SECTION 313 OF Cr.P.C.

SHEKHAR MISHRA (Querist) 29 September 2008 This query is : Resolved
At the trial, the accused pleads guilty to the charge. The magistrate does not record the statement of the accused under sec.313 of crpc and convicts him.Is it a valid order?

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Guest (Expert) 29 September 2008
Depends if summons cases, valid, if warrant case invalid.

deepak kumar (Expert) 29 September 2008
if the accused pleads guilty to charge then he can be convicted in terms of section
229 in trial before court of sessions
241 in warrant cases by magistrate
252 in trial of summons cases by magistrate
then in that case there is no question of statement u/s 313 CrPC.

salilkumarp (Expert) 29 September 2008
accused admissions can be taken in to account while appreciating the evidence and can form a reason for conviction.
admission in 313 alone cannot be the basis of conviction,if other evidence are not sufficient for conviction

ARVIND JAIN (Expert) 29 September 2008
In what offence he pleads guilty? if he pleads guilty, court can convict. what is wrong ?

G. ARAVINTHAN (Expert) 29 September 2008
Details needed as to the type of Case(Summon/Warrant)
Offence?

Please provide details sir.

K.C.Suresh (Expert) 30 September 2008
Generally answering there is no need of complying 313 in that circumstances. If there is any special circumstances to deviate from that kindly note.

Adv.Shine Thomas (Expert) 02 October 2008
At the trial accused pleaded guilty means, he answered to the 313 questioning. so the Magistrate can convict the accused on the basis of the evidence.After framing of charge there is no chance to the accused to plead guilty. Therefore should presume that the accused answered to the 313 questioning but the Magistrate convicted the accused on the basis of the evidence and hence the order is valid.313 questioning is only to answer to the evidence recorded in the case and not to plead or deny the guilty.

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