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— may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; 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). No oath shall be administered to the accused when he is examined under Sub-Section (1). The accused shall not render himself liable to punishment by refusing to answer such question, or by giving false answers to them. 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 had committed.
Code of Criminal Procedure, 1973
Section 313
Power to examine the accused
⚡ Quick Answer Reference: Section 313 CrPC
- Provision: Section 313 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section allows a court to question the accused to clarify circumstances against them without warning, and after prosecution witnesses have been examined, to help the accused explain their side.
What does Section 313 of CrPC say?
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What does Section 313 of CrPC mean?
Plain English Explanation
This section allows a court to question the accused to clarify circumstances against them without warning, and after prosecution witnesses have been examined, to help the accused explain their side.
Practical Interpretation
In practice, this section enables the court to directly interact with the accused, ensuring they have a chance to respond to evidence presented, facilitating a fair trial by allowing the accused to provide explanations.
Core Legal Purpose
The core purpose is to ensure the accused has an opportunity to personally explain any evidence against them, promoting fairness and transparency in the legal process.
- •The court has the power to question the accused at any stage of the inquiry or trial.
- •The accused must be questioned generally on the case after the prosecution witnesses have been examined.
- •No oath is administered to the accused during this examination.
- •The accused cannot be punished for refusing to answer or giving false answers during this examination.
Practical Example of Section 313 CrPC
Rajesh is accused of theft. During his trial, the court exercises its power under Section 313 to ask Rajesh about discrepancies in his alibi. Rajesh explains that he was mistaken about the time. The court considers his response along with other evidence to determine his guilt.
Frequently Asked Questions about Section 313 CrPC
Q: What is the punishment or consequence under Section 313 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment. The accused cannot be punished for refusing to answer or giving false answers during the examination under this section.
Q: Does this section apply to private individuals or public entities?
This section applies to the accused in a criminal trial, which can be a private individual. It is part of the criminal procedure and is used in the examination of accused persons.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It is a procedural provision related to the examination of the accused.
Common Questions about Section 313 CrPC
What is Section 313 of CrPC?
Section 313 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power to examine the accused". In plain terms: This section allows a court to question the accused to clarify circumstances against them without warning, and after prosecution witnesses have been examined, to help the accused explain their side.
What is the punishment under Section 313 of CrPC?
Section 313 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 313 of CrPC bailable or non-bailable?
Whether Section 313 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 313 of CrPC?
The essential elements of Section 313 of CrPC are: The court has the power to question the accused at any stage of the inquiry or trial.; The accused must be questioned generally on the case after the prosecution witnesses have been examined.; No oath is administered to the accused during this examination..
Landmark Judgments under Section 313 CrPC
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 313
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