Section 230 CrPC: Deadline for Prosecution Evidence – India’s Code of Criminal Procedure

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Section 230 CrPC: Deadline for Prosecution Evidence – India’s Code of Criminal Procedure

1. State the Code

Section 230 of the Code of Criminal Procedure (CrPC), 1973, deals with the deadline for the prosecution to produce its evidence in a criminal trial.

2. Explanation

This section outlines the time frame within which the prosecution must complete presenting its evidence. It states that:

  • Once the accused pleads not guilty, the prosecution must present all its evidence within a reasonable time.
  • The court has the discretion to decide what constitutes a “reasonable time” based on the complexity of the case and other relevant factors.
  • If the prosecution fails to produce its evidence within the specified time, the court can discharge the accused, unless the delay is justified by exceptional circumstances.

3. Illustration

Let’s consider a scenario where a person is accused of theft. The prosecution has collected evidence, including witness statements and CCTV footage. According to Section 230, the prosecution must present this evidence within a reasonable time after the accused pleads not guilty. If the prosecution delays significantly without sufficient justification, the court can discharge the accused due to the prosecution’s failure to complete its case within a reasonable timeframe.

4. Common Questions and Answers

Q. What constitutes a “reasonable time” for producing evidence?

A. There’s no fixed timeframe. The court assesses it based on factors like the nature of the offense, the complexity of the case, the number of witnesses, and the availability of evidence.

Q. Can the prosecution be granted more time?

A. Yes, the court can grant extensions if there are compelling reasons, such as unforeseen circumstances or the need to collect additional evidence.

Also Read  CrPC Section 434: Concurrent Power of Central Government in Death Sentence Cases

Q. What happens if the prosecution fails to produce evidence within the allotted time?

A. The accused can be discharged, unless the prosecution demonstrates that the delay was unavoidable due to exceptional circumstances.

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