Crpc 313
PRADEEP SHAW
(Querist) 12 March 2015
This query is : Resolved
Sir,
My Wife filed a false 498A case against me & my mother and now the case is on 313 CRPC position as all witness along with cross was over from the girls side and cross was also over. Now the evidence is closed and the magistrate ordered for 313 crpc, What is 313 CRPC and what should we do for the preparation for 313 crpc to fight against the false 498A, What question and answer will be best for safety of us. please advice, Your advice will be highly appreciable.
Devajyoti Barman
(Expert) 13 March 2015
In 313 you will be given opportunity to explain or offer your version in respect of the evidence so far recorded.
Rajendra K Goyal
(Expert) 13 March 2015
The section is given 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 defense, 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).
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) 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 has committed.
ajay sethi
(Expert) 13 March 2015
you have to merely state your version of the case .
Dr J C Vashista
(Expert) 14 March 2015
Despite the fact Mr. Rajendra K Goyal has given/taught the meaning, definition and legal preposition and expert advise qua section 313 Cr.PC which I agree; whereas I found it a pure academic query for that you should have consulted your lawyer/tutor.
T. Kalaiselvan, Advocate
(Expert) 16 March 2015
This is the situation where your advocate will explain to you about what is to be done and what is to be answered before court, so do not be impatient about this to this extent.
