Suresh (Head) 08 August 2014

Statement of accused

Request if anyone can confirm that as an accused when it comes to give statement in the court during trial, can statement be read from paper by self or we need to remember everything and give statement without reading from any page. it is hard to remember all the facts with the dates. Please suggest.

Regards

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5 Replies

Advocate Bhartesh goyal (advocate) 08 August 2014

You have to give answers of questions asked by counsels without going through any paper .

Advocate Bhartesh goyal (advocate) 08 August 2014

You have to give answers of questions asked by counsels without going through any paper .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 August 2014

Dear Querist

under section 313 of Cr.P.C the court will ask questions from accused.

read the section carefully.

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.

5) The court may take help of prosecutor and defense lawyer 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.

Laxmi Kant Joshi (Advocate ) 08 August 2014

No body will read any statement in the court , you can read your statement in your case file prepared by your counsel and after prepration you can give your responses of 313 crpc when it is asked by the court to examin you by asking in the form of qestions .

R Trivedi (advocate.dma@gmail.com) 05 December 2014

313(5) provides accused to submit the written statement....Tell the court orally to give you the Questions and you will submit the written statement on next date....Court has no discretion to reject your oral request.