HIGH COURTS MUST CHECK SECTION 313 COMPLIANCE EARLY

by | Apr 23, 2025

Supreme Court emphasizes early Section 313 compliance in criminal appeals.

Supreme Court advises High Courts to check Section 313 CrPC compliance early to prevent wrongful acquittals in criminal trials.

Case in News

High Courts must check Section 313 of CrPc compliance early to stop acquittals due to legal lapses.

Case Overview

Case Name: Aejaz Ahmad Sheikh versus State of Uttar Pradesh & Anr.

On 22nd April 2025, the Supreme Court bench comprising Justice Abhay S Oka, Justice Pankaj Mithal and Justice Ahsanuddin Amanullah issued a major observation in the case of Aejaz Ahmad Sheikh versus State of Uttar Pradesh & Anr. The Supreme Court of India addressed the recurring issue of acquittals in criminal cases due to non-compliance with Section 313 CrPC and the corresponding Section 351 BNSS which mandate giving the accused a fair opportunity to explain the evidence given against them .

Key Aspects 

  • The case involved an appeal against the acquittal of an accused charged with murdering his wife and 3 daughters.
  • The High Court had acquitted the accused stating procedural lapses and inadmissibility of the dying declaration.
  • The accused claimed important evidence was not put to him during the trial under Section 313 CrPC .
  • The Supreme Court acknowledged the seriousness of the lapse but upheld the acquittal due to other valid grounds .

Legal Insights 

  • Section 313 CrPC and Section 351 BNSS, 2023 Mandate recording the statement of the accused relating to prosecution evidence.
  • Section 313(5) CrPC Allows filing written statements to avoid errors in cases with several witnesses .
  • Article 21 of the Constitution – Guarantees a fair trial and procedural fairness .
  • The Supreme Court advised High Courts to verify Section 313 of Criminal Procedure Code (CrPC) compliance at the outset of criminal appeals.

Court’s Verdict

While upholding the acquittal by High Court in the case of Aejaz Ahmad Sheikh versus State of Uttar Pradesh & Anr the bench led by Justice Abhay S Oka, Justice Pankaj Mithal and Justice Ahsanuddin Amanullah strongly urged High Courts to address Section 313 CrPC/Section 351 BNSS compliance early in criminal appeals . This approach would avoid delays, conserve judicial time for procedural integrity in criminal trials.

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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