BASAVARAJ R. PATIL AND ORS. versus STATE OF KARNATAKA AND ORS.

BASAVARAJ R. PATIL AND ORS. versus STATE OF KARNATAKA AND ORS.

Personal examination of accused under Section 313 CrPC in warrant cases is mandatory, but may be dispensed with in exceptional cases on application by accused, accompanied by affidavit showing real hardship and assurance of no prejudice; the Court may provide a questionnaire to be answered by the accused and returned via affidavit, but the right to exemption is forfeited if not complied with. The High Court was not justified in setting aside acquittal solely at the instance of prosecution or informant when no complaint was made by accused regarding non-examination.

Parties
Appellant: Basavaraj R. Patil; Appellant: Naresh Kaushik; Respondent: Arundathi; Respondent: A. T. Rao; Respondent: Ravi Shankar Kumar; Respondent: State of Karnataka; Respondent: Satya Mitra
Jurisdiction
India
Judgment Date
11 October 2000
Procedural Posture
Criminal Appeal / Appeal From High Court Order Remitting Case for Fresh Trial After Setting Aside Acquittal
Outcome
appeal disposed of
Legal Topics
Section 313 Cr PC, Examination of Accused, Dowry Prohibition Act, Indian Penal Code Section 498 a
Criminal Law Criminal Procedure Section 313 Cr PC Examination of Accused Dowry Prohibition Act Indian Penal Code Section 498 a

Case Brief

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Parties

Basavaraj R. Patil

Appellant

Naresh Kaushik

Appellant

Arundathi

Respondent

A. T. Rao

Respondent

Ravi Shankar Kumar

Respondent

State of Karnataka

Respondent

Satya Mitra

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Remitting Case for Fresh Trial After Setting Aside Acquittal

Legal Issues

  1. 1 Whether personal examination of accused under Section 313 CrPC in a warrant case is indispensable
  2. 2 Can the court allow the advocate to answer Section 313 questions in exigent circumstances

Ratio Decidendi

Personal examination of accused under Section 313 CrPC in warrant cases is mandatory, but may be dispensed with in exceptional cases on application by accused, accompanied by affidavit showing real hardship and assurance of no prejudice; the Court may provide a questionnaire to be answered by the accused and returned via affidavit, but the right to exemption is forfeited if not complied with. The High Court was not justified in setting aside acquittal solely at the instance of prosecution or informant when no complaint was made by accused regarding non-examination.

Court Disposition

appeal disposed of

Orders

  • If the accused is unable to attend due to genuine hardship, personal examination under Section 313 CrPC may be dispensed with upon application and affidavit; questionnaire may be answered and returned accordingly.
  • Appeal disposed of; remanding only for Section 313 examination and fresh orders is unjustified unless complaint is made by accused.