Non-Questioning of Accused U/S.313 Bharatiya Nagarik Suraksha Sanhita 2023

Under Section 313, bharatiya nagarik suraksha sanhita 2023 is one of the most effective compulsory legal procedures that an accused person has, which helps in proving his innocence. The title of the section is “Power to Examine the Accused.” This section provides the accused the opportunity to explain any circumstances in evidence against them during the trial.

Furthermore, the accused may not be cross-examined. This is in line with natural justice concepts such as ‘Audi Alteram Partem.’ The statement of an accused under Section 313, Bharatiya Nagarik Suraksha Sanhita 2023, is recorded without any oath of the accused, so it cannot be admitted in evidence under Section 2 of The Bharatiya sakshya Adhinyam and  The importance of this section has been highlighted in recent SC Bench rulings, which have put emphasis on its proper application rather than being a mere formality for a fair trial.

Non-Questioning of Accused U/S under section 313

In the recent case Naresh Kumar vs. the State of Delhi, 2017, the SC held that if the accused was not allowed to explain the incriminating circumstances under Section 313, bharatiya nagarik suraksha sanhita 2023, it led to a miscarriage of justice. In these kinds of situations, the failure to provide an opportunity would invalidate the trial. If it prejudicially affected the accused, he would be acquitted.

The bench, comprised of Justices CT Ravikumar and Sandeep Mehta, acquitted the accused. It was stated that the court did not provide the accused with the opportunity to explain the incriminating circumstances. It also did not allow the accused to ask any questions about them.

Section 313, Bharatiya Nagarik Suraksha Sanhita 2023 is one of the most essential sections for the accused since it permits him to present his defense against the evidence given by the prosecution against him. The general rule is that if an incriminating circumstance occurs against an accused in prosecution evidence but is not presented to him, it should not be used against him and should be excluded from consideration.

In this case, the trial court failed to examine an accused against the incriminating circumstances, depriving him of a fair opportunity to explain the incriminating evidence presented against him. The accused was sentenced to life imprisonment. He was found guilty of murder, which was a miscarriage of justice caused by a trial court’s as trial court failed to comply with Section 313, Bharatiya Nagarik Suraksha Sanhita 2023.

The Court further cited its decision in Raj Kumar @ Suman v. State (NCT of Delhi) 2023, in which the Court warned trial court judges for disregarding to follow Section 351(5) of the Bharatiya Nagarik Suraksha Sanhita properly by failing to seek assistance from public prosecutors and defense counsel in preparing a question to be asked to an accused on incriminating circumstances. In Raj Kumar’s case, the Court summarised the law on the subject of the consequences of failing to examine incriminating facts in the prosecution’s evidence, as well as how to remedy the situation.

After concluding that the accused was not given an adequate opportunity to provide his version of the case under Section 313, Bharatiya Nagarik Suraksha Sanhita 2023, the Court stated that directing the trial court to record his Section 351 statement would further prejudice him because the case was 29 years old. Considering that the accused was already imprisoned for more than 12 years, the court held that the appellant should be discharged. 

The appeal was accepted, and the accused was acquitted of charges of murder.  The trial court failed to question the accused about the incriminating facts under Section 313 bharatiya nagarik suraksha sanhita 2023 

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