Procedure when not convicted
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Summary
When the magistrate does not convict after initial consideration, he must continue the trial: hear the prosecution and record its evidence, and also hear the accused and record any defence evidence. Either party can apply to summon witnesses or call for documents. Before summoning, the magistrate may require reasonable expenses for a witness to be deposited in court.
Example
Priya is accused in a neighbourly quarrel. The magistrate does not convict at the first hearing, so he hears the prosecution and records its witnesses, then allows Priya to produce her defence witnesses. The prosecution asks the court to summon a neighbour; the magistrate orders the summons but asks that the neighbour's reasonable expenses be deposited first.
Bare Act
Enacted text(1) If the Magistrate does not convict the accused under section 252 or section 253, 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) A 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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