Section 242 of CRPC "Evidence for prosecution"
(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:
1[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.
1. Ins. by Act 5 of 2009, s.19 (w.e.f. 31-12-2009).
Section 243 of CRPC "Evidence for Defence"
(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 has 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 incurred by the witness in attending for the purposes of the trial be deposited in Court.
TRIAL BEFORE A COURT OF SESSION
RIAL BEFORE A COURT OF SESSION
What is Entering upon defence? What is Arguments in Criminal Case? What is Judgment of acquittal of conviction? What is the effect of Previous conviction? Section 233, 234, 235 and 236 of Code of Criminal Procedure 1973
What is Compliance with section 207? When accused shall be discharged? What is Framing of charge? What is Conviction on plea of guilty? Section 238, 239, 240 and 241 of Code of Criminal Procedure 1973
Cases instituted otherwise than on police report
What is Evidence for prosecution? When accused shall be discharged? What is the procedure when Procedure where accused is not discharged? What is Evidence for Defence? Section 244, 245, 246 and 247 of Code of Criminal Procedure 1973
Conclusion of trial