Code
When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Explain it
Section 234 CrPC states that after the prosecution has concluded presenting its case, the accused has the right to present their arguments in their defense. This includes:
- Presenting evidence in their defense.
- Examining witnesses.
- Cross-examining prosecution witnesses.
- Presenting legal arguments on why they should not be found guilty.
This section emphasizes the principle of fair trial and ensures that the accused has a fair opportunity to defend themselves against the charges.
Illustrate it
Imagine a case where a person is accused of theft. After the prosecution presents its evidence and witnesses, the accused can then:
- Present their own alibi, proving they were not at the scene of the crime.
- Call witnesses who can vouch for their character and innocence.
- Present legal arguments about the lack of sufficient evidence.
Common Questions and Answers:
Q: Can the accused choose not to present arguments?
A: Yes, the accused has the right to remain silent and not present any arguments. However, this can be interpreted as accepting the prosecution’s evidence.
Q: What happens if the accused presents false evidence?
A: Presenting false evidence can have serious consequences, including perjury charges.
Q: Can the accused be denied the right to present arguments?
A: No, the accused has a fundamental right to present arguments in their defense, which cannot be denied by the court.
