Procedure in 313 crpc & 315 crpc

Ram (Querist) 20 September 2021 This query is : Resolved
Dear Respected Experts,

Brief of Case:
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My wife filed a 498A case. I have documentary evidences to disprove the allegations.
I am planning to mark documentary evidences u/s 315 CrPC.
My Question:
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1) Could you please tell me when I have to file petition u/s 315 CrPC along with annexures?
should it be filed before 313 CrPC stage or after 313 CrPC stage?

Thanks in Advance
Ram

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Quick Summary

This discussion clarifies the procedure for filing defence evidence under Section 315 of the Criminal Procedure Code (CrPC). It explains that an accused can present their evidence under Section 315 CrPC only after completing their statement under Section 313 CrPC. While Section 313 allows for explanation of prosecution evidence, Section 315 enables the accused to present their own supporting evidence. However, it's noted that appearing as a witness under Section 315 can be a 'double-edged sword' due to the risk of cross-examination.

K Rajasekharan (Expert) 20 September 2021
The 313 examination comes exactly in between the prosecution evidence and defence evidence.

Only after 313 examination the defence gets a chance to step in the trial procedures with his evidence.

Advocate Bhartesh goyal (Expert) 21 September 2021
Accused can adduce his detailed statement u/sec 315 Cr.P.C after having completed statement of accused u/sec 313 Cr.P.C. and not before that.

SHIRISH PAWAR, 7738990900 (Expert) 21 September 2021
Hello,

Yes, after completion of statement u/s. 313 of crpc accused can file evidence u/s. 315 of crpc.

P. Venu (Expert) 21 September 2021
Provisions of Section 313 CrPC enables the accused to offer his explanation to evidence adduced against him by the prosecution whereas provisions of 315 enable the accused to adduce evidence in his favour. However, please note that the accused appearing as his own witness is a double-edged sword. He is liable for cross examination and this could be quite tricky unless he is totally faultless.

Ram (Querist) 22 September 2021
Thank you Very much Respected Experts Mr. Bhartesh Goyal sir, Mr. Shirish Pawar sir, and Mr.P.Venu sir, K. Rajasekaran sir

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