Legal provisions involved: Section 313 of CrPC

Judgment by: The Supreme Court

Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Facts

Three people were convicted in a murder case, but they were not asked about all the allegations against them during their examination under Section 313 CrPC Their answers were repetitive and generic, showing that they were not properly confronted. The prosecution also failed to point out these mistakes to the trial court or help in framing proper questions. The accused appealed against their convictions on these grounds.

Key legal provisions

• Section 313, CrPC – Examination of the accused (now replaced by Section 351 of BNSS, 2023)
• Duties of Public Prosecutor

Issues raised

Whether not questioning the accused on all allegations and the prosecutor’s failure to assist the court amounts to a serious procedural lapse that affects the fairness of the trial?

Arguments of the case

The accused argued that the trial was unfair because they were not given a proper chance to respond to all allegations. The prosecution said the trial followed normal procedures.

Judgement 

The Apex Court held that not confronting the accused with all allegations was a serious procedural error and set aside the convictions. The case was sent back for proper Section 313 examination, emphasizing that prosecutors must act independently and assist the court to ensure a fair trial.

Click here to VIEW the full judgement