Entering upon defence
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Summary
If the accused is not acquitted after the prosecution case, he must be called to enter his defence and may produce any evidence for it. Any written statement by the accused is to be filed with the record. If he applies for process to compel witnesses or documents, the Judge shall issue it unless he records reasons that the application is for vexation, delay, or to defeat the ends of justice.
Example
Priya is not acquitted after the prosecution rests. She files a written defence and asks the Judge to summon her neighbour as a witness and to order production of a tenancy receipt. The Judge files her statement and will issue the summons and production order unless he records that the request is only to delay or vex the process.
Bare Act
Enacted text(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
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