CrPC Section 254 — Procedure when not convicted

Summary

Sub-section (1) says that if the Magistrate does not convict the accused under section 252 or section 253, the Magistrate must hear the prosecution and receive the evidence it presents in support of its case. The Magistrate must also hear the accused and receive any evidence the accused presents in defence.

Sub-section (2) allows the Magistrate, if the Magistrate considers it appropriate and the prosecution or the accused applies, to summon a witness to attend or to produce a document or other thing.

Sub-section (3) allows the Magistrate, before summoning a witness on such an application, to require that the witness’s reasonable expenses for attending the trial be deposited in Court.

Official Text

(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

Sections referred to

• CrPC §252 — Conviction on plea of guilty
• CrPC §253 — Conviction on plea of guilty in absence of accused in petty cases

Referred to by

• CrPC §255 — Acquittal or conviction

Old <-> New Code Mapping

• BNSS §277 — Procedure when not convicted