Law on Statement under Section 313 CrPC

313 Statement : Hon’ble Supreme Court in Raj Kumar Singh @ Raju @ Batya v. State of Rajasthan 2013 AD (S.C.) 433 referred various judgments passed by Apex Courts in para no. 30, 31 & 32 which are reads as:-

Statement under Section 313

In Rafiq Ahmed @ Rafi v. State of U. P. MANU/SC/0959/2011; AIR 2011 SC 3114, this Court observed as under:

“It is true that the statement under Section 313 Code of Criminal Procedure cannot be the sole basis for conviction of the accused but certainly it can be a relevant consideration for the courts to examine, particularly when the prosecution has otherwise been able to establish the chain of events.”

In Dharindhar v. State of U. P. MANU/SC/0480/2010; (2010) 7 SCC 759, this Court held:

“The proper methodology to be adopted by the Court while recording the statement of the accused under Section 313 Code of Criminal Procedure is to invite the attention of the accused to the circumstances and substantial evidence in relation to the offence, for which he has been charged and invite his explanation. In other words, it provides an opportunity to an accused to state before the Court as to what is the truth and what is his defence, in accordance with law. It was for the accused to avail that opportunity and if he fails to do do then it is for the Court to examine the case of the prosecution on its evidence with reference to the statement made by the accused under Section 313 Code of Criminal Procedure.”

In Ramnaresh and Ors. v. State of Chhattigarh MANU/SC/0163/2012: AIR 2012 SC 1357, this Court held as under:

“It is a settled principle of law that the obligation to put material evidence to the accused under Section 313 Code of Criminal Procedure is upon the court. One of the main objects of recording of a statement under this provision of Code of Criminal Procedure is to give an opportunity to the accused to explain the circumstances appearing against him as well as to put forward his defence, if the accused so desires. But once he does not avail this opportunity, then consequences in law must follow. Where the accused take benefit of this opportunity, then is statement made under Section 313 Code of Criminal Procedure, in so far as it supports the case of the prosecution, can be used against him for rendering conviction. Even under the latter, he faces the consequences in law.”

Thereafter, Hon’ble Supreme Court further held in para no. 36 as under:-

The law on the issue can be summarised to the effect that statement under Section 313 Code of Criminal Procedure is recorded to meet the requirement of the principles of natural justice as it requires that an accused may be given an opportunity to furnish explanation of the incriminating material which had come against him in the trial. However, his statement cannot be made a basis for his conviction.

His answers to the questions put to him under Section 313 Code of Criminal Procedure cannot be used to fill up the gaps left by the prosecution witnesses in their depositions. Thus, the statement of the accused is not a substantive piece of evidence and therefore, it can be used only for appreciating the evidence led by the prosecution, though it cannot be a substitute for the evidence of the prosecution. In case the prosecution’s evidence is not found sufficient to sustain conviction of the accused, the inculpatory part of his statement cannot be made the sole basis of his conviction.

Read Also : Case Laws on Section 313 Cr.P.C

The statement under Section 313 Code of Criminal Procedure is not recorded after administering oath to the accused. Therefore, it cannot be treated as an evidence within the meaning of Section 3 of the Evidence Act, though the accused has a right if he chooses to be a witness, and once he makes that option, he can be administered oath and examined as a witness in defence as required under Section 315 Code of Criminal Procedure.

An adverse inference can be taken against the accused only and only if the incriminating material stood fully established and the accused is not able to furnish an explanation for the same. However, the accused has a right to remain silent as he cannot be forced to become witness against himself.

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