- Under section 313 of Crpc, purpose of examination of accused is to enable the accused personally to explain any circumstances appearing in the evidence against him.
- When examined under section 313, Crpc, a circumstance incriminating the accused is not put to the accused for his explanation. The said circumstance cannot be used against the accused because it is inadmissible in evidence, it becomes irrelevant for purpose of evidence and law mandates that it cannot be taken into consideration.
- Under section 313 of Crpc, the statement of the accused is not on oath.
- Under section 313 of Crpc, there is a Direct Dialogue between the court and the accused.
- By virtue of section 313(5) of Crpc, the examination of accused under section 313 can be both oral as well as written.
- The evidentiary value of statements of accused under section 313 Crpc is merely indicative in nature.
- Any Irregularity in the examination of section 313 of Crpc is a curable irregularity under section 465 Crpc.
- In Dharampal Singh vs State of Punjab, it was held that in examination of section 313, the court will put only those facts which are adverse to the accused and it shall put the facts and not the inference that that court has drawn upon those facts.
- If the accused has not been allowed an opportunity under section 313 with respect to some facts, then he may oppose the admissibility of those facts against him on the grounds of violation of principles of Natural Justice.
- In Basva Raj R Patil vs State of Karnataka it was held that even in the cases which do not fall under the provisio, the examination of section 313 can be dispensed with but not in totality ie., if it is found that personal examination of the accused would cause him irreparable losses and the accused states that he doesn’t have material explanation to the prosecution evidence then the court may conduct the examination in writing.
- In 2009, 313(5) was added in Crpc.
- Any party to a proceeding may after the close of his evidence, address concise oral arguments, and may, before he concluded the oral arguments, if any, submit a memorandum to the court setting forth concisely the arguments in his support. (Sec 314)
- Section 315 of the Crpc relate to the accused person as competent witness.
- Under section 315, an accused shall be called as a witness only upon his own request in writing.
- The failure of accused to give evidence shall neither be subject to any comment by parties or court nor shall give rise to any presumption against himself or any other person facing charges along with him at the same trial. (Sec 315)
- As per section 316 of Crpc, no influence by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.
- At any stage of an inquiry or trial, if the Magistrate or Judge is satisfied for reasons to be recorded, that the personal attendance of the accused before the court is not necessary in the interests of justice, or that accused persistently disturbs the proceedings in court. The court may, if he is represented by a pleader, dispense with his attendance. (Sec 317)
- If the accused is unable to understand the proceedings and such proceedings results into conviction of the accused, then the proceedings shall be forwarded to the High Court with a report of the circumstances, and it shall then pass thereon such orders as it thinks fit. (Sec 318)
- The power to proceed against other persons appearing to be guilty of offence is provided under section 319.
- The power of Additional prosecution has been provided under section 319 Crpc.
- The Court of Sessions can take direct cognizance of Additional prosecution under section 319 of Crpc.
- Power under section 319 of Crpc can be exercised by a Magistrate and the Court of Sessions both only after the recording of evidence during the inquiry or trial.
- Section 320 provides for compounding of offences.
- Compounding under section 320 is allowed of such offences which are more personal kinds of wrong.
- As per Section 320(8), compounding of offence shall have the effect of acquittal of the accused with whom the offence has been compounded.
- Section 320(9) provides that no offence shall be compounded except as provided under section 320.
- In Venkat and others vs. State of Maharashtra, it was held that if any compounding has been allowed by the court beyond section 320 then that will be considered to be a bad law and need not be followed.
- In Hasi Mohan Burman vs State of Assam and another, it was held that if the offence does not fall within section 320 then compounding cannot be allowed but if the parties have compromised then the minimization of sentence can be done.
- Compounding under section 329 of Crpc is similar to order 23 rule 3 of CPC.
- Guardian requires the permission of the court for the compounding of offences.
- Where the victim is dead then his LRs can compound the matter with the permission of the court.
- Where an offence is compoundable under section 320 of Crpc, then the abetment of such offence or an attempt to commit such offence will also be compoundable in the like manner.
- Offences in which compromise can be arrived at between the parties are called compoundable offences.
- Offence under section 307 of IPC is not compoundable under section 320 Crpc.
- Offences under section 353 of IPC are not compoundable under section 320 Crpc.
- Offence under section 388 of IPC is not compoundable under section 320 Crpc.
- Where the accused has been committed for trial or whether he has been convicted and an appeal is pending, no composition of the offence shall be allowed except with the leave of the court to which he is committed.
- High Court or Court of Session acting in the exercise of its powers of Revision under section 401 may allow any person to compound any offence which such person is competent to compound.
- Offence shall not be compounded if the accused is by reason of a previous conviction liable to enhanced punishment or punishment of different king of such offence.
- Section 321 talks about withdrawal from prosecution.
- The public prosecutor or assistant public prosecutor in charge of a case may, with the consent of the court, at any time before the judgment is pronounced withdraw from the prosecution. (Sec 321)
