Power to examine the accused :
Section – 313 . (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court—
| (a) | Â | may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary; |
| (b) | Â | shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case : |
Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.]
COMMENTS
GENERAL
“In every inquiry or trial” – Connotation of – In sub-section (1) of section 313, the words “in every inquiry or trial” have been inserted at the beginning to make it clear that (i) the provisions of the section apply to all inquiries and trials; (ii) in summons cases where the personal attendance of the accused has been dispensed with, the Court has Power to dispense with his examination; and (iii) in other cases, even where his personal attendance has been dispensed with, the accused has to be examined personally. The words “the court may draw such inference from such answers as it thinks just” have been omitted from old sub-section (2), as this aspect of the matter is now covered by sub-section (3).
Examination of accused when dispensed with – Examination of accused is a must except where the accused is tried in a summons case and his personal attendance is dispensed with for which the court is empowered—Raja Dhanrajgirji Chela v. Dherwanir [1975] 2 AP LJ 217.