Indian Penal Code, 1860 (45 of 1860), Section 304-B
Evidence Act , Section 113-B.
Criminal Procedure Code, 1973 (II of 1974), Section 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 – Examination of an accused under Section 313, CrPC cannot be treated as a mere procedural formality, as it is based on the fundamental principle of fairness – This provision incorporates the valuable principle of natural justice“ audi alteram partem”, as it enables the accused to offer an explanation for the incriminatory material appearing against him – Therefore, it imposes an obligation on the part of the Court to question the accused fairly, with care and caution – The Court must put incriminating circumstances before the accused and seek his response – A duty is also cast on the counsel of the accused to prepare his defense, since the inception of the trial, with due caution, keeping in consideration the peculiarities of Section 304-B, IPC read with Section 113-B, Evidence Act. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Evidence Act , Section 113-B.
