cpc

guidelines for 313


please tell the guidelines for false 313 fir
 
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Lawyer in Hyderabad.wats app no.9989324294

In the case of Sanatan Naskar & Anr. v. West Bengal, the scope and objective of Section 313 of the code was laid down as:

  1. To establish a direct dialogue between the accused and the court: by putting all pieces of incriminating evidence against the accused before him and providing a platform for the accused to provide an explanation.
  2. To test the veracity of the Prosecution’s case: The examination of the accused is not a mere procedural formality but is important to check the acceptability of the prosecution’s case so established before the court.

Section 313, Cr.PC provides wide scope by accepting information from the accused’s side after presenting all evidence of the prosecution proving incrimination of the said person accordingly. (Sanatan Naskar & Anr. v. State of West Bengal; AIR 2010 SC 3507)

 
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