Supreme Court · 2014 INSC 770 · Decided 11 November 2014
Nar Singh v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2014 INSC 770 · [2014] 12 S.C.R. 218
- Case number
- CRIMINAL APPEAL No. 2388/2014
- Decided
- 11 November 2014
- Bench
- T.S. THAKUR, R. BANUMATHI (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313(1)(b), 313, 386
Headnote
Code of Criminal Procedure, 1973: c s.313 - Non-compliance of mandatory provisions of s.313 whether vitiative of trial and conviction of the appellant - Held: The provisions of s.313 are mandatory and cast a duty on the court to afford an opportunity to the accused to explain each and every him - The examination of accused u/ s.313(1)(b) is not a mere formality- s.313 merely prescribes a procedural safeguard for an accused - Objection as to s.313 statement should be taken at the earliest stage - Any omission on the part of the Court to question the accused on E any incriminating
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