Statements recorded under Section 313 CrPC are not a mere procedural formality – SC – LexForti Legal News & Journal
The Apex Court, when delivering the verdict, expressed concern about the statements recorded in Section 313 of the CrPC and stated that they should not be treated casually or superficially.
The Bank, comprised of the Chief Justice of India, found that Section 313 review of defendants is not a mere procedural formality, but rather follows the principle of fairness and the court will exercise due care and caution in examining defendants and recording testimony should.
The board found that the court of first instance has an obligation to perform its duty effectively and investigate the accused fairly while incorporating Section 313 of the CrPC.
In the present case, the bank heard an appeal from the defendants convicted under Sections 304B and 306 of India’s Criminal Code. The applicants had been found guilty by the regional court and sentenced to seven and five years of rigorous imprisonment, respectively. The top court upheld the district court’s judgment.
The bank expressed concern about the casual conduct of courts in investigating defendants, noting that Section 313 embodies the valuable principle of audi alteram partem and therefore should be given the defendant the opportunity to explain the incriminating material that was against showed up.
The bank also discussed Section 232 of the CrPC, noting that in taking evidence presented by prosecutors, investigating the accused and hearing the prosecutor, and defending the defense, the judge believes that there is insufficient evidence to determine the guilt of the To substantiate the accused, the judge is required to issue an acquittal order.
The above remarks were made by the Supreme Court in the case of Satbir Singh versus Haryana State.