S.313 of Code of Criminal Procedure, 1973 : Supreme Court Explains its Importance

 S.313 of Code of Criminal Procedure, 1973 : Supreme Court explains its Importance

An important Judgment was passed on 28 May 2021. 

On Section 313 of Code of Criminal Procedure, 1973, it has been commented at page 15 of Satbir v State of Haryana [2021] GCtR 964 (SC) thus : - 

"It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense. It ought to be noted that the examination of an accused under Section 313, CrPC cannot be treated as a mere procedural formality, as it is based on the fundamental principle of fairness. This provision incorporates the valuable principle of natural justice­ “audi alteram partem”, as it enables the accused to offer an explanation for the incriminatory material appearing against him. Therefore, it imposes an obligation on the part of the Court to question the accused fairly, with care and caution. The Court must put incriminating circumstances before the accused and seek his response. A duty is also cast on the counsel of the accused to prepare his defense, since the inception of the trial, with due caution..."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 28 May 2021.

Written by 

Vishal

Delhi

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