sec 313 of crpc
1 month ago
Can accused file documents along with statement in writing filed with sec 313 crpc? In that case will it be mandatory for him to stand as defence witness himself and mark those documents as defence exhibits? Or is it sufficient to ask court to summon other witnesses as defence witnesses based on the documents produced at sec 313 stage?
Now, in general, if accused decides to stand as defence witness himself, will help be cross examined based on the sec 313 submissions only, or a separate examination in chief has to be conducted for that accused. I know that in criminal case it is not mandatory for an accused to himself be a defence witness.
Finally, if accused is party in person, and also wants to be a defence witness himself, can his examination in chief be dispensed in lieu of sworn affidavit in chief (I understand that cross examination still happens)
The accused cannot be cross examined regarding the statements under sec 313.
Under Order VIII Rule 9, the Court has the power to call upon both parties to file written statements at any time and this power should be freely used for elucidating the pleas when necessary, especially in complicated cases. The statement of the accused can be used to test the veracity of the exculpatory of the admission, if any, made by the accused. It can be taken into consideration in any inquiry or trial but still, it is not strictly evidence in the case. No provision in the Cr.. PC grants any right to the accused to file any material or document at the stage of framing of charge. As per Sub-Sec. 5 of Sec. 313 Cr. P.C, the Court may take the help of the Prosecutor and Defence counsel in preparing relevant questions which are to be put to the accused and the Court may permit the filing of a written statement by the accused as sufficient compliance of the section.
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