Chapter XIX
Section 242 CrPC: Evidence for prosecution
New Law Update (2024)
Section 262 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If the accused refuses to plead or does not plead, or claims to be tried, or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
Important Sub-Sections Explained
Section 242(1)
This crucial subsection mandates that if an accused does not plead guilty to charges in a warrant case, the Magistrate must fix a specific date for the prosecution to present its evidence and examine its witnesses. This ensures that the trial proceeds systematically after the accused’s initial plea.
Proviso to Section 242(3)
This proviso grants the Magistrate the discretion to allow the cross-examination of a witness to be postponed until other witnesses have testified, or to recall a witness for further cross-examination. This power is vital for maintaining flexibility in presenting evidence and ensuring fairness in the trial process.
Landmark Judgements
S.J. Choudhary v. State (Delhi Admn.) (1987 SCC (Cri) 697):
This case elucidates the mandatory nature of Section 242(1) CrPC, stating that if an accused does not plead guilty, the Magistrate is bound to fix a date for the examination of prosecution witnesses. It emphasizes that the prosecution must be given a fair opportunity to produce its evidence.
Babubhai v. State of Gujarat (1998 (1) GLR 447):
This judgment highlights the Magistrate’s discretion under the proviso to Section 242(3) CrPC to defer the cross-examination of a witness until other witnesses have been examined, or to recall a witness for further cross-examination. This power is intended to ensure a fair and effective trial, allowing for a strategic presentation of evidence.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS AT [City]
C.C. NO. [Case Number] OF [Year]
IN RE:
STATE/COMPLAINANT
VERSUS
[ACCUSED NAME]
APPLICATION UNDER SECTION 242(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973, FOR ISSUANCE OF SUMMONS TO PROSECUTION WITNESSES
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is currently pending before this Hon’ble Court for the recording of prosecution evidence.
2. That for the just and proper adjudication of the matter and to prove the charges levelled against the accused, the prosecution needs to examine certain material witnesses.
3. That the following witnesses are essential for the prosecution to present its case effectively and their attendance is necessary for the ends of justice.
List of Witnesses:
1. [Witness Name 1], [Father’s Name], [Address], [Contact Number] (For [purpose of testimony/document])
2. [Witness Name 2], [Father’s Name], [Address], [Contact Number] (For [purpose of testimony/document])
3. … (Add more as needed)
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:
a) Issue summons to the above-mentioned witnesses, directing them to appear before this Hon’ble Court on a date to be fixed by the Court, for their examination.
b) Issue directions for the production of any relevant documents or things by the said witnesses, if required.
c) Pass any other order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Date: [Date]
Place: [City]
[Signature]
[Name of Public Prosecutor/Complainant’s Counsel]
Public Prosecutor/[Counsel for Complainant]