CrPC Section 247: Evidence for Defence – Code of Criminal Procedure

Code

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.

Explanation

• This section grants the accused the right to present evidence in their defence.
• The accused can call their own witnesses to testify on their behalf.
• They can also examine witnesses who were called by the prosecution.
• The accused can present documents and objects as evidence.
• This section ensures a fair trial by giving the accused an opportunity to challenge the prosecution’s evidence.

Illustration

Imagine a case where a person is accused of theft. The prosecution presents evidence like CCTV footage showing the accused taking an item. The accused can, under Section 247, call witnesses to testify that they were not at the scene of the crime, or that the CCTV footage is misleading. They can also produce a receipt proving they purchased the item elsewhere.

Common Questions and Answers

Q: Does the accused have to give evidence in their defence?

A: No, the accused has the right to remain silent and not give evidence. They are not required to prove their innocence.

Q: Can the accused be forced to give evidence against themselves?

A: No, the accused has the right against self-incrimination. They cannot be forced to testify against themselves.

Q: What happens if the accused chooses not to present any evidence?

A: The court will decide the case based on the evidence presented by the prosecution.

Q: What if the accused gives false evidence?

A: The court can take appropriate action, including convicting the accused based on the false evidence.