Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow

[13 October 2021]
The Karnataka High Court issued guidelines to be followed by trial court judges while examining the accused and recording his statement under Section 313 of the Criminal Procedure Code (CrPC). Justice Sreenivas Harish Kumar said, “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 court added, “The questions must be simple and specific to the evidence against the accused. A long string of questions couched in complex sentences must be avoided. Several distinct matters should not be rolled up, every question must cover distinct incriminatory evidence. While questioning the accused, not only the incriminatory oral evidence but also the documents and the material objects indicating adverse evidence should be brought to the notice of the accused.”