RECORDING OF STATEMENT OF AN ACCUSED

RECORDING OF STATEMENT OF AN ACCUSED

• Ä  What do you understand by statement of accused? Can accused appeared as a witness and make statement on oath? Discuss with special reference to provision of law.
• Ä  Is it obligatory on the part of the accused to appear in the witness box during trial and give evidence on oath in disproof of the charge? Discuss with reference to the law.

INTRODUCTION

“AUDI ALTERAM PARTEM”

Hear the other side.

RELEVANT PROVISIONS

Section 342 and 364 Cr.P.C

STATEMENT OF ACCUSED UNDER SECTION 342

I-                    STAGE WHEN STATEMENT OF ACCUSED IS RECORDED

i)                    At any Stage of Inquiry or Trial

ii)                  Without Previous Warning

iii)                After the Close of Prosecution Evidence

II-                  STATEMENT SHALL BE ACCEPTED OR REJECTED AS WHOLE

III-                NO LIABILITY ON REFUSING TO ANSWER ANY QUESTION

IV-               NO CASE OF PERJURY

V-                 INFERENCE MAY BE DRAWN BY COURT

VI-               STATEMENT MADE UNDER SECTION 342 MAY USED AGAINST HIM

VII-             NO OATH ADMINISTERED

VIII-           MANDATORY PROVISION

MODE OF RECORDING STATEMENT UNDER SECTION 364

Whenever the accused is examined by any magistrate or court other than a High Court under section 342 his statement shall be recorded in the following manner.

I-                    STATEMENT SHALL BE RECORDED IN FULL

II-                  LANGUAGE IN WHICH STATEMENT SHOULD BE RECORDED

III-                SHOWING OF RECORD TO THE ACCUSED

IV-               POWER TO EXPLAIN OR THE ADD TO ANSWER

V-                 SIGNING OF RECORD

VI-               CERTIFICATION BY MAGISTRATE

VII-             PROCEDURE WHERE EXAMINATION OF ACCUSED IS NOT RECORDED BY MAGISTRATE

CONCLUSION