The accused must get an opportunity to explain the circumstances of the offence.The court thus gets an alternative perspective to understand the chain of events leading to the offence.

The importance of Section 313 of the Indian Criminal Procedure Code, which allows the accused to explain any circumstances in the case. The need for the trial court to ask relevant questions and for the accused to provide truthful answers. The accused’s explanation can help the court consider different perspectives and may have a decisive impact on the final outcome.

A written statement by the accused must be considered part of the accused’s statement under Section 313, and failure to consider it can render a conviction vulnerable to interference. In this particular case, the court failed to consider the accused’s written statement, which provided both inculpatory and exculpatory evidence. The article concludes that the trial court must consider all evidence, including the accused’s statement, to determine the appropriate punishment.

PREMCHAND … APPELLANT
VS.
THE STATE OF MAHARASHTRA
…RESPONDENTS decided by the Supreme Court of India on 03.03.23

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.