Supreme Court Emphasizes: Absence of Plea in S.313 CrPC Statement Doesn't Undermine Accused's Defense

In a recent ruling on January 4, the Supreme Court reinforced a well-established legal principle that a statement recorded under Section 313 of the Code of Criminal Procedure, 1973, does not stand as the exclusive foundation for conviction.

The court underscored the non-evidentiary nature of the accused’s statement, emphasizing that it lacks the sanctity of an oath and denies the prosecution an opportunity to cross-examine. The judgment stated, “Therefore, the presence of the appellant cannot be found solely based on his statement, notwithstanding the lack of independent evidence led by the prosecution.”

A bench comprising Justices B. R. Gavai, P.S. Narasimha, and Aravind Kumar delivered these observations while allowing the appeal of an accused convicted of murdering his wife.

The prosecution alleged that the accused, Darshan Singh, and another individual, Rani Kaur, conspired to eliminate Singh’s wife, Amrik Kaur. The court, however, found crucial omissions in witness testimonies and addressed the prosecution’s argument that the appellant did not specifically plead alibi in his statement under Section 313 CrPC.

The court dismissed this argument, stating that the omission of a specific defense plea under Section 313 CrPC does not automatically strip the accused of their rights. It emphasized, “Mere omission to take a specific plea by accused when examined u/s 313 CrPC, is not enough to denude him of his right if the same can be made out otherwise.”

Highlighting the inconsistency in the High Court’s treatment of the co-accused Rani Kaur, the court emphasized that the presence of the appellant and Kaur in the house was not convincingly proven beyond doubt. The ruling set aside the previous order, stressing the need for an unbroken chain of circumstances in cases relying solely on circumstantial evidence.

This judgment challenges the notion that an accused’s defense is weakened if certain pleas are not explicitly stated in their Section 313 CrPC statement, affirming the principle that the totality of evidence must be considered in establishing guilt.