Criminal Manual 105 — EXAMINATION OF ACCUSED AND WRITTEN STATEMENT

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) Under Section 243 and Section 247 of the Criminal Procedure Code, the accused may put in a written statement which should be filed with the record. The written statement cannot, however, be allowed to take the place of the examination of the accused prescribed under clause (b) of sub-section (1) of Section 313, which is mandatory.

(2) The object of the examination of the accused under Section 313 is to enable him to explain any circumstances appearing in the evidence against him. The examination should strictly be limited to this object. The examination of the accused cannot be used for the purpose of adding to the evidence against him, and no attempt should be made to cross-examine the accused and to elicit damaging or incriminating admission. A general question, "what do you wish to say with regard to the evidence in the case" may not be regarded as sufficient compliance with law. Every circumstance which incriminates or tends to incriminate the accused and the material evidence against him should be brought to the notice of the accused and he should be asked whether he wishes to furnish any explanation in regard thereto.

(3) The accused, should, at the end of the examination, be specifically asked whether he desires to examine himself on oath as a witness and whether he wants to examine other witnesses.

(4) In order to show that the accused has been given the opportunity of giving such further explanation as he may want to make, it is desirable that the examination of the accused should conclude with a question whether he has anything else to say.

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