In a significant ruling dated April 22, 2025, the Supreme Court emphasized that High Courts must verify compliance with Section 313 of the Criminal Procedure Code (CrPC)—now Section 351 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—at the earliest stage of criminal appeals. This direction aims to avoid unjust acquittals due to procedural lapses during trials.

The Court expressed concern over cases where crucial evidence is not presented to the accused, denying them a fair opportunity to explain incriminating allegations. The bench, comprising Justices Abhay S. Oka, Pankaj Mithal, and Ahsanuddin Amanullah, stressed that once a long time has passed, such lapses become incurable, making it impractical to remand cases back for correction.

“There are several criminal appeals which come to this Court where we find that vital prosecution evidence is not put to the accused in statement under Section 313 of the CrPC. The Court becomes helpless, as due to the long lapse of time, the defect cannot be cured by passing an order of remand.” — Supreme Court

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The observation came while the Court was hearing Criminal Appeal No. 2142 of 2017 filed by Aejaz Ahmad Sheikh against the acquittal of an accused in a murder case involving the brutal burning of his wife and three daughters. Although the trial court awarded the death sentence, the High Court later acquitted the accused citing procedural discrepancies, especially non-compliance with Section 313 CrPC.

During the hearing, the respondent argued that he was not given a fair chance to explain key evidence, including dying declarations. The Supreme Court agreed that these declarations were not put to the accused during his questioning under Section 313, which rendered the trial process flawed and prejudicial.

“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 CrPC (Section 351 of the BNSS, 2023).” — Supreme Court

The Court highlighted that remanding such cases after many years is unjust and causes prejudice, particularly if the accused has already served substantial jail time or faced capital punishment proceedings.

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The Court also noted that burn injuries suffered by the accused and his cousin (who died later) were not properly explained by the prosecution, adding to the doubts over the incident.

“The prosecution also suppressed the fact that the accused also suffered burn injuries… This also raises suspicion about the prosecution's case.” — Supreme Court

In its concluding remarks, the Court suggested that judicial academies should train officers to handle Section 313 proceedings with greater care and advised High Courts to proactively check compliance early in appeals to preserve judicial resources and uphold fair trial standards.

The appeal was dismissed, but the Supreme Court used the occasion to issue strong procedural guidance to prevent future miscarriages of justice stemming from technical lapses.

“The National and the State Judicial Academies must take note of this situation.” — Supreme Court

Case Title: Aejaz Ahmad Sheikh versus State of Uttar Pradesh & Anr.