Evidence for prosecution
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Summary
If the accused does not plead, refuses to plead, claims trial, or the Magistrate does not convict under section 264, the Magistrate will fix a date to examine witnesses and must give the accused the statements recorded by the police during investigation. The prosecution may apply for summons to witnesses or for documents. On that date the Magistrate records all prosecution evidence, may defer or recall cross-examination, and may permit audio-video examination at a State-notified place.
Example
Rohan is accused of stealing from a shop and refuses to plead. The Magistrate fixes a date for examining witnesses and gives Rohan the witness statements recorded by the police. The prosecution summons the shopkeeper to produce sales records. On the date the Magistrate records all prosecution evidence; cross-examination may be deferred and the shopkeeper may be examined by audio-video at the State-notified place.
Bare Act
Enacted text(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses:
Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
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