Essentially purpose of S. 313 CrPC is codified principle
of natural justice, an opportunity to give his explanation regarding the
incriminating evidence against him and an opportunity to plead his defence if
he so desires. It is not evidence under S. 3 of Evidence Act since it is not
taken on oath. It is a statutory obligation on the court to put before the
accused material evidence against him produced by the prosecution. Accused has
a duty to explain to the court under S. 313 CrPC in respect of the
incriminating evidence against him. Existence of evidence or circumstance in
the prosecution evidence implicating the accused with the commission of the
crime he is charged with is pre-requisite for invoking S. 313 CrPC. Statement
under this section is not substantive piece of evidence; it merely aids the
court to accept or reject the prosecution evidence.
Raj Kumar Singh @ Raju @ Batya vs State Of
Rajasthan
25. In a
criminal trial, the purpose of examining the accused person under Section 313 Cr.P.C.,
is to meet the requirement of the principles of natural justice i.e. audi
alterum partem. This means that the accused may be asked to furnish some
explanation as regards the incriminating circumstances associated with him, and
the court must take note of such explanation. In a case of circumstantial
evidence, the same is essential to decide whether or not the chain of
circumstances is complete. No matter how weak the evidence of the prosecution
may be, it is the duty of the court to examine the accused, and to seek his
explanation as regards the incriminating material that has surfaced against
him. The circumstances which are not put to the accused in his examination under Section 313 Cr.P.C.,
cannot be used against him and have to be excluded from consideration.
In State of Maharashtra v. Sukhdev
Singh, AIR 1992 SC 2100, Supreme Court said “…if there is no
evidence or circumstance appearing in the prosecution evidence implicating the
accused with the commission of the crime with which he is charged, there is
nothing for the accused to explain and hence his examination under Section 313 of the
Code would be wholly unnecessary and improper. In such a situation the accused
cannot be questioned and his answers cannot be used to supply the gaps left by
witnesses in their evidence.”
In Mohan Singh v. Prem Singh &
Anr., AIR 2002 SC 3582, Supreme Court said “The statement of the
accused under Section 313 CrPC
is not a substantive piece of evidence. It can be used for appreciating
evidence led by the prosecution to accept or reject it. It is, however, not a
substitute for the evidence of the prosecution. If the exculpatory part of his
statement is found to be false and the evidence led by the prosecution is
reliable, the inculpatory part of his statement can be taken aid of to lend
assurance to the evidence of the prosecution. If the prosecution evidence does
not inspire confidence to sustain the conviction of the accused, the
inculpatory part of his statement under Section 313 CrPC
cannot be made the sole basis of his conviction.”
In Dehal Singh v. State of H.P.,
AIR 2010 SC 3594, Supreme Court said “Statement under Section 313 of the
Code of Criminal Procedure is taken into consideration to appreciate the
truthfulness or otherwise of the case of the prosecution and it is not an
evidence. Statement of an accused under Section 313 of the
Code of Criminal Procedure is recorded without administering oath and,
therefore, the said statement cannot be treated as evidence within the meaning
of Section 3 of the
Evidence Act. The appellants have not chosen to examine any other witness to
?support this plea and in case none was available they were free to examine
themselves in terms of Section 315 of
the Code of Criminal Procedure which, inter- alia, provides that a person
accused of an offence is a competent witness of the defence and may give
evidence on oath in disproof of the charges. There is reason not to treat the
statement under Section 313 of
the Code of Criminal Procedure as evidence as the accused cannot be cross-
examined with reference to those statements. However, when an accused appears
as a witness in defence to disprove the charge, his version can be tested by
his cross-examination.”
In State of M.P. v. Ramesh,
(2011) 4 SCC 786, Supreme Court said “The statement of the accused made under Section 313 CrPC can
be taken into consideration to appreciate the truthfulness or otherwise of the
prosecution case. However, as such a statement is not recorded after
administration of oath and the accused cannot be cross-examined. his statement
so recorded under Section 313 CrPC
cannot be treated to be evidence within the meaning of Section 3 of the Evidence
Act. 1872. Section 315 CrPC
enables an accused to give evidence on his own behalf to disprove the charges
made against him. However, for such a course, the accused has to offer in
writing to give his evidence in defence. Thus, the accused becomes ready to
enter into the witness box, to take oath and to be cross-examined on behalf of
the prosecution and/or of the accomplice, if it is so required.”
In Rafiq Ahmed @ Rafi v. State of U.P.,
AIR 2011 SC 3114, Supreme Court said “It is true that the statement under Section 313 CrPC
cannot be the sole basis for conviction of the accused but certainly it can be
a relevant consideration for the courts to examine, particularly when the
prosecution has otherwise been able to establish the chain of events….”
In Dharnidhar v. State of U.P. &
Ors., (2010) 7 SCC 759, Supreme Court said “The proper methodology
to be adopted by the Court while recording the statement of the accused under Section 313 CrPC is
to invite the attention of the accused to the circumstances and substantial
evidence in relation to the offence, for which he has been charged and invite
his explanation. In other words, it provides an opportunity to an accused to
state before the court as to what is the truth and what is his defence, in
accordance with law. It was for the accused to avail that opportunity and if he
fails to do so then it is for the court to examine the case of the prosecution
on its evidence with reference to the statement made by the accused under Section 313 CrPC.”
In Ramnaresh & Ors. v. State of
Chhattisgarh, AIR 2012 SC 1357, Supreme Court said “It is a settled
principle of law that the obligation to put material evidence to the accused
under Section 313 CrPC
is upon the court. One of the main objects of recording of a statement under
this provision of CrPC is
to give an opportunity to the accused to explain the circumstances appearing
against him as well as to put forward his defence, if the accused so desires.
But once he does not avail this opportunity, then consequences in law must
follow. Where the accused takes benefit of this opportunity, then his statement
made under Section 313 CrPC,
insofar as it supports the case of the prosecution, can be used against him for
rendering conviction. Even under the latter, he faces the consequences in law.”
In Munish Mubar v. State of Haryana,
AIR 2013 SC 912,Supreme Court held, that the accused has a duty to furnish an
explanation in his statement under Section 313 Cr.P.C.
as regards any incriminating material that has been produced against him. Such
a view was taken in light of the fact that there existed evidence to show that
the accused had parked his car at the Delhi Airport, and that the same had
remained there for several hours on the date of commission of the crime in
question. Thus, in light of the fact that such a fact had been established, and
that such circumstances also simultaneously existed, the accused was expected
to explain the reason for which he had gone to the airport, and why the car had
remained parked there for several hours.
In
Ramnaresh (Supra), Supreme Court took the view that if an accused is given the
freedom to remain silent during the investigation, as well as before the Court,
then the accused may choose to maintain silence or even remain in complete
denial, even at the time when his statement under Section 313 Cr.P.C.
is being recorded. However, in such an event, the Court would be entitled to
draw an inference, including such adverse inference against the accused, as may
be permissible in accordance with law. While such an observation has been made,
this part of the judgment must be read alongwith the subsequent observation of
the court stating that if he keeps silent or furnishes an explanation, in both
cases, the same can be used against him for rendering a conviction, in so far
as it supports the case of the prosecution.
In Brajendrasingh v. State of M.P.,
AIR 2012 SC 1552, Supreme Court held, that it is equally true that a statement
under Section 313 Cr.P.C.,
simpliciter cannot normally be made the basis for convicting the accused. But
where the statement of the accused under Section 313 Cr.P.C.
is in line with the case of the prosecution, then the heavy onus of providing
adequate proof on the prosecution, that is placed is to some extent, reduced.