Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Non-compliance of mandatory provisions of s.313 Section 313 CrPC examination of accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.313 - Non-compliance of mandatory provisions of s.313 whether vitiative of trial and conviction of the appellant - Held: The provisions of s.313 are mandatory and cast a duty on the court to afford an opportunity to the accused to explain each and every circumstance and incriminating evidence against him - The examination of accused u/ s.313(1)(b) is not a mere formality- s.313 merely prescribes a procedural safeguard for an accused - Objection as to s.313 statement should be taken at the earliest stage - Any omission on the part of the Court to question the accused on any incriminating circumstance would however not ipso facto vitiate the trial unless some material prejudice is shown to have been caused to the accused - Insofar as non-compliance of mandatory provisions of s.313, it is an error essentially committed by the Sessions Judge - Since justice suffers in the hands of the Court, the same can be corrected F or rectified in the appeal. s. 386 - Power of appellate court - Scope of - Discussed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 770 |
Petitioner | Nar Singh |
Respondent | State Of Haryana |
SCR | [2014] 12 S.C.R. 218 |
Judgement Date | 2014-11-11 |
Case Number | 2388 |
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