilt or innocence.

3. Illustrate it

Imagine a case where the accused is charged with theft. The prosecution presents evidence, such as witness testimonies, CCTV footage, and stolen goods. Under Section 313, the court can ask the accused questions like:

• Do you recognize the stolen goods presented in court?
• Were you present at the scene of the crime at the time of the theft?
• Do you have any explanation for your presence at the scene?
• Do you have any witnesses who can support your alibi?

The accused has the right to respond to these questions and offer their explanation.

4. Common Questions and Answers

Here are some common questions and answers regarding Section 313:

Q: When is Section 313 applicable?

A: Section 313 applies after the prosecution has presented its evidence and before the accused begins their defense.

Q: Does the accused have to answer the court’s questions?

A: While the accused is legally obliged to respond to the court’s questions, they have the right to remain silent. However, their silence can be used against them in court.

Q: What happens if the accused denies the charges?

A: If the accused denies the charges, they can present their own evidence and witnesses to support their defense.

Q: Can the accused be cross-examined by the prosecution during the questioning under Section 313?

A: No. This section only allows the court to question the accused. The prosecution cannot cross-examine them during this stage.