Supreme Court Summarizes 12 Principles Regarding Section 313 of CrPC

LI Network

Published on: November 01, 2023 at 00:07IST

The Supreme Court recently acquitted a woman who had been convicted of murder and sentenced to life imprisonment for killing her own child. The Court also addressed the requirements of Section 313 of the Code of Criminal Procedure (CrPC) concerning the statement of the accused.

The Supreme Court articulated the following principles, drawing on a substantial body of legal precedents:

1. The purpose of Section 313 is to allow the accused to explain any circumstances presented in the evidence against them.
2. It aims to establish a dialogue between the Court and the accused, serving the interests of the accused and aiding the Court in arriving at a verdict.
3. This process is not a mere procedural formality; it is rooted in the fundamental principle of natural justice, “audi alteram partem.”
4. The primary test for compliance with this Section is whether the accused had the opportunity to present their side.
5. In their statement, the accused may admit involvement, provide an alternative interpretation, or remain silent without prejudice.
6. The right to remain silent or providing false answers cannot be used against the accused.
7. This statement cannot serve as the sole basis for conviction; it is not substantive evidence but assists in evaluating the prosecution’s case.
8. The statement should be considered as a whole and not in isolation.
9. While the statement is not evidence under the Indian Evidence Act, the inculpatory aspects can support the prosecution’s case.
10. Any circumstances not presented to the accused in their statement should be excluded from consideration.
11. The Court must pose questions regarding incriminating circumstances to give the accused a chance to articulate their defense.
12. Non-compliance with Section 313 may prejudice the accused and hinder the fair decision-making process.

In the specific case, the prosecution alleged that the appellant had relations with another villager, resulting in her conceiving a child. She was accused of killing the child after giving birth and disposing of the body. The appellant admitted her pregnancy in her Section 313 statement, which led to her conviction.

The Supreme Court criticized the trial court’s approach, emphasizing that the duty to disclose information in a criminal case must not unreasonably infringe on the fundamental right to privacy.

Case Details: INDRAKUNWAR V. THE STATE OF CHHATTISGARH, CRIMINAL APPEAL No.1730 OF 2012