Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Power to Take 313 in Absence of Accused - The court can proceed with trial and take into account the sufferings or circumstances of the accused to ensure trial progress, even if the accused is absent, provided the trial can be conducted without their physical presence. Courts may dispense with attendance and later direct personal attendance if necessary ["2023 0 Supreme(P&H) 1189"].
Section 313 CrPC - The primary purpose of Section 313 is to enable the accused to explain incriminating circumstances appearing against him in the evidence. The court must specifically bring relevant evidence to the accused's notice, allowing him to furnish explanations, which are then considered in the trial. The section also facilitates the accused's right to examine defense witnesses and lead evidence, with courts permitted to seek assistance from prosecutors and defense counsel in preparing questions. Recent amendments (from December 2009) explicitly empower courts to share questions with prosecution and defense before interrogation, minimizing errors ["2022 0 Supreme(AP) 1245"], ["2023 4 Supreme 565"], ["2025 5 Supreme 667"].
Procedure and Irregularities - Recording of the accused's statement under Section 313 is a crucial step aimed at establishing a direct dialogue between court and accused. Non-compliance or irregularities, such as not putting incriminating evidence to the accused, can be rectified by remanding the case for a fresh examination of the accused and defense witnesses. Courts may also examine the accused afresh if irregularities are identified, ensuring the accused's right to a fair trial is upheld ["2023 0 Supreme(Ker) 824"], ["2023 0 Supreme(Bom) 772"], ["1985 0 Supreme(Guj) 105"].
Legal Insights - Courts are encouraged to utilize the assistance of prosecutors and defense counsel in preparing questions under Section 313, especially in complex cases involving numerous witnesses. The object of Section 313 is not a mere formality but a vital process to ensure the accused is aware of and can respond to evidence against him. Failure to examine the accused properly can be grounds for remand or retrial to uphold fairness ["2023 0 Supreme(Bom) 772"], ["2025 0 Supreme(SC) 1551"].
Analysis and Conclusion:Courts have the authority to proceed with trials and take 313 statements even in the absence of the accused, considering the circumstances and ensuring trial progress. The recent legal provisions emphasize the importance of a fair and thorough examination of the accused, including the use of assistance from legal counsel and sharing questions beforehand to prevent errors. Irregularities in recording the 313 statement can be remedied by remanding or re-examining the accused, safeguarding their right to a fair trial. Overall, the legal framework supports flexible yet fair procedures for taking 313 in the absence of the accused when justified ["2023 0 Supreme(P&H) 1189"], ["2022 0 Supreme(AP) 1245"], ["2023 4 Supreme 565"], ["2023 0 Supreme(Ker) 824"], ["2023 0 Supreme(Bom) 772"], ["2025 0 Supreme(SC) 1551"].
In criminal trials across India, plays a pivotal role. It mandates the court to question the accused personally about , offering them a chance to explain circumstances against them. But what happens when the accused is absent? Can the judge still proceed to take 313—that is, record the statement under Section 313—in their absence? This question often arises in prolonged trials where accused persons evade court appearances.
This blog post delves into the legal position, drawing from established principles, judicial precedents, and practical considerations. We'll examine when such a step may be permissible, the risks involved, and how courts balance trial efficiency with fairness. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
is a cornerstone of , ensuring the accused's right to be heard. Its primary aim is to enable the accused to explain circumstances appearing in evidence against them, upholding fundamental fairness 2009 4 Supreme 429 2009 4 Supreme 205 2010 7 Supreme 26.
The provision fosters a direct dialogue between the court and the accused, preventing based on unaddressed evidence 2025 Supreme(Online)(J&K) 1376. Failure to properly conduct it can lead to serious procedural lapses, often resulting in being set aside or cases remanded 2024 0 Supreme(Cal) 673.
Generally, no. The court is expected to examine the accused personally, making recording of the in their absence the exception, not the norm. However, courts have discretion to proceed under justified circumstances, provided the accused's right to a isn't prejudiced 2021 4 Supreme 91 2024 5 Supreme 138.
Proceeding without the accused carries risks:- Prejudice to Fairness: Absence without justification may vitiate the trial, impacting credibility 2021 4 Supreme 91 2024 5 Supreme 138.- Not a Substitute: Unchallenged evidence can't be used unless put to the accused under Section 313 2023 0 Supreme(Bom) 2320. In a Section 138 NI Act case, acquittal under was set aside for hasty proceedings without considering complainant efforts.- Improper Questioning: Questions must pinpoint ; lengthy extractions of witness statements fail this test 2020 0 Supreme(Kar) 69.
In R.V. Kulkarni Vs. Dakshina Murthy (Criminal Revision Petition No. 437 of 2010), the noted repeated absences post-remand, yet stressed caution 2025 0 Supreme(Bom) 1.
Courts wield discretion but must prioritize fairness:1. Record Explicit Reasons: Document why presence couldn't be secured.2. Protect Rights: Ensure absence doesn't prejudice the accused.3. Consider Alternatives: Secure presence via counsel or adjourn if feasible.4. Impact Assessment: Weigh if absence affects evidence evaluation.
In serious IPC cases like 498A/302, cognizance without sanction was quashed, underscoring procedural rigor 2004 0 Supreme(Guj) 557. Even here, Section 313's personal nature is implied.
Appellate courts may direct fresh examination from the Section 313 stage if irregularity occurs 2025 Supreme(Online)(J&K) 1376: The appellate court may... direct the trial Judge to examine the accused afresh.
While a judge may take the in the accused's absence under exceptional, justified circumstances—with reasons recorded—it should be rare to uphold 2021 4 Supreme 91 2024 5 Supreme 138. Persistent evasion, as in NI Act trials, allows progression, but general criminal trials demand personal presence for fairness.
Prioritize securing the accused's presence. Improper handling invites appeals, remands, or reversals. This balances speedy justice with rights.
Final Note: Legal outcomes depend on facts. Seek professional advice for tailored guidance.
#Section313CrPC, #FairTrial, #CriminalLaw
If the progress of the trial can be achieved even in the absence of the Accused the court can certainly take into account the magnitude of the sufferings which a particular Accused person may have to bear with in order to make himself present in the court in that particular case.” ... If the progress of the trial can be achieved even in the absence of the accused the Court can certainly ....
After an accused is questioned under Sec. 313 Cr.P.C., he is entitled to take a call on the question of examining defence witnesses and leading other evidence. ... In exercising its powers under Sec. 342, the court must take care to put all relevant circumstances appearing in the evidence to the accused person. ... This means that the accused may be asked to furnish some explanation as r....
Finally, Court may even think fit to take a help of Prosecutor and Defence Counsel for preparing relevant questions which are to be put to the accused. ... made by the learned Judge in the said appeal. ... Under the above facts and circumstances, the learned Judge rightly set aside the order of acquittal and remanded back the case to the learned Trial Court for retrial from the stage of examination of the accused....
Before we part with this judgment, we must take a note of sub-section (5) added to Section 313 of CrPC w.e.f. 31st December 2009. Sub-section (5) reads thus : “313. Power to examine the accused. ... Therefore, when the Trial Judge prepares questions to be put to the accused under Section 313, before putting the questions to the accused, the J....
Section 313 CrPC deals with the power of the court to examine the accused. Section 313 CrPC is as follows: 313. Power to examine the accused. ... This means that the accused may be asked to furnish some explanation as regards the incriminating circumstances associated with him, and the court must take note of such explanation. ... The object of examination of the #HL_ST....
the point where the irregularity occurred, that is, from the stage of questioning the accused under Section 313 CrPC and the trial Judge may be directed to examine the accused afresh and defence witness, if any, and dispose of the matter afresh. ... [(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the C....
After the accused is questioned under Section 313 of the Cr.P.C., he is entitled to take a call, on the question of examining defence witnesses and leading other evidence. ... occurred, that is, from the stage of questioning the accused under Section 313 CrPC and the trial Judge may be directed to examine the accused afresh and defence witness, if any, and dispose of th....
At the same time, it is also true that unchallenged evidence could not have been used by the trial Court unless it was put to the accused under Sec. 313 of the Code of Criminal Procedure. ... The accused was acquitted for the offence punishable under Sec. 138 of the N.I. Act by taking recourse to Sec. 256 of the Code of Criminal Procedure. When this order came to be passed, the matter was fixed for recording statement of the accus....
the point where the irregularity occurred, that is, from the stage of questioning the accused under S.313, CrPC and the trial Judge may be directed to examine the accused afresh and defence witness if any and dispose of the matter afresh; (iv) The appellate court may decline to ... The object of S.313 of the Code is to establish a direct dialogue between the Court and the accused. ... Re....
The object of examination of the accused under Section 313 is to enable the accused to explain any circumstance appearing against him in the evidence. ... Under sub-Section (4) of Section 313 of the CrPC, the answers given by the accused can be taken into consideration in the trial. ... Under Section 313 of the CrPC, it is a duty of the Court to explain to the accused t....
(c) reason why presence could not be secured. (d) whether all modes permissible as per law were exhausted. 46. Whereas in case of R.V. Kulkarni Vs. Dakshina Murthy in Criminal Revision Petition No. 437 of 2010, dated 28.06.2012 the High Court Karnataka deprecated the conduct of the accused in consistently remaining absent in spite of the remand of the matter by the Appellate Court for recording the statement under Section 313 of the Code. After first remand in appeal against conviction, the ....
46. Whereas in case of R.V. Kulkarni Vs. Dakshina Murthy in Criminal Revision Petition No. 437 of 2010, dated 28.06.2012 the High Court Karnataka deprecated the conduct of the accused in consistently remaining absent in spite of the remand of the matter by the Appellate Court for recording the statement under Section 313 of the Code. After first remand in appeal against conviction, the accused remained absent. The judgment was pronounced. It was challenged. The grievance was accepted. Again it....
a) for how many occasions accused has remained absent b) steps taken by the complainant to secure presence of the accused. c) reason why presence could not be secured. d) whether all modes permissible as per law were exhausted. 46. Whereas in case of R.V. Kulkarni Vs. Dakshina Murthy in Criminal Revision Petition No. 437 of 2010 dated 28.06.2012 the High Court Karnataka deprecated the conduct of the accused in consistently remaining absent in spite of the remand of the matter by the Appell....
Many questions put to the accused under Section 313 Cr.P.C. by the Court below do not conform to the requirements of Section 313 Cr.P.C. The learned Sessions Judge has simply extracted the evidence of the prosecution witnesses at length, some of the questions are running into pages, without pointing out exact material against the accused.
Original accused Nos. 1 to 4 are facing charged for the offences punishable under Sec. 498-A, 501, 302 etc. of Indian Penal Code. Of course, the petitioners have been arraigned as accused for all the offences mentioned in the chargesheet by the police, but it is contended that they are innocent and they are unnecessarily dragged into serious criminal case. Judge can not take cognizance in absence of any legal and valid sanction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
