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LoneFighter (IT)     04 September 2014

Exercising 313 cr pc

Dear experts, 

Is there a way to exercise 313 CrPc without being present in the court. Is it ok if accused plead that he would not be attending proceedings but would want to exercise the right by sending the court a written statement duly notarized by a attorney from other country. 

Please let us know if there a provision. 

Thanks in advance.


 7 Replies

Ashok, Advocate (Lawyer at Delhi)     04 September 2014

As per the provisions of clause (b) of Section 313(1) of Cr.P.C., it is binding on the trial court to question an accused person generally on the case, after completion of the evidence of the prosecution witnesses. The only exception is in a summons-case wherein the court has dispensed with the personal presence of the accused, in which case the aforesaid examination of the accused may also be dispensed with.


The aforesaid examination of the accused under Section 313 of Cr.P.C. is required to be conducted directly inside the court. I have not come across any case, nor have I heard about any such case, where such examination was conducted even without the presence of the accused person in the court, such as by filing a written statement. I have not seen any such legal provision also. Of course, Section 284 of the Cr.P.C. provides for dispensing with the attendance of a witness and recording his statement by issuing a commission; however, it appears that this section is not meant to be used for examination of the accused person under Section 313 of Cr.P.C. Therefore, it may not be possible to get the Section 313 Cr.P.C. examination conducted through a written statement without remaining present in the court.



However, an accused has the right to refuse to answer any such questions that are asked to him during his examination under Section ribaldry of Cr.P.C., and Section 313(3) clearly lays down that he cannot be punished if he refuses to answer any such questions. But, any refusal to answer such questions may appropriate be considered adversely (to the extent permissible under law) by the court at the time of evaluation of the evidence while writing the judgment, since it implies that the accused does not have any answer or defence to offer on that issue.

1 Like

LoneFighter (IT)     04 September 2014

@Ashok Sir,

Thank you very much for all your queries. they are really helpful. Is not there any way to do video conferencing to the hearing. 

Is not this just unfair, what if

Accused found not guilty and will court later bear all the expenses and compensate Accused for all the loss happened in his life. 


Thanks again sir. 

Ashok, Advocate (Lawyer at Delhi)     05 September 2014

In the case of State of Maharashtra  v.  Praful B. Desai (Dr),  (2003) 4 SCC 601 : AIR 2003 SC 2053 : 2003 Cri LJ 2033, the Supreme Court had allowed the trial court to record evidence of a witness (who was in USA) through video-conferencing. However, I have not come across any case where a similar facility has been provided to the accused person for recording his statement under Section 313 of the Cr.P.C. You may try to file an application in the trial court by citing this judgment and see if the trial court permits you to get your statement recorded under Section 313 of the Cr.P.C. through video-conferencing, though chances of success appear to be limited.

LoneFighter (IT)     05 September 2014

@Ashok Sir: Thank you very much for the above citation. I mean it. THanks. 

R Trivedi (     06 September 2014

Under the amended CRPC rules S.313(5) offers an opportunity to accused to file his statement in writing. Under this procedure courts provides a list of question and accused is at liberty to either answer then and there (as per normal practice) or he is at liberty to file a written statement at the next date.


So please speak to your lawyer, on the date fixed for S.313, your counsel will orally pray for S.313(5), and then you can proceed with your written submission on next dat. This is subject to that court exempts your presence, which most likely will be done, if done till today. Do not submit anything without list of questions.

1 Like

Ashok, Advocate (Lawyer at Delhi)     06 September 2014

Mr. R. Trivedi is right. The latest amendment to Section 313 Cr.P.C., by inserting sub-section (5) therein, is reproduced below:



“(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.”


Therefore, this should solve your problem.

LoneFighter (IT)     07 September 2014

@Trivedi Sir and @Ashok Sir...

Thats so awesome... thanks for all the help. Thank you very much..

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