CrPC Section-243 - Evidence for defence
Description
- The accused shall then be called upon to present his defense and produce any supporting evidence. If the accused submits a written statement, the Magistrate shall place it on record.
- If, after beginning his defense, the accused requests the Magistrate to issue a summons for the attendance of any witness—whether for examination, cross-examination, or the production of a document or other material—the Magistrate shall issue such a summons unless he determines that the request is intended to cause unnecessary delay, harassment, or to obstruct justice. In such cases, the Magistrate must record his reasons in writing.
- Provided that if the accused has already cross-examined or had the opportunity to cross-examine any witness before presenting his defense, the attendance of such a witness shall not be compelled unless the Magistrate finds it necessary in the interest of justice.
- Before summoning any witness under this provision, the Magistrate may require the accused to deposit a reasonable amount to cover the witness’s expenses for attending the trial.
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