Is it legally permissible for the complainant to request a re-recording of Section 313 proceedings at final argument stage in 498A case, citing missed evidence? What legal arguments can I present to oppose this request and ensure the case progresses to final arguments without further delays?
Section 313 of Criminal Procedure Code allows the court to examine the accused after prosecution evidence has been presented. The purpose is to give the accused an opportunity to explain any incriminating material against them. The Criminal Procedure Code does not provide for a re-recording of Section 313 proceedings once they have been completed. The complainant should not be allowed to reopen this stage.
Dear Sir, It is the bounden duty of the presiding officer to prepare questions in respect of incremating evidence against the Accused. You can file an application to include more questions if missed in 313 statement. Normally, the Accused denies all such questions and either choose to lead evidence or it may be posted for final arguments. You may concentrate on convincing the Court to convict the Accused instead of concentrating on the questions in 313 Statement.
Dear Client, based upon your question, re-recording under section 313 of Cr.P.C at final argument stage is rare. section 313 of Cr.PC speak about examination of accused person, this examination done during inquiry and trial stage. re-recording at final argument stage may happen if there is any failure of prejudice and end of justice. generally it is not permissible. Hope this answer help you. For detail discussion feel free to contact.
Dear Client, based on your question, section 313 of Cr.P.C states the examination of accused person. this section gives opportunity to accused person to explain from any false incriminating evidence if lies against him. re-examination under section 313 of Cr.P.C only allows by the court if it is end of justice. It is discretion power of the court whether the court allows re-examination section 313 at final argument or not. However, it is rare that re-examination allows by the court at the final argument, Hope this answer help you. For more detail discussion feel free contact us.
Once the case is listed for final argument then all case proceeding stand closed so no permission can be granted by court for rerecording of statement under 313.
