Remand Ordered Where Trial Court Failed to Properly Comply with Section 313 CrPC; Three Convicts to Re-Answer

A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh heard appeals by three of six persons convicted for murder and related offences, challenging the High Court of Patna’s affirmation of trial court convictions under Sections 302/34, 448 and 323 IPC. The appeals raised multiple grounds, but the primary challenge before the Supreme Court was non-compliance with Section 313 of the Code of Criminal Procedure, 1973 — the trial-stage procedure for putting incriminating evidence to an accused and recording his explanation.

The Supreme Court allowed the appeals of the three appellants insofar as defective compliance with Section 313 CrPC prejudiced their right to a fair trial, set aside the part of the trial that recorded their 313 statements and remanded the matter to the trial court to recommence from that stage. The Court observed that “One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them. ... The last one happens under Section 313 CrPC.” The Court further noted that the trial court’s questions produced “carbon copy” answers and constituted “an abject failure on the part of the Court in complying with the basic tenets of law.” The Court, in its reasoning, observed: “The object of recording the statement of the accused under Section 313 CrPC is to put all incriminating evidence to the accused so as to provide him an opportunity to explain such incriminating circumstances appearing against him in the evidence of the prosecution. At the same time, also permit him to put forward his own version or reasons, if he so chooses, in relation to his involvement or otherwise in the crime.” The Court held that the remand was limited to the three appellants before it and directed the trial court to complete the exercise within four months.

Background

The prosecution case arose from an incident on March 31, 2016, when the informant Kachan Pasi and family members were returning from fields and were allegedly attacked; Ghughali Pasi died after being assaulted with a katta. The trial court convicted six accused persons in March 2017 and sentenced them to life imprisonment (with concurrent lesser sentences for other offences); a seventh accused was held to be a juvenile. The Patna High Court, in September 2024, dismissed criminal appeals and upheld the convictions. The appellants filed Special Leave Petitions in this Court raising, inter alia, defective compliance with Section 313 CrPC.

On hearing counsel, the Supreme Court focused on the adequacy of the trial judge’s examination under Section 313. The Court reviewed precedent, including Sanatan Naskar v. State of W.B. and Indrakunwar v. State of Chhattisgarh, and reiterated principles that the trial court must put “each material circumstance appearing in the evidence” specifically to the accused, that the process is not a mere formality, and that omission to put material circumstances may vitiate a trial if prejudice resulted. The recorded statements of the three appellants before the trial court consisted largely of omnibus denials and identical language — the Court found that material circumstances were not put, and the prosecutor had not assisted adequately in this stage. The Supreme Court therefore allowed the appeals on this ground alone, remanded the matter to the trial court to re-conduct the 313 examination of the three appellants and clarified that its observations would not affect the findings against the other accused. It directed that the exercise be completed within four months from communication of the judgment and ordered the High Court Registrar to communicate the order to the trial court for compliance. Pending applications stood disposed of.

Case No.: 2025 INSC 1371 Case Title: Chandan Pasi & Ors. v. The State of Bihar Appearances: For the Petitioner(s): Ms. Anjana Prakash, Senior Counsel For the Respondent(s): Counsel for the State