Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 253: Date for prosecution evidence
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
Brief Detail
Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for setting a date for the examination of witnesses if the accused either refuses to plead, does not plead, claims to be tried, or is not convicted following a guilty plea. The Judge is responsible for determining the date and can also issue processes to ensure witness attendance or document production as requested by the prosecution.
Question & Answers
Q1: What does the Judge do if the accused refuses to plead?
A1: The Judge shall fix a date for the examination of witnesses.
Q2: What happens if the accused claims to be tried?
A2: The Judge will also fix a date for the examination of witnesses in such cases.
Q3: Can the Judge issue processes to compel witness attendance?
A3: Yes, the Judge may issue any process for compelling the attendance of witnesses or the production of documents.
Q4: Under what circumstances does this section apply?
A4: This section applies if the accused refuses to plead, does not plead, claims to be tried, or is not convicted under section 252.
Example
- Accused Refusal: An accused person appears in court but refuses to enter a plea regarding the charges.
- Judge's Action: The Judge decides to set a date for the examination of witnesses to gather evidence.
- Issuing Processes: The prosecution requests the Judge to compel a key witness to attend the trial.
- Date Fixed: The Judge sets a specific date for the witness examination, ensuring that necessary witnesses and documents will be present.
Summary
Section 253 establishes the procedure for setting a date for witness examination when the accused does not plead or claims to be tried. The Judge is responsible for fixing this date and may take additional actions to ensure that witnesses appear and relevant documents are produced, facilitating a thorough examination of the case.
