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138 OF NI Act

(Querist) 27 November 2010 This query is : Resolved 

1. How important is questioning the Accused u/s 313 Cr.P.C.?

2. Can the Accused strongly defend during questioning u/s 313 Cr.P.C.?

3. Is the Accused bound to answre only
YES or NO ?? to the questions ?

Regards
Ramakrishna
Report Abuse
Advocate. Arunagiri (Expert) 27 November 2010
Questioning is to confirm whether the accused is accepting the offense or not. He need not strongly defend in the question time, he will to allowed to say yes or no.
Arun Kumar Bhagat (Expert) 27 November 2010
1. The purpose of examination u/s 313 Cr.P.Code is to put forth the incriminating evidence before the accused for his clarification or reply. Any affirmative answer will go against the accused.

2. If he wishes, then he can do.

3.Accused can maintain silence all along the examination.
Ajay Bansal (Expert) 27 November 2010
SECTION 313 Cr.P.C. IS A PREVILAGE TO ACCUSED. HE/SHE CAN GIVE ANSWERS IN YES OR NO,AND HE /SHE CAN GIVE DETAILED ANSWERS.HOWEVER HIS/HER STATEMENT CAN GO AGAINST HIM/HER,IF IT IS FALSE.
Advocate Bhartesh goyal (Expert) 27 November 2010
Questioning of accused is done to enable him to give an opportunity to explain any circumstances which have com out in the evidence against him.circumstances which are adverse to accused should be brought to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence.
Advocate Bhartesh goyal (Expert) 27 November 2010
Questioning of accused is done to enable him to give an opportunity to explain any circumstances which have com out in the evidence against him.circumstances which are adverse to accused should be brought to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence.
Advocate Bhartesh goyal (Expert) 27 November 2010
Questioning of accused is done to enable him to give an opportunity to explain any circumstances which have com out in the evidence against him.circumstances which are adverse to accused should be brought to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence.
Advocate Bhartesh goyal (Expert) 27 November 2010
Questioning of accused is done to enable him to give an opportunity to explain any circumstances which have com out in the evidence against him.circumstances which are adverse to accused should be brought to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence.
Advocate Bhartesh goyal (Expert) 27 November 2010
Questioning of accused is done to enable him to give an opportunity to explain any circumstances which have com out in the evidence against him.circumstances which are adverse to accused should be brought to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence.
Advocate Bhartesh goyal (Expert) 27 November 2010
Questioning of accused is done to enable him to give an opportunity to explain any circumstances which have com out in the evidence against him.circumstances which are adverse to accused should be brought to the notice of the accused to enable him to give any explanation or answers for such adverse circumstance in the evidence.
Raj Kumar Makkad (Expert) 27 November 2010
Agreed
SANJAY GUPTA (Expert) 27 November 2010
Agreed
Guest (Expert) 27 November 2010
I do agree.
ashish lal (Expert) 28 November 2010
agreed
Khaleel Ahmed (Expert) 28 November 2010
agreed.
Kirti Kar Tripathi (Expert) 28 November 2010
agree
Selva Kumar (Expert) 03 December 2010
i agree with bhartesh

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