Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SANJEEV KUMAR (STUDENT)     21 October 2009

STATEMENT U/S 313

WHAT SHOULD BE BROAD CONTENTS OF STATEMENT U/S 313 IN A FRIVIOUS/COUNTERBLAST CASE FILED IN UP.

SHOULD THE STATEMENT BE ONLY 2-3 LINES DENIAL OF ALL CHARGES BY THE ACCUSED OR FULL LIST OF DEFENCE POINTS OR  INACCURACIES/ MISREPRESENTIONS BY THE COMPLAINTANT

IT IS IMPORTANT TO MENTION THAT THE DEFENDENTS ARE HAVING FULL STRONG DEFENCES AND ARE ON STRONG FOOTING IN THE COURT



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 7 Replies

Arvind Singh Chauhan (advocate)     21 October 2009

I think it should be answered in precise manner. What defence you have, you can put forth in your chace of defence evidence.


(Guest)

Statement should not be 2 - 3 lines denial. Accused should explain fully especially when he has good defense. Despite explanation by the accused some of the Magistrates are reluctant to record the full explanation. Instead they record the answers in Yes or No.  In such a case the advocate of the accused should insist that Magistrate record full explanation by pointing out to the Magistrate the provisions of S.281 (2) of Cr.P.C. which says "every answer" given by accused shall be "recorded in full".

SANJEEV KUMAR (STUDENT)     30 October 2009

Res. Menon Ji

Many things depends upon the presiding officer. But Still pls tell me what should be reasonable contents of statement u/s313. in our case the clear impression in court is that the complainant has filed counter case and fictious case and incident never happened and even circumstantial evidence  or principles of natural justice state that the complaint is a fictitius one.

Pls guide me what should be the reasonable contents so that the complainant be suitable punished in court for abuse of legal process.

sanjeev 


(Guest)

Sanjeevji - i would not be able to suggest the contents for the 313 statement as I am not aware of the facts of the case against the accused.  Besides I am not aware of evidences recorded against the accused in the case.  I am also not aware of the Defense of the accused. As a general proposition in a criminal case there can be only two defenses i.e.

1. Total denial. 2. If total denial is not possible justify the facts. You claim you have a good defense in which case you justify the facts if any against you by explaning under 313 statement.  However if the prosecution has not led any facts against the accused then you do not owe any explanation at all.

I find from your query that you are loosing focus on the case against the accused as is evident from the query that you want the complainant to be punished by means of your 313 statement. It is just not possible. So at the moment forget about complainant being punished but focus on your defense and explain every thing from defense point of you in respect of facts and circumstances that are against the accused and which has emerged in the trial.

Please note I have only made general observations and the accused and his lawyer has to decide the strategy as they would be having the full facts and circumstance of the case. Thanks

SANJEEV KUMAR (STUDENT)     30 October 2009

Res. Anil Ji

Actually the case if of total denial. The complainant has filed case u/s 156(3) creatingthe totally fabricated story which if told to even a illiterate person he can say this incident is not possible.

The moot question is when 6 members of family can go a district which is 230 kms away to beat the inlaws of sister when sister is residing with her parent since last 5 years and has filed 498 a case.

sanjeev 


(Guest)

By 156(3), do you mean 156(3) of Cr.P.C? If it so, then the complaint  is at the stage of investigation, then How does question of 313 statement arise at this stage?

SANJEEV KUMAR (STUDENT)     31 October 2009

Res Menon Ji

Case has travelled from Sec.156(3) to Sec.246. Now Sec. 313 statement is to be filed

sanjeev


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