Judicial Analysis of Examination of Accused Under Section 313 and Evidentiary Value of Statements

Abstract

The principle of natural justice, known as Audi Alteram Partem, requires that a person be given a fair hearing before being convicted. Section 313 of the Criminal Procedure Code (CrPC) gives the court the authority to question the accused in order to fulfil this requirement. This means that the accused may be asked to provide an explanation of the circumstances linking them to the evidence against them, and the court must consider this explanation when making its decision. This is of great assistance to the accused, especially if he is not being represented. As also observed by Stephen, “an ignorant, uneducated man has the greatest possible difficulty in collecting his ideas and seeing the bearing of the facts alleged. He is utterly unaccustomed to sustained attention or systematic thought, and the criminal trial proceedings, which to an experienced person appear plain and simple, must be passing before the eyes and mind of the accused like a dream which he cannot grasp.” The significance of Section 313 in this situation is obvious; it mandates that the accused be questioned fairly and appropriately by the court so that the accused is made aware of the precise case that they would have to face and is given the chance to defend any points that may have been raised. This article is an attempt to shed light on the judicial significance of Section 313 CrPC and the evidentiary value of the statements recorded under this section in the current criminal justice regime.