Is it legal to request re-recording Section 313 proceedings in 498A?

Advocate Ayantika Mondal Answered: 29 Nov 2024

In a 498A case, it is normally not legally permissible for the complainant to seek the re-recording of the Section 313 proceedings on the final argument stage for this would be prejudicial to the progress of the trial. You can always argue that the trial should move to final arguments without more delay and that the complainant had all the opportunity in the world to present all of her evidence earlier. Also, you may highlight the absence of prejudice to the complainant since reopening of proceedings for evidence that has gone amiss would only protract the case. Finally, highlight judicial efficiency as courts desire speedy resolutions, and permitting such applications is at odds with the cause of justice to the accused.

Advocate A M Iktear Uddin (anik) Answered: 28 Nov 2024

Under Section 313 of the CrPC, 1973, the accused is examined to explain circumstances in evidence against them. Section 313 proceedings can rarely be re-recorded at the final argument stage except on the basis of establishing substantial prejudice to the case of the complainant. Oppose it with the argument that the complainant had enough opportunity in the course of the trial to put before the court all evidence and that re-examination would violate the principle of speedy trial under Article 21 of the Constitution. Mention precedents that Section 313 is a limited section and pray for dismissal of the application to prevent undue delays.

Advocate By LEAD INDIA Answered: 28 Nov 2024

Sir, as per Section 313 of the CrPC, 1973  is a stage where the court directly questions the accused to allow them to explain any evidence against them. This is done in a question-answer format, not under oath, and is not used as evidence. For further legal assistance contact us on our helpline number.