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Evidence Act,  S. 113-B

CrPC, S. 313 - It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense

Dowry death - Shall be deemed to have caused her death

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CrPC, S. 232 – Such discretion must be utilized by the Trial Courts as an obligation of best efforts

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Criminal Procedure Code, 1973 (II of 1974),  Section 233

  Section 232, CrPC provides that, “If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal”. Such discretion must be utilized by the Trial Courts as an obligation of best efforts – Once the Trial Court after recordning statement under section 313, CrPC decides that the accused is not eligible to be acquitted as per the provisions of Section 232, CrPC, it must move on and fix hearings specifically for ‘defence evidence’, calling upon the accused to present his defense as per the procedure provided under Section 233, CrPC, which is also an invaluable right provided to the accused.

Satbir Singh v. State of Haryana – 2021 SCeJ 900

Tags: CRPC S. 232CRPC S. 233CrPC S. 313

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