atul 27 October 2016

313 crpc statement for dv case

Ld. Lawyers,

I am facing a DV case filed by my wife.

I would like to present with a statement u/sec 313 CRPC to MM before beginning with the case.

Is statement u/sec 313 CRPC valid and allowed in proceedings under DV case since it is a quasi-criminal case?

Please clarify me.

atul

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3 Replies

(Guest)

Why u want to give 313? Once matter goes on trial it is mandatory that magistrate will question accused during the trial.as to accusations accepted or not. U giving 313 is inconsequential. Even if u give 313 n make the magistrate question the accused if accused won't accept accusations matter will be posted for trial. Accused will have right to appoint advocate. Instead of this go for settlement. Finish matter now. Case will go on for another decade. Be wise.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 28 October 2016

1. In DV case, S. 313 cr.p.c. not applicable being quasi-criminal case. You are allowed to file reply to the DV petition, hence question of S. 313 cr.p.c. does not arise.

2. S.313 statement or interrogatories would be put in criminal trials only after the evidence of prosecution is over. Such a thing is not there in DV cases. Engage a good advocate and rely on him.