Case Note & Summary
The dispute arose from a criminal complaint filed by the appellant, whose daughter had married the respondent and subsequently committed suicide, leaving their child in the appellant's custody. The respondent forcibly took the child to the U.S.A., leading the appellant to seek legal guardianship and file a kidnapping complaint. The trial court allowed the respondent to be represented by his Advocate during examination under Section 313 of the Code of Criminal Procedure, which the appellant contested, arguing for the respondent's personal appearance. The Supreme Court examined the provisions of Section 313(1), which mandates the personal examination of the accused in warrant cases. The court noted that the right to make a statement under this section is personal to the accused and cannot be delegated to an Advocate. The court referred to previous judgments that reinforced this principle, ultimately setting aside the Magistrate's order and directing that the respondent be personally examined. The court emphasized the importance of the accused's opportunity to explain circumstances against him, particularly in light of the ongoing prosecution. The appeal was disposed of with directions for immediate action by the Magistrate.
Headnote
A) Criminal Procedure - Examination of Accused - Personal Examination Requirement - Code of Criminal Procedure, 1973, Section 313(1) - The court held that the examination of the accused under Section 313(1)(b) is mandatory in warrant cases, and cannot be substituted by the examination of the accused's Advocate. The court emphasized the necessity of personal examination to allow the accused to explain incriminating circumstances against him (Paras 472-474).
Issue of Consideration
Whether the trial Magistrate was legally right in examining the Advocate of the accused in his place in a warrant case under Section 313 of the Code of Criminal Procedure.
Final Decision
The Supreme Court set aside the Magistrate's order allowing examination of the Advocate and directed that the respondent be personally examined under Section 313(1)(b) of the Code.
Law Points
- Examination of accused
- Section 313 Cr. P.C.
- Personal attendance
- Warrant case
- Rights of accused
