Evidence for defence
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Summary
Accused is called to begin defence and to produce evidence; any written statement by the accused is filed with the record. If the accused asks the Magistrate to summon witnesses or order production of documents, the Magistrate must issue process unless the request is made for vexation, delay, or to defeat justice and that ground is recorded. If a witness was already cross-examined or had the opportunity earlier, attendance will not be compelled unless necessary for the ends of justice. The Magistrate may require deposit of reasonable expenses before summoning a witness.
Example
Ravi is accused of shop theft and, after entering his defence, asks the Magistrate to summon the shopkeeper Arjun and obtain CCTV footage. The Magistrate issues the summons because the request is not for delay and records the reason. If Arjun had already been cross-examined before Ravi began his defence, the Magistrate could refuse unless his attendance is necessary; reasonable travel costs may be asked up front.
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 had 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.
(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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