Evidence for prosecution
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Summary
When a warrant-case not begun on a police report comes before a Magistrate with the accused present or produced, the Magistrate must hear the prosecution and record all evidence the prosecution produces. On the prosecution's application the Magistrate may summon any of its witnesses to attend or to produce documents or other things.
Example
Priya files a private complaint (a warrant-case not based on a police report) and the accused Arjun is produced before a Magistrate. The Magistrate hears the prosecution and records the prosecution's evidence. On the prosecution's application, the Magistrate issues a summons to witness Meera to attend court and bring a contract document.
Bare Act
Enacted text(1) When, in any warrant-case instituted otherwise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
(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.
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