A DETAILED STUDY ON THE STATEMENT OF ACCUSED UNDER CRIMINAL PROCEDURE CODE, 1973
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Abstract
The statement of the accusedi under Section 313ii of the Criminal Procedure Code, 1973. For the purpose of section 313 of the Criminal Procedure Code the term accused can be defined as a person under-trial and under-examination by the court. It does not include an accused over whom the court is exercising jurisdiction in another trial. The purpose of empowering the courts to examine the statement of the accused under Section 313 of the Criminal Procedure Code is to maintain or to fulfil the requirement of the Principle of Natural Justiceiii, which is audi alteram partem which means that no person under the law shall be left unheard. This means that the accused shall be given a chance to be heard and to explain the details of the circumstance and the court shall take the explanation into consideration. This is an essential process as this allows a direct conversation between the court and the accused so that the accused can answer to all the evidences that are put against him. The statement of the accused is of great importance and is not a mere formality. The main purpose of recording the statement of the accused is to put all the denouncing evidences in front of him which in turn provides him an opportunity to explain all the denouncing evidences against him with the prosecution. The power to question the accused is completely discretionary that is the court at any point of time may ask at its discretion during the trial or the enquiry any question to the accused. Section 313 of the Criminal Procedure Code is in the interest of the accused. There are two exceptions to this section.
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