Section 313 of Cr.P.C.

Circumstances not put to the accused u/s 313 of Cr.P.C. cannot be used against him.

While deciding CRIMINAL APPEAL NOs. 1693-1694 OF 2005 [State of U.P. Versus Mohd Iqram & Anr.] the honourable Supreme Court of India has underlined mandatory nature of provisions of S.313 of the Criminal Procedure Code, which offers opportunity to the accused to explain incriminating circumstances and evidence against him.


These observations are made while reversing a judgment of acquittal of the accused, acquitted by the First Appellate Court by setting aside initial order of conviction. The initial conviction was set aside by the First Appellate Court by observing that, in the opinion of the First Appellate Court, the murder, subject matter of the prosecution was committed by the husband of the deceased after committing rape on her. The learned trial Court had acquitted the husband and convicted other accused, who were caught in suspicious circumstances.

While reassessing the evidence, the honourable Supreme Court, has found that, the observations of the learned First appellate court against the acquitted husband of the deceased were not only unwarranted but not permissible in absence of any opportunity to him to explain the suggestions reflected from the opinion of the learned First appellate court.

The honourable Apex Court has also found that, the accused, who were convicted by the learned trial court, though were offered opportunity to explain incriminating circumstances against them, had failed to explain the same and were rightly convicted by the learned trial court and were wrongly acquitted by the learned first appellate court.

Para 13 of the judgment, which underlines the importance of provisions of section 313 of the Cr.P.C. reads as under,

13. No matter how weak or scanty the prosecution evidence is in regard to certain incriminating material, it is the duty of the Court to examine the accused and seek his explanation on incriminating material that has surfaced against him. Section 313 Cr.P.C. is based on the fundamental principle of fairness. The attention of the accused must specifically be brought to inculpatory pieces of evidence to give him an opportunity to offer an explanation if he chooses to do so.

Therefore, the court is under a legal obligation to put the incriminating circumstances before the accused and solicit his response. This provision is mandatory in nature and casts an imperative duty on the court and confers a corresponding right on the accused to have an opportunity to offer an explanation for such incriminatory material appearing against him. Circumstances which were 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. (Vide: 13 Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622; State of Maharashtra v. Sukhdeo Singh & Anr., AIR 1992 SC 2100; and Paramjeet Singh @ Pamma v. State of Uttarakhand, AIR 2011 SC 200)