Section 226 CrPC: Opening Case for Prosecution in India’s Code of Criminal Procedure

1. The Code

Section 226 of the Code of Criminal Procedure (CrPC) deals with the opening of the prosecution case in a criminal trial.

2. Explanation

This section outlines the procedure for the prosecution to formally commence presenting its evidence in a criminal trial. It establishes the following key steps:

• Opening Statement: The Public Prosecutor (PP) begins by delivering an opening statement, outlining the charges against the accused, the facts of the case, and the evidence they intend to present.
• Production of Witnesses: The PP then calls their witnesses to the stand, starting with those whose testimony is considered crucial for proving the case.
• Examination-in-Chief: The PP examines their own witnesses to elicit evidence supporting the charges. This is called examination-in-chief.
• Cross-Examination: After examination-in-chief, the defense counsel gets to cross-examine the prosecution witnesses, challenging their testimony and testing its credibility.
• Re-Examination: If needed, the PP can re-examine their own witnesses to address points raised during cross-examination.

3. Illustration

Let’s consider a hypothetical case of theft. In a theft case, the PP may begin by outlining the charges against the accused, detailing the stolen items, and the date and location of the crime. They would then call witnesses like the victim, who can testify about the theft, and potentially police officers who investigated the scene and collected evidence.

4. Common Questions and Answers