Section 313 CrPC Not Empty Formality, Circumstances Must Be Explained To Accused : Supreme Court

The Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence against him.

"If the accused is not explained the important circumstances appearing against him in the evidence on which his conviction is sought to be based, the accused will not be in a position to explain the said circumstances brought on record against him. He will not be able to properly defend himself.", the bench of Justices Sanjay Kishan Kaul and Abhay S. Oka said.

The court observed thus while allowing an appeal filed by murder accused in which he contended that there was an omission to frame a proper charge in accordance with Section 213 of the Code of Criminal Procedure, and that there was a failure of the Trial Judge to put material circumstances brought on record in the prosecution evidence to the accused in their statements under Section 313 of CrPC. 

The bench noted that in this case evidence is that accused committed the murder of the deceased by using sharp weapons in their hand, but there is no charge framed against them alleging that they murdered him. It was necessary to frame a charge in terms of Section 213 by stating the manner of committing the offence of murder by accused, the court said.

"When the Court of appeal is called upon to decide whether any failure of justice has been occasioned due to omission to frame a charge or error in the charge, the Court is duty bound to examine the entire record of the trial including all exhibited documents, depositions and the statements of the accused recorded under Section 313", the bench  added.

Further, the court noted that in this case material circumstance brought on record against the accused in the evidence that the deceased died due to injuries caused by the attack made by them was never put to the accused.

"Questioning an accused under Section 313 CrPC is not an empty formality. The requirement of Section 313 CrPC is that the accused must be explained the circumstances appearing in the evidence against him so that accused can offer an explanation. After an accused is questioned under Section 313 CrPC, he is entitled to take a call on the question of examining defence witnesses and leading other evidence. If the accused is not explained the important circumstances appearing against him in the evidence on which his conviction is sought to be based, the accused will not be in a position to explain the said circumstances brought on record against him", the bench said.

The court thus found that by reason of omission to frame a proper charge in terms of Section 213 of CrPC, and by reason of not putting important circumstances appearing in the evidence in the statement under Section 313 caused serious prejudice to the accused. The court then proceeded to allow the appeal and acquit the accused.

Case details

Kalicharan vs State of Uttar Pradesh | 2022 LiveLaw (SC) 1027 | CrA 122 OF 2021 | 14 December 2022 | Justices Sanjay Kishan Kaul and Abhay S. Oka 

For Appellant(s) Mr. Rajesh Prasad Singh, AOR Mr. Rakesh K. Khanna, Adv. Ms. Shefali Jain, Adv. Mr. Samant Singh, Adv. Mr. Aditya Pushkal Khanna, Adv. Ms. Ramya Khanna, Adv. Mr. Preeja Nair, Adv. Mr. Rajeev Singh, AOR

For Respondent(s) Mr. Vinod Diwakar, AAG Mr. Sarvesh Singh Baghel, AOR Mr. B.N. Dubey, Adv

Headnotes

Code of Criminal Procedure, 1973 ; Section 313 - Questioning an accused under Section 313 CrPC is not an empty formality - Accused must be explained the circumstances appearing in the evidence against him so that accused can offer an explanation. After an accused is questioned under Section 313 CrPC, he is entitled to take a call on the question of examining defence witnesses and leading other evidence. If the accused is not explained the important circumstances appearing against him in the evidence on which his conviction is sought to be based, the accused will not be in a position to explain the said circumstances brought on record against him (Para 22)

Code of Criminal Procedure, 1973 ; Sections 215 and 464 - When the Court of appeal is called upon to decide whether any failure of justice has been occasioned due to omission to frame a charge or error in the charge, the Court is duty bound to examine the entire record of the trial including all exhibited documents, depositions and the statements of the accused recorded under Section 313. (Para 20)

Code of Criminal Procedure, 1973 ; Chapter XVII - Objects of provisions regarding framing of charge - To make the accused aware of the accusations against him on the basis of which the prosecution is seeking to convict him - Accused should be in a position to  effectively defend himself. An accused can properly defend himself provided he is clearly informed about the nature of the allegations against him before the actual trial starts. (Para 16-17)

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