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Section 243 - Code of Criminal Procedure Act, 1973
243.Evidence for defense.-
(1) The accused shall then be called upon to enter upon his defense 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 defense, 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 defense, 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.
Related Sections
- Section 33: Powers of officers appointed
- Section 404: Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
- Section 284: When attendance of witness may be dispensed with and commission issued
- Section 351: Appeals from convictions under sections 344, 345, 349 and 350
- Section 114: Copy of order to accompany summons or warrant