Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

garima   16 February 2016

313 Of Cr. P C.

what is the practicle process of section 313 Of Cr. P. C. and who ask questions judge, public prosecutor, council for complainent or accused just has to explain. There is no evidence in file of 406/ 498a except statement of complainent and pw closed. What is the best way to deal with.


Learning

 4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 February 2016

Simply deny the allegations . Also if you want to say something innyour defence or to explain any essential aspect , then this would be the best time to do it

Vijay Raj Mahajan (Advocate)     17 February 2016

The statement of accused u/s313Cr.P.C is being conducted by the magistrate or the public prosecutor depending from district to district, the defense advocate can assist in the process. The evidence if any by the accused in his defense can be placed on the record at that time and he can be crossed by the public prosecutor/opposite counsel of the wife with regard to that evidence.

prabhakar advocate (advocate)     17 February 2016

With respect, I differ the above proposition.  Questions can be put under Section 313 cr.p.c. only by the Magistrate and not P.P./A.P.P.  The provision uses the word "court", which means magistrate.  If in any court A.P.P./P.P. is putting posers to the accused, that is grave irregularity.

Vijay Raj Mahajan (Advocate)     17 February 2016

You are right the duty is of the magistrate to put questions u/s313 Cr.P.C but what is usually seen in most courts where the magistrate is pre-occupied in other work and has large number of pending cases, he/she takes the help of A.P.P/P.P. for the job, now it may be irregularity, but all goes in Indian court as we see the purpose is to dispose of the pending cases at the earliest.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register