explanation regarding any incriminating material that has been produced against him

S. 313 - Adverse inference against accused - When may be drawn  

Duty of accused to furnish an explanation regarding any incriminating material that has been produced against him - Accused may choose to maintain silence or even remain in complete denial when his statement u/s. 313 Cr.PC is being recorded - However, in such an event, court would be entitled to draw an inference, including such adverse inference against accused as may be permissible in accordance with law - Submission that prosecution has to establish each and every fact and accused has a right only to maintain silence, rejected - Adverse inference drawn against appellant in this case for not at all trying to explain the incriminating circumstances against him - Evidence Act, 1972 - Ss. 103 and 106 - Prevention of Corruption Act, 1998, Ss. 7, 13(2) and 20.

Case Law:
Phula Singh vs. State of Himachal Pradesh;

Citation:
(2014) 4 SCC 9