Procedure when not convicted
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Summary
If the accused is not convicted at the earlier stage, the Magistrate must hear the prosecution and the defence, receive whatever evidence each side produces, and decide the matter. Either party can apply to summon witnesses or order production of documents. Before issuing a summons the Magistrate may require a deposit for the witness's reasonable expenses to be made in court.
Example
Priya files an FIR about a theft and Arjun is not convicted at the preliminary stage. The Magistrate then hears the prosecution and Arjun's defence and records their evidence. The prosecution asks the court to summon shopkeeper Meera to produce a bill; the Magistrate can summon Meera and may require her reasonable travel expenses to be deposited before she appears.
Bare Act
Enacted text(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
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