CrPC Section 289
Section 289 CrPC – Defence evidence
This section is part of Chapter XXIII of the CrPC, which deals with trial before a Court of Session.
📜 Bare Text of Section 289 CrPC:
"The accused shall then be called upon to enter on his defence and produce his evidence; and if the accused puts in any written statement, the Judge shall file it with the record.
If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or other thing, the Judge 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."
🔍 Explanation of Section 289 CrPC
🔹 1. Stage of Trial
Section 289 comes into play after:
The prosecution has completed presenting its evidence (witnesses and documents),
The court has examined the accused under Section 313 CrPC, and
The court has considered whether there is sufficient ground to proceed further.
At this point, if the court decides that the accused has a case to answer, it gives the accused an opportunity to enter on his defence.
🔹 2. Right to Present a Defence
The section empowers the accused to:
Make a written or oral defence, and
Produce evidence (documents, witnesses, etc.) in support of that defence.
🔸 Note: The accused is not obliged to produce evidence or testify, because in Indian criminal jurisprudence, the burden of proof lies on the prosecution, and the accused is presumed innocent until proven guilty.
🔹 3. Written Statement
If the accused submits a written statement, the judge:
Must include it in the record of the trial,
Is expected to consider its contents while evaluating the overall case.
This can be a strategic move by the defence to state their side clearly and preserve their arguments in written form.
🔹 4. Summoning Defence Witnesses or Evidence
The accused can apply to the court for:
Summoning witnesses, or
Producing documents or other things (e.g., evidence items).
The court must allow this unless:
The application is frivolous, or
Intended to delay proceedings, or
Aims to defeat justice (e.g., by harassing witnesses or misusing court process).
So, while the accused has a right to defend, the court has discretion to prevent abuse of the process.
🔹 5. Discretion of the Judge
The Judge must act fairly and judiciously.
If a defence witness is relevant and material, the Judge should issue summons.
But if the Judge believes the request is just a tactic to delay, it can be denied with reasons recorded.
⚖️ Key Principles Highlighted in Section 289
Right to fair trial and natural justice.
Ensures that both sides are heard – not just prosecution.
The accused has the right to challenge and disprove the prosecution’s case.
Judicial discretion is balanced with the accused’s right to a defence.
📌 Example Scenario
Imagine an accused is on trial for robbery. The prosecution finishes presenting its case. Now:
The court examines the accused under Section 313.
Then under Section 289, the court asks the accused if he wants to present evidence.
The accused may bring witnesses who saw him elsewhere at the time (alibi).
He may file a written statement explaining his side.
If he applies to summon those witnesses, the Judge will issue summons unless it's clearly a delay tactic.
✅ Summary
| Aspect | Description |
|---|---|
| What it deals with | Accused presenting defence evidence during Sessions trial |
| Rights given | Right to file written statement and summon defence evidence |
| Court’s Role | Must allow reasonable applications; can deny if abuse is suspected |
| Purpose | Ensure fair trial by allowing accused to contest the prosecution case |
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