Sections 313 and 314 CrPC: Examination of Accused, Oral Arguments and Memorandum of Arguments
Sections 313 and 314 of the Code of Criminal Procedure, 1973 formed part of the general provisions governing inquiries and trials. Section 313 dealt with the Court's power and duty to examine the accused about incriminating circumstances appearing in the evidence, while Section 314 dealt with concise oral arguments and a written memorandum of arguments.
Section 313 CrPC - Power to examine the accused
Definition and scope: Section 313 enabled the Court, in every inquiry or trial, to put questions to the accused so that the accused could personally explain circumstances appearing in the evidence against him. The provision combined a discretionary power at any stage with a mandatory general examination after prosecution witnesses had been examined and before the accused was called upon to enter the defence.
Essential provisions of Section 313
Section 313(1)(a): The Court could, at any stage and without previously warning the accused, put such questions as it considered necessary.
Section 313(1)(b): After examination of the prosecution witnesses and before the accused was called on for the defence, the Court was required to question the accused generally on the case.
Proviso: In a summons case where personal attendance of the accused had been dispensed with, the Court could also dispense with examination under clause (b).
Section 313(2): No oath was to be administered to the accused during this examination.
Section 313(3): Refusal to answer, or giving false answers, did not by itself make the accused liable to punishment.
Section 313(4): Answers could be taken into consideration in the inquiry or trial and could also be put in evidence for or against the accused in another inquiry or trial for an offence which those answers tended to show had been committed.
Section 313(5): The Court could take the help of the Prosecutor and Defence Counsel in preparing relevant questions and could permit a written statement by the accused as sufficient compliance with the section.
Purpose and effect of Section 313 examination
The central purpose of Section 313 was procedural fairness. Material circumstances relied upon against the accused were to be brought to the accused's attention so that an explanation could be offered. The examination was not evidence on oath and the accused was not exposed to punishment merely for refusing to answer or for giving a false answer. At the same time, the statute expressly allowed the Court to take the answers into consideration.
Sub-section (5), inserted with effect from 31 December 2009, expressly allowed the Court to obtain assistance from the Prosecutor and Defence Counsel while preparing relevant questions and also allowed a written statement by the accused to be accepted as sufficient compliance.
Jharkhand State amendment
The page historically recorded the Jharkhand amendment to Section 313, under which the words permitting participation "in person or through the medium of electronic video linkage" were inserted in the State application of the provision. The amendment was made by Jharkhand Act 2 of 2016.
Section 314 CrPC - Oral arguments and memorandum of arguments
Definition and scope: Section 314 regulated the manner in which parties could address oral arguments and submit a written memorandum of arguments after the close of evidence. Its object was to facilitate concise, relevant submissions and to make any written memorandum part of the record while ensuring that the opposite party received a copy.
Essential provisions of Section 314
Section 314(1): After the close of evidence, a party could address concise oral arguments and, before concluding those arguments, submit a concise memorandum under distinct headings in support of the case. The memorandum formed part of the record.
Section 314(2): A copy of every such memorandum was to be furnished simultaneously to the opposite party.
Section 314(3): An adjournment merely for filing written arguments was not to be granted unless the Court considered it necessary and recorded reasons in writing.
Section 314(4): The Court could regulate oral arguments if it considered them not concise or not relevant.
Corresponding provisions under BNSS
| CrPC provision | Subject | BNSS provision from 1 July 2024 |
|---|---|---|
| Section 313 | Power to examine the accused | Section 351 |
| Section 314 | Oral arguments and memorandum of arguments | Section 352 |
The above cross-reference is included to help readers identify the current statutory numbering. This page remains focused on the CrPC provisions applicable before implementation of the BNSS.
Official statutory source
For the authoritative text of the Code of Criminal Procedure, 1973, see the India Code portal. Readers dealing with proceedings after commencement of the BNSS should also verify the corresponding current provisions and applicable savings or transitional provisions.