Evidence for defence
AI Assist
Summary
The accused is called to begin defence and to produce evidence, and any written statement he files is placed on the record. If he asks the Magistrate to summon witnesses or compel documents, the Magistrate must issue process unless the request is made to vex, delay or defeat justice and that reason is recorded. If the accused already had or used cross-examination of a witness before defence, the Magistrate will not summon that witness unless necessary; attendance can be by audio-video and the court may require deposit of reasonable expenses.
Example
Priya is charged and called to enter her defence; she files a written statement which the Magistrate puts on record. She asks the Magistrate to summon her neighbour Ravi and to produce CCTV footage. The Magistrate issues the summons unless satisfied the request is for delay, may order the witness examined by audio-video at the notified place, and can ask Priya to deposit reasonable expenses before the witness attends.
Bare Act
Enacted text(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers 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 and such ground shall be recorded by him in writing:
Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice:
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.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
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