CrPC 243 — Evidence for defence

Code of Criminal Procedure, 1973

Statutory 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

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