CrPC Section 243 — Evidence for defence

CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES

General

Summary

Sub-section (1) requires the accused to be called on to present a defence and produce evidence. If the accused submits a written statement, the Magistrate must place it with the record.

Sub-section (2) allows the accused, after beginning the defence, to ask the Magistrate to issue a process requiring a witness to attend for examination or cross-examination, or requiring a document or other thing to be produced. The Magistrate must issue the process unless the Magistrate considers the application is made to cause vexation or delay, or to defeat the ends of justice. If refusing on one of those grounds, the Magistrate must record the ground in writing.

The proviso to sub-section (2) concerns a witness whom the accused has already cross-examined, or had the opportunity to cross-examine, before beginning the defence. The Magistrate must not require that witness to attend under this section unless satisfied that the attendance is necessary for the ends of justice.

Sub-section (3) allows the Magistrate, before summoning a witness on an application under sub-section (2), to require that the reasonable expenses the witness will incur in attending the trial be deposited in Court.

Official 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 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 expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. B.—Cases instituted otherwise than on police report

Referred to by

Related Judgments

  • T. NAGAPPA vs Y.R. MURALIDHAR — Supreme Court of India (2008)
  • ARIVAZHAGAN vs STATE, REPRESENTED BY INSPECTOR OF POLICE — Supreme Court of India (2000)
  • NATASHA SINGH vs CBI (STATE) — Supreme Court of India (2013)

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