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october 2000

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.

BASAVARAJ R. PATIL vs STATE OF KARNATAKA · Niyam