Entering upon defence
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Summary
When the accused is not acquitted at the earlier stage, the court calls them to enter their defence and to produce any evidence they have. Any written statement by the accused is placed on the record. If the accused asks the court to summon witnesses or compel documents, the judge must issue such process unless the request is plainly for vexation, delay, or to defeat the ends of justice, and reasons must be recorded for any refusal.
Example
Priya is accused of causing a minor injury and the judge does not acquit her, so she is called to enter her defence. She files a written statement and asks the judge to summon her neighbour Rohan and to obtain CCTV footage. The judge files her statement and issues process for Rohan and the footage because the application is not for vexation or delay.
Bare Act
Enacted text(1) Where the accused is not acquitted under section 232 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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