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may 1965

Supreme Court of India · 1965-05-07

MAHANT KAUSHALYA DAS vs STATE OF MADRAS

Citation / case number
SC 1963/232
Court
Supreme Court of India
Petitioner
MAHANT KAUSHALYA DAS
Respondent
STATE OF MADRAS
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the requirements of Section 243 of the Code of Criminal Procedure are mandatory, and any violation vitiates the trial, rendering the conviction legally invalid. The Court emphasized that the exact words of the accused's plea must be recorded in his own language to ensure proper administration of justice. It ruled that the failure to comply with this provision was serious enough to invalidate the conviction, as the appellant's admission was not recorded as required. The Court also clarified that Section 243 overrides the general provision of Section 362(2)(A).

MAHANT KAUSHALYA DAS vs STATE OF MADRAS · Niyam