Section 247 CrPC: Evidence for defence

Chapter XIX

accused's rights, Defence evidence, Fair trial, right to defence, summons case, trial procedure

New Law Update (2024)

Section 263 BNSS

TRIAL COURT

Magistrate's Court

Punishment

Procedural – Evidence / Witnesses

Cognizable?

Bailable?

Compoundable?

Bare Act Text

The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case.

Important Sub-Sections Explained

Landmark Judgements

Smt. Anita Singh v. State of U.P. and Ors. (2018):

The Allahabad High Court underscored the mandatory nature of providing the accused an opportunity to present defence evidence under Section 247 CrPC. It clarified that applications filed under Section 243 CrPC for summoning defence witnesses must be duly considered and processed by the Magistrate.

Santosh Kumar Sharma v. State of M.P. (2016):

The Madhya Pradesh High Court held that Section 247 CrPC places a clear obligation on the Magistrate to afford the accused a fair chance to produce their defence evidence. It affirmed the accused’s right to apply under Section 243 CrPC to compel the attendance of witnesses or production of documents, which the Magistrate is bound to act upon.

Draft Format / Application

IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE
AT [Place]

Criminal Case No. [____] of [Year]
(State/Complainant)
Vs.
[Name of Accused]
(Accused)

APPLICATION FOR SUMMONING DEFENCE WITNESSES/DOCUMENTS UNDER SECTION 247 READ WITH SECTION 243 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHOWETH:

1. That the above-mentioned criminal case is pending before this Hon’ble Court, and the prosecution evidence stands closed.
2. That the accused has been called upon to enter upon his defence and produce his evidence as per the provisions of Section 247 of the Code of Criminal Procedure, 1973.
3. That for a just and proper defence, the accused intends to examine the following witnesses and/or produce the following documents, which are essential for establishing the defence.
4. That the accused most humbly submits that the attendance of the said witnesses and/or production of the said documents is necessary for the ends of justice and for a fair trial.
5. That the accused, therefore, prays that this Hon’ble Court may be pleased to issue summons/warrants/processes, as deemed fit, for compelling the attendance of the following defence witnesses and/or production of the following documents:

**LIST OF DEFENCE WITNESSES:**
1. [Name of Witness], [Father’s Name], [Address]
Purpose: [Brief purpose of examination, e.g., To prove alibi, To depose about specific incident, etc.]
2. [Name of Witness], [Father’s Name], [Address]
Purpose: [Brief purpose]
(Add more as required)

**LIST OF DEFENCE DOCUMENTS (if any):**
1. [Description of Document], [Date], [Relevance]
2. [Description of Document], [Date], [Relevance]
(Add more as required)

PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Issue summons/warrants/processes for compelling the attendance of the aforesaid defence witnesses on a date to be fixed by this Hon’ble Court.
b) Issue summons/orders for the production of the aforesaid defence documents from the concerned custodian/authority.
c) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

Dated this [Day] day of [Month], [Year].

Place: [Place]

[Signature of Accused/Counsel for Accused]
[Name of Accused/Counsel]
[Advocate for the Accused]
[Roll No.]

Chapter XIX