Examination Under Section 313 Crpc
. What is Section 313 CrPC?
Section 313 of the Code of Criminal Procedure, 1973, provides for the examination of the accused by the court after the prosecution has closed its evidence but before the accused gives evidence in their defense.
The purpose is to give the accused an opportunity to explain any circumstances appearing in the evidence against them.
2. Why is Section 313 Important?
It helps the court to get the accused's version directly, without waiting for the accused to formally give evidence.
It ensures fairness by allowing accused to explain incriminating evidence.
It helps in speedy disposal of the case by narrowing down issues.
3. What Does Section 313 CrPC Provide?
The court may ask the accused questions on the evidence produced by the prosecution.
The accused may explain, deny, or give any relevant facts.
The examination can be oral or in writing.
The accused is not compelled to answer (right against self-incrimination), but adverse inference can be drawn in some circumstances.
4. Scope and Limitations
The questions should be relevant and based on evidence.
The accused should not be asked about irrelevant or extraneous matters.
The examination is not a formal cross-examination.
It is a statutory safeguard and an important part of the trial.
🧑⚖️ 5. Detailed Case Law Analysis
Case 1: K.R. Indira v. State of Kerala (1990)
Court: Supreme Court of India
Key Issue: Nature of examination under Section 313 CrPC.
Facts:
The accused was examined under Section 313. The question arose whether the accused could be compelled to answer.
Judgment:
The Supreme Court held that the accused cannot be compelled to answer any question that may incriminate them. The examination is meant to provide an opportunity to explain the evidence but the accused has the right to remain silent.
Significance:
The section cannot be used as a tool to compel self-incrimination.
Case 2: Bhupinder Singh v. State of Punjab (2011)
Court: Supreme Court of India
Key Issue: Object and scope of Section 313 CrPC examination.
Facts:
The accused was not examined under Section 313 and conviction was challenged.
Judgment:
The Court emphasized that the court must conduct Section 313 examination as it is mandatory and vital for fair trial. Failure to do so vitiates the trial.
Significance:
Section 313 examination is mandatory unless the accused chooses not to be examined.
Case 3: State of Uttar Pradesh v. Rajesh Gautam (2003)
Court: Supreme Court of India
Key Issue: Drawing adverse inference for silence under Section 313 CrPC.
Facts:
The accused declined to answer certain questions during Section 313 examination.
Judgment:
The Court ruled that mere silence cannot be the sole basis for conviction. However, if the accused’s silence is coupled with the incriminating evidence, the court may draw adverse inference.
Significance:
Clarifies that silence is a right, but it may have evidentiary consequences depending on the context.
Case 4: Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque (1969)
Court: Supreme Court of India
Key Issue: Scope of examination under Section 313 in civil vs criminal trials (discussing criminal trials).
Facts:
Though a civil case, the Court discussed the role of examination in criminal cases.
Judgment:
The Court highlighted that Section 313 is a unique provision to criminal trials where accused gets an opportunity to explain prosecution evidence, which is essential for fairness.
Significance:
Emphasizes the special protective role of Section 313 in criminal jurisprudence.
Case 5: State of Karnataka v. Shivappa (2008)
Court: Supreme Court of India
Key Issue: Whether court can ask leading questions under Section 313.
Facts:
Court raised doubts about leading questions during examination.
Judgment:
The Court held that the court can ask leading questions if necessary to elicit explanation but should avoid putting words in accused’s mouth.
Significance:
Flexibility in questioning to get clear explanation, while maintaining fairness.
Case 6: Shailendra Singh v. State of U.P. (1992)
Court: Supreme Court of India
Key Issue: Need for proper recording of answers in Section 313 CrPC.
Facts:
Answers given by accused during examination were not properly recorded.
Judgment:
The Court emphasized that the court must properly record the accused’s answers, as this forms part of the record for appeal or revision.
Significance:
Proper recording is mandatory for transparency and accountability.
6. Procedure of Examination Under Section 313 CrPC (Summary)
| Step | Description |
|---|---|
| Timing | After prosecution evidence, before accused’s defense begins |
| Nature of Questions | Based on evidence against accused |
| Right of Accused | May answer or remain silent (no compulsion) |
| Recording | Answers must be recorded properly by court |
| Impact of Silence | Adverse inference may be drawn depending on circumstances |
7. Importance in Criminal Trial
Ensures accused’s right to be heard on incriminating evidence.
Helps court clarify facts, reduce issues, and avoid surprises.
Prevents accused from later raising new defenses.
Facilitates fair and expeditious trial.
✅ Conclusion
Section 313 CrPC is a crucial safeguard in criminal trials, ensuring accused get a chance to explain prosecution evidence. Courts must conduct this examination fairly and record it properly. Accused has the right to remain silent but may face adverse inference if silence is unexplained in light of evidence.
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