WRITTEN STATEMENT OF ACCUSED-
Section 243(1) declares that the accused shall be called upon to enter his defence and produce significant evidence. Any written statement introduced by the defence shall be recorded by the Magistrate and filed. Under Section 313(1), the accused shall have the opportunity to be heard and clarify any conditions appearing against him or other facts and conditions of the case that are relevant. This may be done by a written statement or orally.
EXAMINATION OF WITNESSES FOR THE DEFENCE-
Section 243(2) describes the process of examination of witnesses for defence of the accused. An application can be made by the defence to the Magistrate to compel the attendance of a witness for the purpose of examination or cross-examination, or for the production of any relevant documents or other things. The Magistrate shall issue such directions unless he feels the application has been put for the purpose of delay or vexation or defeats the ends of justice and refuse the application on those grounds. The grounds of refusal of the application by defence shall be recorded by the Magistrate in writing. However, if the accused has had an opportunity to cross-examine a witness presented by the prosecution, or has already cross-examined a witness, then the attendance of such witness shall not be compelled under this section; unless the Magistrate feels such attendance is necessary for justice. Sub-section 3 mentions that the reasonable expenses incurred by the witness in attending the Court for the purpose of the trial must be deposited in Court.
RECORD OF THE EVIDENCE
CrPC declares that any evidence or witness testimonies shall be filed by the Magistrate with the record. The evidence submitted can be in the form of written statement orally submission which the Court shall record. The evidence submitted is recorded to prevent tampering by an interested individual to additional their plan and prevent justice from being served to the accused. Any written statement submitted by the accused is also filed with the record by the Magistrate.
STEPS IN EVIDENCE PRESENTATION OF DEFENCE
The defence will have a chance to introduce witnesses to protect the accused. This may include an alibi or individuals that can point out that the accused was available somewhere else from where the offense was committed. The witnesses presented by the defence can be cross-examined by the prosecution and their testimonies challenged. The purpose of defence witness is to create a reasonable doubt to bring up that the accused might not have been the specific person that committed the offense. Notwithstanding, the prosecution can challenge the testimony of said witnesses and isolate the accused to prove beyond a reasonable doubt that the offense was committed by him.
ARGUMENTS SUBMITTED ON BEHALF OF DeFENCE-
After the end of evidence, the defence may produce an oral argument and submit a memorandum to the Court. A duplicate of this memorandum should be provided to the prosecution. The court possesses the power to interfere if the oral arguments are not to the point and relevant to the case and made to waste the time of the court and delay the delivery of justice. The memorandum of argument must be submitted before the end of oral delivery. Section 313(3) is a rule against self-incrimination and declares that the accused shall not render himself liable to punishment if he refuses to answer any question when examined by the prosecution, or gives false answers.
The Magistrate holds the authority to judge the evidence provided by the defence and its relevance. , it may be thrown out and not filed with the record and shall no longer be considered in the case. The relevance of the evidence and testimony can be challenged by the opposing party but only the Magistrate has the authority to decide whether it shall be filed with the record or thrown out of the case.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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