Lawstreet Journal

Karnataka HC issues guidelines to be followed by trial court judges while examining accused persons and recording their statement under Section 313 of Cr.P.C

Lawstreet Journal 8 Nov 2021 5:35pm

Image courtesy: Lawstreet Journal Judiciary Karnataka HC issues guidelines to be followed by trial court judges while examining accused persons and recording their statement under Section 313 of Cr.P.C

The Karnataka High court recently issued guidelines to be followed by trial court judges while examining the accused and recording their statements under section 313 of the CrPC, as noted by Justice Sreenivas Harish Kumar. 

Section 313 of the CrPC embodies the fundamental principle of "Audi Alteram Partem." 

Brief Facts of the case:

The petitioners are accused  No.1 and 2 in a Sessions Case facing trial for the offences punishable Section 302 and 201 r/w Section 34 of the Indian Penal Code 1860 (IPC). They invoked the jurisdiction of the High Court under section 482 Cr.P.C for quashing the statements under section 313 code of Criminal Procedure 1973 (Cr.P.C) recorded by the sessions judge. 

Reasoning and decision of the court:

The court went through the questions framed by the Sessions judge and stated that the Sessions judge prepared two sets of questionnaire as there are two accused but the questions were common and they are lengthy. The questions thus framed by the Sessions Judge do not serve the intendment of Section 313 of the Code. 

"Section 313 of the Code embodies the fundamental principle of ‘Audi Alteram Partem’. Since this is the stage where the accused gets an opportunity to explain inculpatory evidence against him, the questions must be framed in such a manner as he or she understands them. The questions must be simple and specific to the evidence against the accused. A long paragraph of questions couched in complex sentences must be avoided. While questioning the accused, not… Continue Reading...


Tagged: Karnataka high court  
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