Accused can't be convicted if code is violated: SC | delhi | Hindustan Times
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Accused can't be convicted if code is violated: SC

The Supreme Court has held that an accused cannot be convicted for an offence if the magistrate examining him/her failed to put proper questions while recording the statement.

delhi Updated: May 13, 2009 23:25 IST

The Supreme Court has held that an accused cannot be convicted for an offence if the magistrate examining him/her failed to put proper questions while recording the statement.

The questions put by a magistrate should be easily understandable and give an opportunity to explain his/her position vis-a-vis the incriminating material sought to be established against the accused, a bench of Justices Arijit Pasayat and Mukundakam Sharma said in a judgment.

The apex court passed the judgement while acquitting Ranvir Yadav in a murder case.

The accused had filed the appeal in the apex court on the ground that his conviction and life sentence was erroneous in law as the magistrate failed to put proper questions to him as mandated under Section 313 CrPC.

"The whole object of the Section (313CrPC) is to afford the accused a fair and proper opportunity of explaining circumstances which appear against him and that the question must be fair and must be couched in a form which an ignorant or illiterate person will be able to appreciate and understand," the apex court said.

Under Section 313 CrPC, it is mandatory for the magistrate to put questions to the accused to enable him/her to explain the charge levelled by the prosecution.