Supreme Court: Section 313 CrPC Circumstantial Evidence Must Form Complete Chain

• The Supreme Court acquitted Santosh Gurung, overturning his conviction in a POCSO and murder case.
• The Court ruled that an accused's Section 313 CrPC (now Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)) statement cannot complete an incomplete chain of circumstances.
• In cases relying on circumstantial evidence, the burden of proof remains with the prosecution and cannot be shifted to the accused.
• An accused's failure to explain can only be an additional link if incriminating circumstances are already fully established.
• The prosecution's evidence in the Gurung case was deemed "woefully short," with significant doubts regarding witness testimony and forensic findings.

In cases based on circumstantial evidence, an accused's statement under Section 313 CrPC (now Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)) cannot fill gaps in an incomplete chain of circumstances, nor can it shift the burden of proof onto the accused.

The Supreme Court recently overturned the conviction of Santosh Gurung, who had been sentenced to life imprisonment for offenses under the Protection of Children from Sexual Offences (POCSO) Act, 2012, as well as Sections 376(2)(i), 302, and 201 of the Indian Penal Code, which have been replaced by Sections 64(2), 103, and 238 respectively of the Bharatiya Nyaya Sanhita, 2023 (BNS) since July 1, 2024. Gurung's conviction under Sections 4 and 6 of the POCSO Act was also set aside. The prosecution had alleged that on November 6, 2013, Gurung abducted his minor niece, sexually assaulted her, and subsequently throttled her to death. A missing person complaint was filed on November 12, 2013, with the First Information Report (FIR) being registered significantly later, on May 13, 2014. However, the Supreme Court, after a comprehensive review of the circumstances presented by the prosecution, concluded that the evidence was

Defense lawyers should leverage this Supreme Court ruling to challenge convictions based on incomplete circumstantial evidence, emphasizing that an accused's Section 313 CrPC statement cannot cure gaps in the prosecution's case or shift the burden of proof. Prosecutors must ensure a complete chain of incriminating circumstances is established independently before relying on an accused's explanation as an additional link.

Source: Reporting based on recent Supreme Court pronouncements.