The privilege and duty of answering questions under Section 313 cannot be delegated to a pleader. However, the Code of Criminal Procedure (Amendment) Act, 2008 (Act of 5, 2009) has introduced changes. Subsection 5 of Section 313 now allows the accused to file their version in writing. According to this provision, the written statement submitted by the accused may be considered sufficient compliance with Section 313 of the CrPC.

When interpreting statements made by the accused under Section 342 of the CrPC, it is essential to read them as a whole. Dissecting and considering only parts of the statement, especially when those parts are interconnected, should be avoided. The answers given by the accused should be evaluated in their entirety. Truncated portions of these answers must not be used to convict the accused.

If the plea amounts to an admission of fact and raises a plea of justification, the court cannot proceed as if the admission of fact (which was not part of the prosecution case) were true. Evidence must support the plea of justification. When using an accused person's statement recorded under Section 313, it should be considered in its entirety. Courts should refrain from accepting incriminating portions while rejecting exculpatory ones.

In summary, the accused's statement can only be taken into consideration as a whole. It is improper for the court to selectively pick out incriminating parts and disregard the explanation provided by the accused. If the accused admits to an act that would otherwise be an offense, the admission cannot be divorced from the accompanying explanation.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073