Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Framing of charge leads to plea, cross-examination rights and possible closure of prosecution evidence when witnesses unavailable. Where the Magistrate presumes an offence triable and punishable by him, he shall frame a charge, read it to the accused and require a plea; a guilty plea may be recorded and may result in conviction. If the accused does not plead or claims trial, he must state whether he wishes to cross-examine specified prosecution witnesses; those witnesses are recalled for cross-examination and then discharged, followed by remaining prosecution witnesses. If attendance of prosecution witnesses cannot be secured despite reasonable measures, the Magistrate may deem them unexamined, close prosecution evidence and proceed on materials on record with reasons in writing.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Framing of charge leads to plea, cross-examination rights and possible closure of prosecution evidence when witnesses unavailable.
Where the Magistrate presumes an offence triable and punishable by him, he shall frame a charge, read it to the accused and require a plea; a guilty plea may be recorded and may result in conviction. If the accused does not plead or claims trial, he must state whether he wishes to cross-examine specified prosecution witnesses; those witnesses are recalled for cross-examination and then discharged, followed by remaining prosecution witnesses. If attendance of prosecution witnesses cannot be secured despite reasonable measures, the Magistrate may deem them unexamined, close prosecution evidence and proceed on materials on record with reasons in writing.
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