Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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bhanudassss (service)     16 June 2010

written statement in criminal proceeding

Please let me know the procedure and provision regulating "written statement" in criminal proceeding. Can it be amended?



Learning

 24 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     16 June 2010

NOPE  .it ca't be

regading criminal proceedings prosecution has to prove the case the accuseed neednot file any ststment.in quasu criminal case the accused/respondent filing counter(maintainance cases)

kranthi (retainer advocate)     16 June 2010

in criminal case there is no written statement

Ravikant Soni (LAWYER IN JAIPUR)     16 June 2010

I disagree with all repliers.

According Criminal procedure code in Session trial cases a written statement may be filed by accused.

 

Cr.P.C. Sec.233. Entering upon defence.- 

(1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

Now in latest amendments in Cr.P.C. Provide accused to file written statement u/s 313 in each and every case: Sec. 313 (5) says: The court may take help of Procecutor and Defence Counsel in preparing relevant Question 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...

Thus written statement may be filed by the accused. I think bhanudasss has served for his query. 

you may contact on my mobile for more details. 

Mb: +91 9414400250

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 June 2010

I also disagree with the above views. The petition under section 125 Cr.p.c. is also covered under criminal cases.

bhupender sharma (head)     17 June 2010

125 Cr.P.C is quasi criminal in nature, there fore it is filed.

G. ARAVINTHAN (Legal Consultant / Solicitor)     17 June 2010

in summons cases, the accused/respondent can file Counter statement

In warrant cases, no need for any statement filed by respondents

Ayub S. Pathan (Legal Adviser)     18 June 2010

Bhaaaanudaaas,

I agree with the views expressed by Mr. Ravikant Soni. He has given the correct position of Law. Refer

Sec.233 & sec.313(5) of Cr.P.C.

Thanks

Ayub S. Pathan, Legal Adviser, Mah. State.CID, Pune

1 Like

SANJEEV KUMAR (STUDENT)     19 June 2010

for detailed discussion on sec 313(5) Pls see post

 Criminal Law > Sec 313 and CrPC Amdt Act 2008

I further add that in newly inserted section 313(5) it has been said that  the court may permit filing of Written statement by the accused as sufficient compliance of this section...

So there is no requirement of personal presence of accused while submitting the written statement. It can be submitted through counsel .

sanjeev

SANJEEV KUMAR (STUDENT)     19 June 2010

Mr SKJ

What you are saying is oneside. You have assumed that complainant is an most honest person and accused is the most dreadful person.

Why you have assumed that prosecution is a true case?

Do not you think many false cases are filed in our courts and prosecution just drag the case on one pretext or another?

Do not you think accused also holds some rights of defence?

Sec 313(5) give answers to all these questions.

I have researched why Sec 313(5) has been introduced. I you demand I can send that collection.

Some times Prosecution becomes PERSECUTION.

sanjeev 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 June 2010

Dear student real court room action is defferent than theory.

SANJEEV KUMAR (STUDENT)     19 June 2010

Dear Sir

Theory leads to practice only. What I am writing is reality.

sanjeev

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 June 2010

Classic example of Defference in theory AND practice  is section 125 of Cr P C. The law says that

a) the person should havesufficient means and b) complaining spouse should not be able to maintain herself than  ONLY court should grant maintainance.

But in practice courts have given judgments that  BEG BORROW OR STEEL but pay maintanance.

 THIS IS THE DEFFERENCE BETWEEN THEORY AND PRACTICE.

THIS SITE IF FULL OF STORIES OF VICTIMS OF ABOVE PROVISIONS, DO SOME RESEARCH ON THIS .

Ravikant Soni (LAWYER IN JAIPUR)     20 June 2010

I agree with learned friend Mr Shashikumar. This is a theoretical aspect that the prosecution has to prove his case beyond doubt. But it is not always correct. Some times evidence law gives Complainant the benefit of presumption as well as where the cross examination is poor of the case of prosecution is yet to be demolished then the accused need to show the court some apparent, possible or plausible excuse/ defense. Then we need of written statement.

So never discard the significance of WS in Criminal cases as well.

SANJEEV KUMAR (STUDENT)     20 June 2010

Sh. Shashi Ji

Rights and responsibilities should go hand in hand. One should think before marrying whether he is able to maintain the wife. After enjoying the marriage life how one can refuse to maintain his wife? if one can not maintain wife then why to have children? before having children one should also undertake to take responsibility for bringing them up.

If husband says he is unable to maintain his wife/children then why he married and why he had children?

this world is full of opportunities? even labour class person maintains his wife/children?

Should the husband escape the responsibility by simply saying he is unemployed/or no means?

I fully support the sec 125 that what ever do but maintain family.

Just understand the truma the wife and children suffer due to negligent attitude of husband.

sanjeev


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