Chandan Pasi & Ors. v. State of Bihar; 2025 INSC 1371 - Criminal Trial - S.313 CrPC - Public Prosecutor
Criminal Trial - Public Prosecutor - The prosecutor is an officer of the Court and holds a solemn duty to act in the interest of justice. They cannot act as a defence lawyer, but for the State, with the sole aim of making the gauntlet of punishment fall on the accused. (Para 9)
Criminal Trial - 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. This ample opportunity can take many forms, whether it is adequate representation through counsel or the opportunity to call witnesses to present their side of the case or to have the occasion to answer each and every allegation against them, on their own, in their own words. The last one happens under Section 313 CrPC. (Para 6) A trial is a function of memory; it is this memory that, when translated into spoken word testimony on oath, becomes evidence, and thus the same is susceptible to the vagaries of time. (Para 10)
Code of Criminal Procedure 1973 - Section 313- Scope - Referred to precedents, (Para 7)
Case Info
- Case name: Chandan Pasi & Ors. v. State of Bihar
- Neutral citation: 2025 INSC 1371
- Coram: Justice Sanjay Karol; Justice Nongmeikapam Kotiswar Singh
- Judgment date: December 01, 2025
Caselaws and Citations
- Sanatan Naskar v. State of W.B, (2010) 8 SCC 249
- Indrakunwar v. State of Chhattisgarh, 2023 SCC OnLine SC 1364
- Raj Kumar v. State (NCT of Delhi), (2023) 17 SCC 95
- Aejaz Ahmad Sheikh v. State of U.P. and Another, 2025 SCC OnLine SC 913
- Ranvir Yadav v. State of Bihar, (2009) 6 SCC 595
- Naresh Kumar v. State of Delhi, 2024 SCC OnLine SC 1641
- Sovaran Singh Prajapati v. State of U.P., 2025 SCC OnLine SC 351
- High Court Bar Association, Allahabad v. State of U.P., (2024) 6 SCC 267
Statutes/Laws Referred
- Section 313 Code of Criminal Procedure, 1973 (CrPC)
- Section 374(2) CrPC
- Section 302/34 Indian Penal Code, 1860
- Sections 448 & 323, read with Section 34 IPC
- Section 3 Indian Evidence Act, 1872

Public Prosecutors cannot act as a defence lawyer, but for the State, with the sole aim of making the gauntlet of punishment fall on the accused.#SupremeCourt https://t.co/ZCZwBNQCW6 pic.twitter.com/VNuS8UYhwg
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