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(Guest)

313 Statement - What is the Harmonious Interpretation?

The newly introduced sub section 5 of s.313 states, "the Court may permit filing of written statement by the accused as sufficient compliance of this section".

Existing 313 (1) (b) says "after the witness for the prosecution have been examined and before he is called on his defence, question him generally on the case".

Does it mean, that if the Court permits filing of the written statment by the accused, there is no need to question the accused generally on the case? especially when the newly introduced section says that the written statement is sufficient compliance of the section.



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 8 Replies

Arvind Singh Chauhan (advocate)     14 February 2010

Please Sir can you please mention here the Amenment Act and Year, of this  newly introduced sub section 5 of s.313.

rajesh saharan (ADVOCATE)     15 February 2010

22. Amendment of section 313. - In section 313 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:-

 

"(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section."


Attached File : 53 53 code of criminal procedure amendment act 2008.doc downloaded: 129 times

(Guest)

Arvind sir,

The amendment has come into force w.e.f.31/12/2009 after the issuance of gazette notification.

Arvind Singh Chauhan (advocate)     15 February 2010

Learned members thanks.

Rajan Salvi (Lawyer)     15 February 2010

But the copy of the Gazette notification is still elusive. Can anybody please scan and post it on the site. Thanx in advance.

rajesh saharan (ADVOCATE)     15 February 2010

here..

rajesh saharan (ADVOCATE)     15 February 2010

sorry...


Attached File : 10 10 128threport.pdf downloaded: 146 times

Ravindra H Chaudhari (Student)     08 March 2013

How the action for should be initiated against making false statements u/s 313 CrPC, encompassing perjury u/s 191 193 of IPC? How the action for should be initiated against making false statements in defense evidence encompassing perjury u/s 191 193 of IPC? Can complaint u/s 191 of IPC be filed against Statement under Cr P C 313?

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