Supreme Court of India · 2000-10-11
BASAVARAJ R. PATIL vs STATE OF KARNATAKA
- Citation / case number
- SC 1999/3828
- Court
- Supreme Court of India
- Petitioner
- BASAVARAJ R. PATIL
- Respondent
- STATE OF KARNATAKA
- Author
- K.T.THOMAS S.N.VARIAVA
- Bench
- K.T.THOMAS S.N.VARIAVA
Judgment text excerpt
The Supreme Court addressed the issue of whether an accused must personally be questioned under Section 313 of the Code of Criminal Procedure, following a reference from a two-judge bench due to conflicting interpretations. The Court held that while the accused's personal questioning is generally mandatory, exceptions may apply in exigent circumstances, allowing counsel to respond on behalf of the accused. The judgment in Usha K. Pillai was distinguished, and the case was remanded for reconsideration of the legal position regarding personal questioning of the accused.