266. (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:
Provided that when the accused has cross-examined or had the opportunity
of
cross-examining any witness before entering on his defence, the attendance
of such witness shall not be compelled under this section, unless the
Magistrate is satisfied that it is necessary for the ends of justice:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending the purposes of the trial be deposited in Court.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 261 Compliance with section 230
Section 262 When accused shall be discharged
Section 264 Conviction on plea of guilty
Section 265 Evidence for prosecution
Section 266 Evidence for defence
Section 267 Evidence for prosecution
Section 268 When accused shall be discharged