In Chandan Pasi & Ors. Vs. The State of Bihar [2025 INSC 1371], the Supreme Court stressed that examining the accused under Section 313 of the Code of Criminal Procedure, 1978 (CrPC) is a non-negotiable duty to allow them to explain incriminating evidence against them. It is not a mere formality.
The primary goal of Section 313 examination is to ensure a fair trial (audi alteram partem) by establishing a direct dialogue between the court and the accused.
In the 313 examination the trial court must put each material piece of evidence, used for conviction, specifically, distinctly, and separately to the accused.
Failure to do Section 313 examination under CrPC constitutes a serious irregularity, vitiating the trial if prejudice is shown, leading to remand (sending back to the trial court) for proper compliance, even years after the incident.
