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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