CrPC Section 233
Criminal Procedure Code (CrPC) – Section 233: Power to Summon Material Witness
Section 233 of the Criminal Procedure Code (CrPC) empowers the Magistrate to summon any person whose presence is considered material for the purpose of an investigation, inquiry, or trial. This section ensures that witnesses crucial to the case are legally compelled to attend court proceedings.
Purpose:
The purpose of Section 233 is to provide the court with the authority to compel the attendance of material witnesses whose testimony or evidence is essential to establish facts in a criminal case.
Key Provisions of Section 233:
Who Can Issue Summons:
Any Magistrate may summon a person whose presence is considered material to the case.
Material Witness:
A "material witness" is someone who has evidence or information important to the case, and without whose testimony the truth may be difficult to ascertain.
Purpose of Summoning:
The summoned person may be required to attend for:
Investigation,
Inquiry, or
Trial of a criminal case.
Procedure:
The Magistrate issues a summons directing the witness to appear at a specified time and place.
Penalty for Non-Attendance:
If the summoned witness fails to attend without valid reasons, the court may take appropriate action, including issuing a warrant for their arrest.
Importance of Section 233:
Ensures Fair Trial: Secures attendance of key witnesses whose evidence may affect the outcome of the case.
Supports Investigation and Prosecution: Helps in collecting necessary evidence to establish facts.
Legal Authority: Provides a formal legal mechanism to compel attendance and prevent evasion by witnesses.
Practical Example:
In a murder trial, the Magistrate may summon a person who saw the incident or has important information relevant to the case as a material witness under Section 233.
Conclusion:
Section 233 of the CrPC is an essential provision that empowers Magistrates to summon material witnesses necessary for the investigation, inquiry, or trial, ensuring that justice is served by enabling full and fair evidence collection.
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