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Is Examination under Section 313 CrPC Required When No Substantive Evidence Exists Against the Accused?
In criminal trials, Section 313 of the Code of Criminal Procedure (CrPC) plays a pivotal role in upholding the principles of natural justice and a fair trial. It mandates the court to examine the accused after the prosecution evidence is closed, allowing them to explain any incriminating circumstances appearing against them. But what happens when there's no substantive evidence against the accused? Is this examination still required? This post delves into Supreme Court judgments and legal precedents to address this query, providing clarity for legal practitioners, students, and those navigating criminal proceedings.
Note: This article offers general insights based on judicial interpretations. Legal outcomes depend on specific facts; consult a qualified lawyer for advice tailored to your situation.
Understanding Section 313 CrPC: The Basics
Section 313 CrPC empowers the court to question the accused personally. Key features include:
- General questions on the case (sub-section 1(b)).
- Specific questions on incriminating evidence (sub-section 1(a)).
- No oath required, and answers can't be used against co-accused but can against the maker.
The object is to give the accused a chance to explain, fulfilling audi alteram partem (hear the other side). As held in various cases, it's not a mere formality but a constitutional safeguard under Article 21 (right to fair trial) [
Search Results for "Is Section 313 CrPC Exam Required Without Evidence?"
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
313 - Evidence Act - Section 8 and 32 - Offence of Murder - Criminal Conspiracy - Charged - Appellant was not at all interested ... Indian Penal Code ,1860 - Section 302, 120-B and 109 read with 201 - Code of Criminal Procedure - Section ... guilt of accused as in this case - Appeal allowed. ... scope of the examination of the accused under Section 313....
1996 1 Supreme 485 • India - Supreme Court
A.S.ANAND, S.SAGHIR AHMAD
The substantive sentences of imprisonment shall, however, run concurrently. ... each but impose no separate sentences for the offence under Section 366/368 Evidence Act-Section 114-A-a href=act:78 ... In their statements recorded under Section 313 Cr.P.C. the respondents denied the prosecution allegations against ....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
1987 the accused may be entitled to file an appeal in High Court itself and in case an appeal against conviction is filed by the ... 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of Code of ... , 21 , 359(1) , 20 ,21, 233, 234 ,235 , 143(1) , 139-A and 20(3) - Northern Ireland (Emergency Provisions) Act of 1973 - Indian Evidence ... of an #HL_S....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
both under clause (3) of Article 163, and Section 123 of the Indian Evidence Act. ... in S. 162 of the Code of Criminal Procedure and Section 123 of the Evidence Act, and have laid down principles which should be adopted ... his last response to a request for information he had himself become a defendant or an accused.
2007 2 Supreme 579 • India - Supreme Court
B.N.AGARWAL, P.P.NAOLEKAR
not giving any explanation in their examination under Section 313, Cr.P.C ... the crime—Criminal Procedure Code, 1973—Section 313. ... persons not giving any explanation in their examination u/s 313 Cr.P.C/a ... Thus, in the circumstances of the case, the accused persons not giving any explanation in their #H....
2025 0 Supreme(Gau) 418 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
was based on evidence that was not properly put to the accused during examination under Section 313 CrPC, leading to a violation ... ... ... Ratio Decidendi: The court emphasized the necessity of putting incriminating evidence to the accused during trial, and the ... ... ... Findings of Court: ... The #H....
• India - Crimes
T.VAIPHEI
Section 313 CrPC in the absence of any other evidence on the record to establish the charge against him. ... made by the appellant in his examination under Section 313 CrPC can be used for convicting him for the offence of Section 392 IPC ... The law is well-settled that the#HL_END....
2021 0 Supreme(Megh) 75 • India - Meghalaya
W. DIENGDOH, RANJIT MORE
The court applied the legal principle that the examination under Section 313 CrPC is mandatory and aims to afford the accused an ... and perfunctory examination under Section 313 CrPC led to inherent contradictions and great prejudice to the appellant/accused - ... with #HL....
2020 0 Supreme(Cal) 423 • India - Calcutta
SAHIDULLAH MUNSHI, SUBHASIS DASGUPTA
Whether the accused was prejudiced during the examination under Section 313 CrPC. 7. ... the examination under Section 313 CrPC, defective charge under Section 211 CrPC, withholding of independent witnesses under Section ... The #HL_START....
2013 0 Supreme(Raj) 714 • India - Rajasthan
M.N.BHANDARI
OF PROOF - SECTION 108 - STATEMENT OF ACCUSED - JUDICIAL PROCEEDING - SECTION 313 CRPC - EXAMINATION OF ACCUSED - CONVICTION AND ... - JUDICIAL PROCEEDING - SECTION 313 CRPC - EXAMINATION OF ACCUSED - CONVICTION AND SENTENCE - SECTION 135(1)(I) AND (II) - DISTINCTION ... was not on the accused, and ....
2025 Supreme(Online)(All) 70078 • India - HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. MUNIR, SANJIV KUMAR,
of the accused in the course of examination under Section 313, do not constitute evidence under Section 3 of the Evidence Act. ... Statements of the accused in the course of examination under Section 313, do not constitute evidence under Section 3 of the Evidence Act. ... The question before the Court was whether the admission of guilt by the a....
2023 0 Supreme(Pat) 747 • India - Patna
SUDHIR SINGH, CHANDRA PRAKASH SINGH
P.C. specify the weapons put forth in examination under Section 313 Cr. ... to compel the appellants, at this advanced stage to revisit the case and provide further statements under Section 313 Cr. ... 313 Cr. ... The result of the faulty examination under Section 313 Cr. P.C. could be that the accused could be acquitted. ... Whether the defective examination under section #HL_ST....
2023 0 Supreme(Chh) 482 • India - Chhattisgarh
SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
The question for consideration would be, whether the admission of guilt by the appellant in his examination under Section 313 of CrPC constitutes substantive evidence within the meaning of Section 3 of the Evidence Act ? 29. ... under Section 313 CrPC. ... be premised solely on the basis of the section 313 statement(s) and statements of the accused#HL_....
2024 0 Supreme(Cal) 1066 • India - Calcutta
ANANYA BANDYOPADHYAY
State, this Court held that examination of an accused under Section 313, Cr. ... At the same time, we may hasten to add that it is a well-neigh settled position that non-examination or inadequate examination under Section 313, Cr. ... (ii) The object of examination of the accused under Section 313 is to enable the accused t....
2022 0 Supreme(AP) 1245 • India - Andhra Pradesh
C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
CRIMINAL APPEAL - SECTION 302 IPC - DYING DECLARATION - SECTION 313 CRPC - ADMISSIBILITY OF EVIDENCE - INTERPRETATION OF LEGAL ... PROVISIONS - EFFECT OF NOT PUTTING CONTENTS OF DYING DECLARATIONS TO ACCUSED UNDER SECTION 313 CRPC - PREJUDICE TO ACCUSED - EXCLUSION ... Whether the failure to put the contents of the dying declarations to the accused under Section 313 CrPC resulted in prejudice to ... The issue involved in the present case is the effect of not putting the contents of two....
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