Evidence for prosecution
AI Assist
Summary
When the accused refuses or does not plead, claims trial, or the Magistrate does not convict, the Magistrate must fix a date to examine the prosecution witnesses. The Magistrate must give the accused in advance the statements of witnesses recorded by the police. On that date the Magistrate will record all prosecution evidence, may summon witnesses on the prosecution's application, defer cross-examination until other witnesses are heard, or recall witnesses for further cross-examination.
Example
Ravi is accused and refuses to plead. The Magistrate fixes a date to examine prosecution witnesses and gives Ravi the police-recorded witness statements in advance. The prosecution applies for a summons for a key witness and the Magistrate issues it. On the date the Magistrate records the evidence and allows the witness to be recalled for further cross-examination.
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 241 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.
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