The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-X]

SECTION 313 EXAMINATION

Q.43 What is meant by Section 313 examination?

Ans. Section 313 Cr.P.C. clothes every criminal court with the power to examine the accused for the purpose of enabling him to personally explain any incriminating circumstance appearing in the evidence for the prosecution. This examination can be conducted by the Court at two stages –

1. At any stage the Court may under Section 313 (1) (a) Cr.P.C. put questions to the accused without previously warning him.

NOTES BY THE AUTHOR: This is a provision which is seldom used by the criminal court. If this power is lavishly exercised by courts, the possibility of witnesses resorting to perjury will be minimal.

2. After the prosecution witnesses have been examined and before the accused is called upon to enter on his defence, the Court shall examine the witnesses generally with regard to the incriminating circumstances in the prosecution evidence.

Q.44 What is the object of 313 examination of the accused?

Ans. The purpose of this examination which is mandatory (except in summons cases where the personal attendance of the accused had been dispensed with), is to give the accused an opportunity to offer his explanation for the incriminating evidence against him. This is really a facet of the doctrine of “audi alteram partem” which means that no person shall be condemned unheard.

Courts have gone to the extent of holding that any conviction recorded without eliciting the explanation of the accused regarding all or any of the incriminating circumstances appearing against him, will be unsustainable. (Vide Sharad Birdhichand Sardar v. State of Maharashtra AIR 1984 SC 1622 = (1984) 4 SCC 116 – 3 Judges – Fazal Ali, Varadarajan, Sabyasachi Mukharji – JJ.)

Q.45 While examining the accused under Section 313 Cr.P.C. should not the Court administer oath to him?

Ans. No. Administering oath to the accused is expressly barred under Section 313 (2) Cr.P.C.

Q.46 Will not the accused render himself liable to punishment by either refusing to answer any question put to him under Section 313 Cr.P.C., or by giving false answers to those questions?

Ans. No. There is a prohibition in this regard under Section 313 (3) Cr.P.C.

Q.47 Do the answers given by the accused in reply to the questions put to him under Section 313 Cr.P.C., constitute evidence?

Ans. No. The unsworn answers given by the accused cannot be treated as evidence. They only constitute “links” in the chain of circumstantial evidence.

Part 9: The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-IX]