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In force2021 Revised Edition
Contents

Chapter XVII

145. List of witnesses for defence on trial

(1)

When the accused has been committed for trial under section 143 or 144, the Magistrate shall require him to give orally or in writing a list of the names and so far as practicable the addresses of the persons, if any, whom he wishes to be summoned to give evidence on his trial, whether such persons have given evidence before the Magistrate or not, and shall record that he has so done.

(2)

If the Magistrate thinks that any witness is included in the list mentioned in subsection (1) for the purpose of vexation or delay or of defeating the ends of justice, he may require the accused to satisfy him that there are reasonable grounds for believing that the evidence of such witness a is material and if he is not so satisfied may remove the name of such witness from the list, recording his reason for such action, or may require such sum to be deposited as the Magistrate thinks necessary to defray the expense of obtaining the attendance of such witness at the trial.

(3)

The list of witnesses, as finally determined, shall be included in the record.

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(4)

The accused may at any time before his trial give to the

Magistrate, or, if he is in custody, to the officer in charge of the prison for

102

Criminal Procedure Code transmission to the Magistrate, a further list of persons whom he wishes to give evidence on his behalf on such trial, provided that such list be accompanied by a concise statement of the facts to be proved by such witness.

(5)

The Magistrate on receiving such list and statement shall issue summonses to compel the attendance of such witnesses at the trial.

(6)

The Magistrate shall also issue summonses to compel the attendance at the trial of all the witnesses included in the list framed under subsection (1).

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