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Tagged: Criminal Procedure Code
August 12, 2017 at 10:54 am #2604
We are facing a false case u/s 420 IPC since 12/2012. In this case, Rs. 5.00 Lacs was taken and given back. When we returned the money we took receipt on stamp paper as affidavit and notorised it from oath commissioner. (I want to express that even complainant agreed that we do all money exchange in writing only) Now anti party denying that she had never gave this money or never received. Even this receipt was notorised in her presence and even after her endorsements in legal registers and other formal activities of oath commissioner. Now this case is in action plan and all witness statements are closed now (This FIR was without proper enquiry and one sided because we remained absent and even unheared in documents and even in statements). On next hearing it is statements u/s 313. I want to know what is this? Like should we give full statement or just answer what they ask? Can we exhibit documents as evidence? Even I as accused want to give my statement in our case, is it safe for us? Because as a son I know the real facts, incidents and transactions occured between us and anti party (my mother). Anti party hired a private lawyer to assist P.P. in this case. I want to ask when I will give my statement as accused, what can be the consequences after this? Like will P.P. cross examine or their private advocate can cross examine? Can we stay silent when their private lawyer try to frame us by his cunning tactics? Can I insist that I want to be cross examined by Public Prosecutor only? Please advise us in this 313 statement. Please let me know some less known rights of accused in criminal case. It will be a great help by you. Thanks in advance
August 12, 2017 at 3:17 pm #2608
Dr. Ashok DhamijaAdvocate
Section 313 of the Criminal Procedure Code is reproduced below:
“313. 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 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 witnesses 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 the Court has dispensed with the personal attendance of the 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-section (1).
(3) The 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 the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.”
On completion of the prosecution evidence, statement of the accused person is recorded under Section 313 Cr.P.C. He is asked generally in respect of the evidence which has come on record against him; a question may be asked about each item of evidence against him. Accused can give his answer in detail or in yes or no or he may even refuse to answer a specific question. He may also give a general explanation after specific questions. He is not cross-examined by any lawyer for any party on his statement under Section 313 Cr.P.C. This statement is directly recorded by the court.
If you, as accused person, want to give any defence evidence on your behalf, such as some documents or produce some defence witnesses, you can do so after your Section 313 Cr.P.C. statement.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.
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