Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 is not an empty formality - After recording the entire prosecution evidence various items of evidence which had been produced by the prosecution should be put to accused in the form of question and he should be given an opportunity to give his explanation...........
Criminal Procedure Code, 1973, Section 313 -- Statement under section 313 is not evidence - It is only stand or version of accused by way of explanation when incriminating materials appearing against him are bought to his notice - No suggestion to P.W. regarding non delivery of shares - Statement u/s 313 about non delivery is of no consequence...........
Criminal Procedure Code, 1973, Section 313 -- Personal appearance - Exemption - Magistrate can exempt accused from personal appearance at the stage of his examination u/s 313 Cr.P.C. - Counsel can represent the accused and answer questions on his behalf provided accused files affidavit (i) narrating the facts, to satisfy the Court, if his real difficulties to be physically..........
Criminal Procedure Code, 1973, Section 313 -- General questioning of the accused by observing that he had heard the prosecution evidence and what he has to say about it - Amounts to non compliance of the provision of S.313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 313 -- Scope - Underlying object is to enable the accused to explain any circumstances appearing against him in the evidence and this object is based on the maxim audi alteram partem which is one of the principles of natural justice - Compliance with the provision is mandatory - Each material circumstance appearing in the evidence..........
Criminal Procedure Code, 1973, Section 439, Medical Termination of Pregnancy Act, 1971, Indian Penal Code, 1860, Section 312, 313 -- Illegally aborting a child - Accused in jail for 5 months - Bail allowed...........
Criminal Procedure Code, 1973, Section 313 -- Examination under Section 313 of the Code is not an empty formality - Purpose is to bring to the notice of the accused the materials brought on record by the prosecution to substantiate its accusations - An opportunity is granted to the accused to explain incriminating circumstances against him and have his say in the..........
Criminal Procedure Code, 1973, Section 313 -- All incriminating circumstances to be put to accused in his examination u/s 313 Cr.P.C. so that he can offer explanation in respect of same - It is duty of Public Prosecutor to ensure that all incriminating circumstances are put to accused for his explanation - Trial Court itself should go through statement u/s 161 Cr.P.C...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(1), Criminal Procedure Code, 1973, Section 313 -- Adulterated food - Report of Public Analyst not put to accused in his statement u/s 313 Cr.P.C. - Non putting of report has certainly prejudiced the defence of the petitioner - It vitiates the trial...........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 - Evidentiary value - Statement of an accused under Section 313 Cr.P.C. can be looked into by the Court and would be a relevant evidence to be taken into consideration insofar as it lends support substantially to the case of the prosecution - However, such a statement cannot itself be made the ground for..........
