217.
Taking and Recording of Evidence.
(1)
Save as otherwise provided in this Code all evidence in every inquiry and trial
shall be taken in the presence of the accused or, when his personal attendance is
dispensed with, in the presence of his pleader.
NOTE:- See Section 141 A.
(2) Save as otherwise provided in this Code the evidence of each witness and the
examination and statement (if any) of the accused shall be recorded in writing in
English or when necessary, in any other language prevalent in the area.
(3) The record shall ordinarily be in the form of a narrative and not in the form of
question and answer, but in the discretion of the presiding Magistrate any particular
question and answer may be taken down in full.
(4) The record of any statement or examination of the accused shall be read over. The
record of the evidence of a witness shall be read over upon the application of the
witness or the accused. If any objection is made to the record it shall be corrected, if
wrong, or a note made of the objection.
(5) After recording the evidence of a witness the presiding Magistrate shall also record or
cause to be recorded such remarks as he thinks material respecting the demeanor of
such witness whilst under examination.
218.
Power to Examine The Accused.
(1)
For the purpose of enabling the accused to explain any circumstances appearing in
the evidence against him the Court may at any stage of an inquiry or trial, without
previously warning the accused, put such questions to him as the Court considers
necessary and shall for the purpose aforesaid question him generally on the case
after the witnesses for the prosecution have been examined and before he is called
on for his defense.
(2) The accused shall not render himself liable to punishment by refusing to answer such
questions or by giving false answers to them; but the Court may draw such inference
from such refusal or answers as it thinks just.
(3) The answers given by the accused may be taken into consideration in the inquiry or
trial and put in evidence for or against him in any other inquiry into or trial for any
other offence, which such answers may tend to show that, he had committed.
(4) No oath shall be administered to the accused.
219.
Power To Summon Material Witnesses or Examine Persons Present.
Any Court may at any stage of any inquiry, trial or other judicial proceedings under this
Code summon any person as a witness or examine any person in attendance though not
summoned as a witness, or recall and re-examine any person already examined; and the
Court shall summon and examine or recall and re-examine any such person if his
evidence appears to it essential to the just decision of the case.
73
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