Acquittal before defence evidence in sessions trial is something very rarely happens in Indian courts but there is a legal provision in the Criminal Procedure Code, 1973 (CrPC), for the…
On one hand the women continue to suffer under violence with no much hope for the victims to have easy access to justice despite having those laws on our statute book. On the other, some of these provisions are largely being misused by educated and powerful sections of disgruntled women as a sharp weapon, rather than a shield, to harass their innocent husbands and their relatives.
The examination of the accused under Section 313 of the Criminal Procedure Code (Cr P C) by the trial court is popularly known as “313 examination” and the statement deriving out of it is called “313 Statement”.
Any Metropolitan Magistrate or Judicial Magistrate, not even having jurisdiction in the case, has the authority to record a confession or statement made to him by a person, in the course of an investigation or after it, but invariably prior to the inquiry or trial. This is what provided for under Section 164 of the Criminal Procedure Code, 1973 (CrPC).