Sub-section (1) of 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).”
It is clear from this provision that it is mandatory for the court to question the accused person “generally on the case” after the witnesses for the prosecution have been examined and before the accused person is asked to submit his defence.
So, the questions asked from the accused person under Section 313 of the Criminal Procedure Code are generally related to the case. In practice, the accused person is asked questions relating to the evidence which has come on record against him in the form of the prosecution evidence. So, whatever evidence has come on record in the form of the statements of the witnesses examined by the court and also in the form of the documents exhibited by the prosecution, the accused will be asked questions with regard to them in a general manner.
No oath is administered while examining the accused person under this section. Moreover it is not mandatory for the accused to answer all the questions asked of him and he can maintain silence in reply to any question.
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. List of his Quora Answers. List of his YouTube Videos.
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