Bharatiya Nagarik Suraksha Sanhita
Chapter 20
Trial of Warrant-Cases by Magistrates
Section 266 • Evidence for defence.
Description
(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:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
(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.
📖 Understanding This Section
This section is part of Bharatiya Nagarik Suraksha Sanhita, Chapter 20 (Trial of Warrant-Cases by Magistrates). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.
