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What is Power to examine the accused? What is Oral arguments and memorandum of arguments? Section 313 and 314 of Code of Criminal Procedure 1973

Power to examine the accused and Oral arguments and memorandum of arguments are defined under Section 313 and 314 of CRPC 1973. Provisions under these sections are:


Section 313 of CRPC "Power to examine the accused"

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court-

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;




(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

1[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.]

Amendment of Section 313.--In Section 313 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand:-

(i) In every enquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him the Court-After the words "enabling the accused," the word "in person or through the medium of electronic video linkage" shall be inserted.

[Vide Jharkhand Act 2 of 2016, s. 4]


1. Ins. by Act 5 of 2009, s. 22 (w.e.f. 31-12-2009).


Section 314 of CRPC "Oral arguments and memorandum of arguments"

(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments; and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.

(4) The Court may, if it is of opinion that the arguments are not concise or relevant, regulate arguments.

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