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BBA LLB   14 July 2021

Crpc quesion

Whether a court has to presume plea of private defence in favour of an accused, if the circumstance of the case warrants so, When right of private defence is not taken by the accused even in proceeding under section 313 CrPC? 



Quick Summary
This discussion delves into whether a court is obligated to presume a plea of private defence for an accused under the CrPC, particularly when the circumstances seem to warrant it, even if the defence wasn't formally raised. The consensus suggests that courts cannot presume such a plea without it being pleaded and argued with supporting evidence, unless the evidence is overwhelmingly apparent on the face of the case.

 2 Replies

G.L.N. Prasad (Retired employee.)     15 July 2021

Unless a fact is pleaded and argued with such evidence court can not presume on its own, unless there is strong evidence apparent on the face of it..

P. Venu (Advocate)     15 July 2021

What are the facts? What is the context?


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