CrPC Section 313 — Power to examine the accused

Summary

Sub-section (1) allows the Court, in every inquiry or trial, to question the accused personally so the accused can explain circumstances in the evidence that appear against them. Under clause (a), the Court may ask questions it considers necessary at any stage, without first warning the accused. Under clause (b), after the prosecution witnesses have been examined and before the accused is called on to present a defence, the Court must question the accused generally about the case. The proviso says that in a summons-case, if the Court has excused the accused from attending personally, it may also excuse the accused from being examined under clause (b).

Sub-section (2) says the accused must not be placed under oath when examined under sub-section (1).

Sub-section (3) says the accused cannot be punished for refusing to answer these questions or for giving false answers.

Sub-section (4) says the accused’s answers may be considered in the inquiry or trial. They may also be introduced as evidence for or against the accused in another inquiry or trial for a different offence that the answers may tend to show the accused committed.

Sub-section (5) allows the Court to get help from the Prosecutor and Defence Counsel to prepare relevant questions for the accused. The Court may also allow the accused to file a written statement as sufficient compliance with this section.

Official Text

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court—

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. 2[

(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions 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.]

Related Judgments

• KALICHARAN & ORS vs STATE OF UTTAR PRADESH — Supreme Court of India (2022)
• RAJ KUMAR SINGH @ RAJU @ BATYA vs STATE OF RAJASTHAN — Supreme Court of India (2013)
• ASHOK vs STATE OF UTTAR PRADESH — Supreme Court of India (2024)
• DHARAMPAL SINGH vs STATE OF PUNJAB — Supreme Court of India (2010)
• SANTOSH KUMAR SINGH vs STATE THR. CBI — Supreme Court of India (2010)
• TGN KUMAR vs STATE OF KERALA AND ORS — Supreme Court of India (2011)

Old <-> New Code Mapping

• BNSS §351 — Power to examine accused