SEC.313 OF Cr.P.C.

POWER TO EXAMINE ACCUSED :- [1] . In every inquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court- [a] . may at any stage, without previously warning the accused put such questions to him as the court considers necessary ; [b] . shall , after the witnesses for the prosecution have been examined and before he is called on for his defense, question him generally on the case: PROVIDED THAT IN A SUMMONS-CASE, WHERE THE COURT HAS DISPENSED WITH THE PERSONAL APPEARANCE OF THE ACCUSED , IT MAY ALSO DISPENSE WITH HIS EXAMINATION UNDER CLAUSE [b]. [2]. no oath shall be administered to the accused, when he is examined under sub-sec.[1][b]. ----- [3]. when accused refused to answer or give false reply , no punishment attracts.--[4]. the answers may be considered against or infavour of accused while judging the case. ........ presence of accused is must as it is mandatory and examination of lawyer of accused is not sufficient compliance with t he mandate - A.I.R.1993 SC 2090. EXAMINATION OF ACCUSED IS MUST NOT FORMALITY AIR 1997 SC 768.