CrPC Section 243
**Section 243 of the Code of Criminal Procedure (CrPC), 1973 (India)** pertains to the **defence evidence in warrant cases instituted otherwise than on a police report**. Here's a clear breakdown:
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### 🔹 **Section 243 – Evidence for Defence**
#### **Sub-section (1):**
After the accused is given the opportunity to enter his defence (under Section 242), and if the accused does not plead guilty, **he is entitled to present evidence in his defence**.
The magistrate shall:
* Fix a date for the defence evidence.
* On application by the accused, issue summonses to any witnesses the accused wants to call, **including for documents**.
#### **Sub-section (2):**
If the accused applies for **processes to compel the attendance of any witness or the production of any document or thing**, the magistrate must issue such processes **unless** he considers:
* The application is **vexatious, frivolous, or intended to delay proceedings**.
In that case, reasons must be recorded in writing for refusal.
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### 🔸 **Context and Purpose:**
* This section ensures a **fair trial** by allowing the accused to **present his case and evidence**.
* It reflects the **principle of natural justice** – that both prosecution and defence must be given full opportunity to present their case.
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### ✅ Key Points:
| Feature | Details |
| ---------------- | --------------------------------------------------------------------- |
| Applicable to | Warrant cases instituted otherwise than on a police report |
| Right of accused | To present evidence in defence |
| Court's duty | To issue process unless the application is intended to cause delay |
| Safeguard | Magistrate must record reasons if refusing any request by the accused |
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