An Examination Of Treatment Of Section 313 Of Criminal Procedure Code At Trial Courts: Issues And Concerns
Ms. Suma Suresh Kogilgeri, Assistant Professor, Shri Dharmasthala Manjunatheshwara Law College, Centre for Post Graduate Studies and Research in Law, Mangaluru
Abstract
One of the most valuable right given to the accused during the trial is, right to hear him after the completion of prosecution evidence. Section 313 of Criminal Procedure Code prescribes the procedural safeguard for an accused who is facing the trial. No doubt, right to fair trial is implicit in Article 21 of the Constitution of India. Hence, section 313 imposes an obligation on the part of the Court to question the accused with respect to incriminating circumstances against him in the prosecution evidence and record his statement to that effect. Ironically, it is taken up lightly or considered as mere formality at the trial courts. Recently, in Satbir Singh and another v. State of Haryana Hon’ble Supreme Court expressed concern over the way section 313 is treated by the trial courts. Considering its significance in ensuring fair trial and dispensing fair justice, the author tries to explore the various dimensions of this provisions.
Keywords: Right, Accused, Trial, Evidence, Prosecution.
Assistant Professor, Shri Dharmasthala Manjunatheshwara Law College, Centre for Post Graduate Studies and Research in Law, Mangaluru.
