Code:
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, 97 and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing
Explanation:
This section deals with the procedure to be followed when the accused in a criminal trial refuses to plead, does not plead, or claims to be tried or is not convicted under Section 252. In such situations, the Judge must schedule a date for the examination of witnesses. Further, the Judge can, upon request by the prosecution, issue orders to compel the attendance of any witness or the production of documents or other evidence.
Illustration:
Imagine a case where the accused remains silent and refuses to enter a plea. The Judge, in accordance with Section 253, will set a date for the examination of witnesses. The prosecution can then request the Judge to issue summons to bring the necessary witnesses to court or to obtain documents that are crucial to the case.
Common Questions and Answers:
Q: What happens if the accused refuses to plead?
- A: The Judge will proceed as if the accused had pleaded “not guilty” and fix a date for the examination of witnesses.
Q: Can the Judge force the accused to plead?
- A: No, the accused has the right to remain silent and not enter a plea. The Judge will proceed according to the provisions of Section 253.
Q: What is the purpose of issuing process to compel witness attendance?
- A: It ensures that the prosecution can gather all the necessary evidence to present its case effectively.
