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Sec 313 crpc

Querist : Anonymous (Querist) 06 November 2011 This query is : Resolved 
Dear Experts,
I have been charged u/s 307 IPC,on date fixed for Sec 313 CrPC my advocate was absent on personal grounds and therefore I filed application for adjournment. The Court instead conducted Sec 313 CrPC and examined me even when my advocate was absent. Also I had not received any advice from my advocate on what Sec 313 CrPC was and what response I should give.
Is the Court allowed to examine me u/s 313 in absence of my advocate? Can you please give some relevant citations of the Supreme Court?
Thank you.
Arvind Singh Chauhan (Expert) 06 November 2011
Absence of advocate can not be a ground for adjournment at the stage of 313. But the fact is whether you were able to understand the questions put before you and their effect?
Arvind Sehdev (Expert) 06 November 2011
Yes, the court can examine you. Denial of legal consultancy and advice to you/accused at the time of examination under section 313 CrPC would not amount to violation of fundamental right contemplated under Articles 21 and 22[1] of the Constitution.
Case law to support this [a Madras High Court case]:
Dakshinamoorthy Vs. Union Territory of Pondichery, [2002] MLJ [Cri]402
Arvind Sehdev (Expert) 06 November 2011
The Judgment also states that the accused cannot answer all the questions with legal advice and consultancy as it would then not amount to the examination of the accused personally.
Rajeev Kumar (Expert) 06 November 2011
Arvind Sehdev have rightly replied your query and I too agree with him.
Kiran Kumar (Expert) 06 November 2011
Arvind has rightly explained the point...313 statement is infact the defence of the accused...so logically there is no question of legal assistance or advice on the issue...
prabhakar singh (Expert) 06 November 2011
This not my domain.
Shonee Kapoor (Expert) 07 November 2011
Arvind has rightly pointed out the case law.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Querist : Anonymous (Querist) 08 November 2011
Thank you very much experts


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