AI Overview...
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Section 313(4) CrPC - Admission of Guilt
The statement made by the accused under Section 313(4) CrPC can constitute an admission of guilt, which is a significant factor in the prosecution's case. Its scope and usability depend on proper recording and context. For instance, in one case, the accused's admission during Section 313(4) was considered sufficient to establish guilt Omi Alias Om Prakash VS State Of U. P. - Allahabad. -
Proper Recording of Statements
The correctness of recording the accused's statement under Section 313 CrPC is crucial. Proper procedure ensures the statement's credibility and admissibility. Omissions, such as not putting the Public Analyst's report to the accused, did not necessarily cause prejudice if the accused's rights were otherwise protected Rijumal VS State of Rajasthan - Rajasthan, Mohinder Singh VS State (Chandigarh Administration) - Punjab and Haryana. -
Use of Section 313 in Defense and Evidence
The statement under Section 313 can be used to rebut the prosecution's case or establish innocence. It is an opportunity for the accused to explain circumstances, which can influence the outcome. The statement's sufficiency in rebutting evidence depends on its content and context Pawan Kumar : Yogesh Kumar : Nirmal Kumar VS State of Rajasthan - Rajasthan. -
Legal Implications and Discretion
The court's discretion regarding the personal attendance of the accused during examination under Section 313 is recognized. In some cases, personal attendance can be dispensed with, provided the accused's rights are safeguarded, and the examination is properly conducted Barjinder Singh Hamdard VS State of Punjab - Crimes, Susan Das and Others VS Hemlata Das - Gauhati. -
Admissibility and Limitations
While Section 313 statements are vital, their admissibility as evidence depends on adherence to procedural requirements. Extrajudicial confessions or statements obtained improperly may be challenged or deemed inadmissible. The purpose of Section 313 is to facilitate clarity and fairness in the trial process Maitas Kashyap VS State of Assam - Gauhati.
Analysis and Conclusion
Section 313 CrPC serves as a key procedural tool allowing courts to examine the accused, clarify circumstances, and assess admissions that can influence guilt or innocence. Proper recording, adherence to procedural safeguards, and the context of statements determine their evidentiary value. Courts have discretion regarding personal attendance, but the fundamental aim remains ensuring a fair trial where the accused's rights are protected Omi Alias Om Prakash VS State Of U. P. - Allahabad, Rijumal VS State of Rajasthan - Rajasthan, Susan Das and Others VS Hemlata Das - Gauhati.
References:
- Omi Alias Om Prakash VS State Of U. P. - Allahabad
- Rijumal VS State of Rajasthan - Rajasthan
- Mohinder Singh VS State (Chandigarh Administration) - Punjab and Haryana
- Pawan Kumar : Yogesh Kumar : Nirmal Kumar VS State of Rajasthan - Rajasthan
- Barjinder Singh Hamdard VS State of Punjab - Crimes
- Susan Das and Others VS Hemlata Das - Gauhati
- Maitas Kashyap VS State of Assam - Gauhati
Search Results for "Section 313 4 Crpc"
1985 0 Supreme(All) 241 • India - Allahabad
N.N.SHARMA
Whether the accused's statement under Section 313(4) CrPC constituted an admission of guilt. 2. ... CRIMINAL LAW - STATEMENT OF ACCUSED UNDER SECTION 313 (4) CRPC - SCOPE AND USABILITY - ADMISSION OF GUILT - INTERPRETATION AND ... solely on his statement under Section 313(4) of the Code of Criminal Procedure, 1973, in which he admitted to being the driver of ... Section....
1988 0 Supreme(Raj) 804 • India - Rajasthan
JASRAJ CHOPRA
Opium Act - Section 4/9 - Possession of Opium - Evidence - Search and Seizure - Examination of Accused under Section 313 CrPC ... The statement of the accused under section 313 CrPC was properly recorded. 4. ... Whether the statement of the accused under section 313 CrPC was properly recorded? 4. ... In this case, the report or the chemical examiner has been pu....
1997 0 Supreme(P&H) 9 • India - Punjab and Haryana
V.S.AGGARWAL
Whether the omission to put the report of the Public Analyst to the accused under Section 313 CrPC caused prejudice. 4. ... - STIRRING OF MILK SAMPLE BEFORE TAKING - NECESSITY - PUTTING REPORT OF PUBLIC ANALYST TO ACCUSED UNDER SECTION 313 CRPC - REQUIREMENT ... The omission to put the report of the Public Analyst to the accused under Section 313 CrPC did not cause prejudice to the accused ... Petitioner was examin....
2012 0 Supreme(Cal) 289 • India - Calcutta
KANCHAN CHAKRABORTY
RAPE & KIDNAPPING - AGE OF VICTIM - CONSENT - CHARGE FRAMING - SECTION 366A & 363 IPC - EXAMINATION UNDER SECTION 313 CRPC - SENTENCE ... Whether the appellant was prejudiced during the examination under Section 313 CrPC. 5. ... The court found no prejudice to the appellant in the manner he was examined under Section 313 CrPC. 5. ... 313 Cr.P.C. ... Safiulla raised question as to....
2018 0 Supreme(Chh) 443 • India - Chhattisgarh
PRITINKER DIWAKER, RAJANI DUBEY
The trial Court appears to have turned a blind eye even to Section 313 CrPC statement of accused/appellant No.4 & 5 because had it ... Criminal Procedure Code - Section 313 - Application for Suspension of Sentence and Grant of Bail - Order ... not been so, the glaring error in not recording the proper statement of accused/appellants No.1 to 3 under Section 313 CrPC would ... The trial Court appears to have turned a....
1986 0 Supreme(Raj) 397 • India - Rajasthan
D.L.MEHTA, G.K.SHARMA
The accused's statement under Section 313 CrPC was sufficient to rebut the prosecution's case. ... Whether the accused's statement under Section 313 CrPC was sufficient to rebut the prosecution's case. ... 313 CrPC - Denial of allegations - No defence witnesses examined. ... Subsection (4) of Section 164 Cr. P. ... He has simply reproduced the note as contained in Sub-section (#....
• India - Crimes
RAJAN GUPTA
(i) Criminal Procedure Code, 1973—Section 313(1)(4) proviso— Exemption from personal appearance at the time of examination under ... move around was not believable—Trial Court did not refer to proviso to Section 313 (1)(b) CrPC—Impugned order was liable to be set ... Section 313 CrPC—In summons case where Court had dispensed with personal attendance of accused, it might also dispense with his examination—Petitioner....
1989 0 Supreme(Gau) 125 • India - Gauhati
MANISANA
The examination of the accused under section 313, CrPC is important to enable the accused to explain any circumstances appearing ... Ratio Decidendi: The examination of the accused under section 313, CrPC is important to enable the accused to explain any ... the personal attendance of the accused, their examination under clause (b) of section 313 (1) may be dispensed with. ... The examination of the accused under section ....
2021 0 Supreme(Gau) 245 • India - Gauhati
MIR ALFAZ ALI
313 CrPC. ... 313 CrPC. ... 313 CrPC. ... On completion of the prosecution evidence, the appellant was examined under Section 313 CrPC, wherein the appellant took the plea of innocence. On appreciation of evidence, learned Sessions Judge convicted the appellant under Section 4 of the POCSO Act and awarded sentence as indicated above. ... On perusal of the statement of the accused recorded under #H....
1997 0 Supreme(Gau) 55 • India - Gauhati
D.N.CHOWDHURY, V.DUTTA GYANI
Whether the statement under Section 313 CrPC was admissible as evidence. 4. ... CRIMINAL LAW - MURDER - SECTION 302 IPC - CIRCUMSTANTIAL EVIDENCE - CONFESSION - SECTION 313 CRPC - EXTRAJUDICIAL CONFESSION - ... 313 CrPC. ... It is contrary to the very object and purposes of recording statement of an acccused under section 313 CrPC. Sub-section ....
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