Section 242 of CrPC : Section 242: Evidence For Prosecution

Explanation using Example

Imagine a scenario where an individual, named Raj, is accused of theft and brought before a Magistrate. When asked to plead guilty or not guilty, Raj neither pleads nor denies the charge but instead demands to be tried. Since Raj does not enter a plea, the Magistrate, adhering to Section 242(1) of The Code of Criminal Procedure, 1973, schedules a date for witness examination and ensures that Raj receives the statements of the witnesses beforehand.

Leading up to the trial, the prosecution realizes that an important document held by a local shopkeeper could support their case. Under Section 242(2), the prosecution requests the Magistrate to issue a summons to the shopkeeper, compelling him to attend the court hearing with the document.

On the fixed date, as per Section 242(3), the Magistrate begins to take evidence from the prosecution's witnesses. During the proceedings, the Magistrate decides that the cross-examination of the shopkeeper should be postponed until after another key witness has testified. This is to ensure that the questioning of the shopkeeper can be informed by the testimony of the previous witness.