S
313 of CRPC- Power to examine the accused:-
1) In every inquiry or trial
for the purpose of enabling the accused personally to explain any
circumstances appearing in the evidence given against him,the court-
a) may at any stage without
previously warning the accused put such questions to him as the court
considers necessary;
b)shall after the witness for
the prosecution have been examined and before he is called on for his
defence question him generally on the case:
Provided that in a
summons-case where court has dispensed with personal attendance of
accused,it may also dispense with his examination under Clause (b).
2)No oath shall be
administered to the accused when he is examined under Sub S (1).
3) Accused shall not render
himself liable to punishment by refusing to answer such questions or
by giving false answers to them.
4) The answers given by
accused may be taken into consideration in such inquiry or trial and
put in evidence for or against him in any other inquiry or trial for
any other offence which such answers tend to show he has committed.
5)(Inserted by amendment Act
2008) The court may take help of prosecutor and defence counsel in
preparing questions which are to be put to accused and the court may
permit filing of written statement by accused as sufficient
compliance of this section.
Read important judgment on statement of accused U/S 313 of CRPC:
No comments:
Post a Comment