Shambhu Choudhary vs State Of Bihar - S. 313 CrPC

Code of Criminal Procedure 1973 - Section 313- It is a duty of the Court to explain to the accused the circumstances appearing against him in the evidence. There is a difference between “circumstances appearing in the evidence against the accused” and “case of the prosecution in brief”- It is a duty of the Court to point out to the accused what each prosecution witness and especially, eye witness has deposed against him-There are many cases where the trial is conducted in the language which may not be known to the accused. Even otherwise, the accused while sitting in the dock, may not be in a position to understand exactly what material is brought on record against him during the prosecution evidence. Therefore, the accused must be specifically put all the material brought on record in the prosecution evidence on the basis of which the prosecution is seeking his conviction. Apart from the fact that the accused will be in a position to explain, based on the material brought on record, he can also consider of adducing defence evidence. - Referred to Raj Kumar alias Suman v. State (NCT of Delhi) (2023) 17 SCC 95. (Para 9-12)