Vol. 5, Issue 4 (2019)
Scope, significance and application of power to examine the accused
Author(s): Marripudi Tejaswi
Abstract: In accordance with the title of the research paper, the paper deals about the scope, significance which is nothing but importance and the application of the Section – 313 of the Code of Criminal Procedure Code of India. Section – 313 of CrPC deals about the Power of the Indian Courts to examine the accused. Such examination of the accused is considered to be the right of the accused which should not be violated at any cost i.e., at any circumstance. So, the researcher in this paper, after a lot of research mentioned about the importance of the mentioned right in the international arena also. The paper also deals about the nexus between the mentioned right of the accused to be examined by the courts regarding the evidences submitted by the prosecution against the accused and the principles of natural justice. One of the principles of natural justice “audi alterem partem” is also explained in a detailed manner in connection with the crux of the section -313. It is to be noted that even this section - 313 has been misused in many circumstances same as the other principles of law. The paper also deals with such application errors committed by the concerned authorities and the accused. However, in order to such discrepancies, the highest Court of Record in India has pronounced many judgements and has made sure that the law will not be misused. Such judgements are also mentioned in the research paper in a very reasonable manner such that they appear wherever they are necessary. The recent developments and the amendments are also mentioned in the research paper in order to make it suitable for the present day.