CrPC Section 313
Section 313 of the Code of Criminal Procedure (CrPC), 1973 (India):
⚖️ Section 313 – Power to examine the accused
🔹 Purpose of Section 313:
Section 313 gives the accused a chance to personally explain any circumstances appearing in the evidence against him. It ensures that no one is convicted without being heard, fulfilling the principles of natural justice.
🔸 Key Provisions:
Opportunity to Explain:
After the prosecution evidence is completed, the court must question the accused to explain any incriminating evidence brought against them.
This is not under oath and the accused cannot be punished for false answers.
No Oath Taken:
The accused is not examined under oath (unlike witnesses).
No cross-examination is allowed during this stage.
Mandatory and Discretionary Parts:
Sub-section (1)(b): It is mandatory for the court to examine the accused after prosecution evidence.
Sub-section (1)(a): The court may also question the accused at any stage if necessary.
Written Statement (Optional):
The accused can also submit a written statement in addition to or instead of oral replies.
✅ Summary Table:
| Feature | Details |
|---|---|
| Purpose | To let accused explain circumstances against him |
| Timing | After prosecution evidence is closed |
| Nature of statement | Not on oath, no cross-examination |
| Is it mandatory? | Yes, under Section 313(1)(b) |
| Can be used as evidence? | No, but can support the court’s inference |
📝 Important Case Law:
Narsingh v. State of Haryana (2015): The Supreme Court ruled that improper or no examination under Section 313 may vitiate the trial if prejudice is caused to the accused.
Basu v. State of West Bengal (2004): Accused's answers can be used for corroboration or contradiction.
⚠️ Important:
If the court fails to comply with Section 313 properly, it can lead to a miscarriage of justice and can be grounds for appeal or revision.
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