This is a recent true story. Hence names not given.
An Indian joined service in a foreign company as executive. The company was raided for violation of laws in that country.
This Indian was arrested along with 4 Directors of Company.
The Indian had not done anything. But he was made liable under provisions of vicarious criminal law, liability for acts of others.
The family of Indian approached me for advice.
English was not the Court language in that country. They somehow showed me a copy of FIR translated in English from local language and some emails.
It appeared that case was going in such a way that whole liability can be fixed on Indian and other local directors of the Company can walk out free.
It was not possible for family to hire their own lawyer in that countey. Nor it was possible for them to get me translation of chargesheet and other Court papers. They were helpless.
I first explained to them fully about criminal law of vicarious liability. Then I said, in all over world, at the end of trial, the Judge asks question to accused if he has anything to say.
I advised them that at this time, the Indian should handover copies of his two previous emails to the judge and should tell the whole truth to judge.
Indian followed my advice.At end of trial, he gave two emails to the judge and told him truth.
The Judge became curious. He asked several questions to Indian to test his version.
When the judgement came, the four directors were convicted. But the Indian was set free. He returned to India. He will never again go to any country for service.
This magic provision of law in India is called Sec 313 of Cr.PC.
Earlier Indian law was such that accused can say anything. Nothing said by him in 313 was to be used against him because these statements are not on Oath. This provision was made to encourage every innocent accused to speak truth freely.
Now this law is different. Now if accused makes some erroneous statement, he can be convicted on basis of his 313 statement. This made this section useless. Now accused's Lawyers dictate guarded replies to 313 Statement on behalf accused.
A provision for benifit of innocent has lost it's spirit and meaningful use in India. This is, of course, as per my understanding. - Haresh Raichura 28/9/16
