Dr J C Vashista (Advocate) 23 October 2021
Statement u/s 313 Cr PC has to be made by the accused and not by his / her counsel.
Shubham Bhardwaj (Advocate) 23 October 2021
I completely concur with the learned export Sh Vashista G. Section 313 Cr PC statement is to be made by the accused himself.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
P. Venu (Advocate) 24 October 2021
In a summons case, the Court has discretion to dispense with personal attendance of the accused. As per Jharkhand amendment, presence through the medium of electronic video linkage is permissible.
Section 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 defence, 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.
1[(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.]
Amendment of Section 313.--In Section 313 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand:--
(i) In every enquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him the Court-After the words "enabling the accused," the word "in person or through the medium of electronic video linkage" shall be inserted.
minakshi bindhani 25 October 2021
Kevin Moses Paul 09 November 2021