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Can 313 Statement Be Given by the Accused When Exempted and Laid Up?
In criminal trials across India, Section 313 of the Code of Criminal Procedure (CrPC) plays a pivotal role. It mandates courts to question the accused after prosecution evidence, giving them a chance to explain incriminating circumstances. But what happens when the accused is exempted from personal appearance or is laid up (physically unable to attend court)? Can they still provide a 313 statement? This question often arises in cases involving distant accused, health issues, or ongoing exemptions.
This blog post breaks down the legal framework, drawing from Supreme Court precedents and key judgments. We'll explore whether such statements are permissible, under what conditions, and the implications for fair trials. Note: This is general information based on case law and not specific legal advice. Consult a qualified lawyer for your situation.
Understanding Section 313 CrPC: The Basics
Section 313 CrPC ensures the accused's right to a fair hearing. After prosecution witnesses are examined, the court must:
- Question the accused generally on incriminating evidence.
- Allow explanations without oath, as it's not formal evidence.
The provision states: the Court may at any stage... question the accused... and shall, after the examination-in-chief... of all the witnesses... question him generally on the case. Courts emphasize this as a solemn duty to avoid prejudice. Failure can vitiate trials if it causes miscarriage of justice. [
Search Results for "Can 313 Statement Be Given When Accused Exempted?"
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
within a short time of marriage and distance of time is not spread over three or four months, statement would be admissible under ... 313 - Evidence Act - Section 8 and 32 - Offence of Murder - Criminal Conspiracy - Charged - Appellant was not at all interested ... raising some doubt about the guilt of accused as in this case - Appeal allowed. ... The trial Court found all the three accu....
1973 0 Supreme(SC) 163 • India - Supreme Court
S. M. SIKRI, J. M. SHELAT, K. S. HEGDE, A. N. GROVER, A. N. RAY, P. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. KHANNA, K. K. MATHEW, M. H. BEG, S. N. DWIVEDI, A. K. MUKHERJEA, Y. V. CHANDRACHUD
It further provides that no person shall be prosecuted and punished for the same offence more than once, and no person accused of ... Act 1875 which prevented an accused person from appearing before the District Court on the return date of his remand constituted ... Section 1025A provided that an accused might be detained in custody without bail pending an appeal to the Attorney General.
2006 8 Supreme 58 • India - Supreme Court
G.P.MATHUR, R.V.RAVEENDRAN
The appellant in his statement under Section 313 Cr.P.C. ... The deceased was being ill-treated and was occasionally not given food on account of the fact that the demand of money had not been ... ... VI.When PW.1, PW.2, PW.3 and PW.4 reached the house of the accused ... for the cause of her death in his statement under Section 313#H....
2020 5 Supreme 194 • India - Supreme Court
ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN, M.R.SHAH, S.RAVINDRA BHAT
to the previous statement and enlarges the same and extends the meaning of the sentence. ... - Examination of Legislative intent of new Act whether differing from repealed one required - Enquiry as to whether new Act saves ... - Under section 24(1)(b) where award is made, pending proceedings will continue under Act 1894 - However, in case of award passed ... Since the sole question for consideration arising out of the FIR, as laid, is whether the #HL....
1999 5 Supreme 60 • India - Supreme Court
S.S.M.QUADRI, D.P.WADHWA, K.T.THOMAS
Section 212 IPC and A-22 under Section 201 IPC-Each one of four accused A-1 (Nalini) - A-2 (Santhan), A-3 (Mugugan) and A-18 (Ariva ... 30-Confessional statement made by accused after his arrest-If admissible and reliable can be used against ... 3 of the Act attracted only when person accused of offences committed ‘a terrorist act’ within meaning of Section 3(1)-Additional ... T....
2015 0 Supreme(Del) 367 • India - Delhi
SIDDHARTH MRIDUL
the Section 313 statement are not sufficient to absolve them of a guilty intent - Brij Mohan was not tendered pardon by the prosecution ... Criminal Procedure Code, 1973 - Section 313 - Incriminating circumstances - Omission - Effect of - Accused ... Penal Code, 1860 - Section 34 - Conspiracy - Testimony of co-accused - Effect....
• India - Crimes
PRAVENDU NARAYAN SINHA, AMIT TALUKDAR
challenged on plea of insanity — Insanity as exception to criminal liability should be one which disabled accused from knowing the ... character of the act during commission of criminal act — Distinction between medical & legal insanity — Burden of proof that accused ... Indian Penal Code, 1860 — Section 84 — Insanity — Appellant convicted u/s. 302 IPC for murder of a minor femal....
2014 0 Supreme(Ker) 219 • India - Kerala
K.T.SANKARAN, M.L.JOSEPH FRANCIS
The offence was complete when the girl left the convent school and boarded the bus as instructed or commanded by the first accused ... Penal Code 1860 - Section 361 - Evidence Act 1872 - Section 114A - Presumption under - Kidnapping - Unlawful ... the person who was lawfully entrusted with the care and custody of the minor girl, going #HL_START....
2024 0 Supreme(Bom) 768 • India - Bombay
G. A. SANAP
The accused was identified through DNA analysis as the biological father of the fetus, leading to his conviction. ... Result: The appeal was dismissed, upholding the conviction of the accused. ... Issues: Whether the evidence presented, particularly the DNA report, was sufficient to convict the accused ... to the acc....
2018 0 Supreme(Ker) 736 • India - Kerala
A.M.SHAFFIQUE, P.SOMARAJAN
, and the act of accused resulted in abortion of the baby at 18th to 20th week of pregnancy, the accused would answer Section 316 ... -If the act of the accused directed to the mother be such that had the mother died, he would have been held guilty of culpable homicide ... mother within 14 to 18 weeks #HL_STA....
2022 0 Supreme(Bom) 2679 • India - Bombay
PRAKASH D. NAIK
The decisions are not adverse to the case of the respondent/accused. In the case of Basavraj Patil and Ors (Supra), it was held that, recording of the statement under Section 313 of Cr.PC. can be dispensed with if the accused has been exempted from personally appearing before the Court. ... Hence fair opportunity is necessary to be given to the accused. No doubt there is delay in filling the written statement. However, factual aspect of this case are....
2023 0 Supreme(Ker) 824 • India - Kerala
C. S. DIAS
State of Haryana [2015 (1) SCC 496], the Honourable Supreme Court after a survey of the decisions on the point in question, has laid down the courses available when there was a failure to record the statement of the accused under Section 313 of the Code. ... [(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 Court may permit filing of written statement by the accused as sufficient c....
• India - Crimes
A.K.BASHEER
(b) of S. 313(1) of the Code. This does not presuppose that the accused must have been already exempted from personal appearance. ... What has been averred in the counter-statement is only that there is no undertaking that the accused, if convicted, would not raise any objection that his conviction was bad on the basis of the answers given by his counsel to the questions put by the Court under S.313 of the Code. ... According to the learned Magistrate, the dictum #HL_....
2012 0 Supreme(MP) 421 • India - Madhya Pradesh
G.D.SAXENA
Considering the law laid down by Hon’ble apex Court as discussed herein above and in view of the word ‘may’ used in proviso to section 313(1)(b) of the Code, it is manifestly clear that the learned trial Court in a given case may or may not allow the prayer of the accused for exemption from personal ... Where the Court has dispensed with the personal attendance of the accused in a summons case, his examination under clause (b) of section 313(1) may be dispensed with but where the #HL_S....
2005 0 Supreme(Ker) 263 • India - Kerala
A.K.BASHEER
What has been averred in the counter-statement is only that there is no undertaking that the accused, if convicted, would not raise any objection that his conviction was bad on the basis of the answers given by his counsel to the questions put by the court under Section 313 of the Code. ... This does not presuppose that the accused must have been already exempted from personal appearance. ... According to the learned Magistrate, the dictum laid down in Basavaraj's cas....
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