1. That the term 'WRITTEN STATEMENT' is very common and popular in the civil law of India. Every lawyer or every judge, who deals with civil court-matter knows this term 'WRITTEN STATEMENT' and know that it is filed on behalf of defendant/respondent's side. But it is very unfortunate that most of the lawyers and even magistrates/judges do not know that term 'WRITTEN STATEMENT' is also available in criminal law of this country and accused side has been given a legal right to file 'WRITTEN STATEMENT' for its defence.
2. That in the chapter 18 of the Cr. P. C., related to TRAIL BEFORE A COURT OF SESSION, it is available for accused side in section 233 of the Cr.P. C., which is read as under;
(1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.
3. That while in the chapter 19 of the Cr. P. C., related to TRAIL OF WARRANT CASES BY MAGISTRATE (A-Cases instituted on a police report), the provision of filing of 'WRITTEN STATEMENT' by accused is given in section 243 of the Cr. P. C., which is read as under;
(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.
(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 for the purposes of the trial be deposited in Court.
4. That in the same chapter i.e. chapter 19 of the Cr. P. C., related to TRAIL OF WARRANT CASES BY MAGISTRATES (B-Cases instituted otherwise than on police report), this provision is given in section 247 of Cr. P. C., which is read as under;
The accused shall then be called upon to enter upon his defence and put his evidence; and the provisions of section 243 shall apply to the case.
5. That in this way Cr. P. C. gives a very valuable right to the accused side in mostly criminal cases of submitting 'WRITTEN STATEMENT' for submitting its favourable cum relevant points in writing. This valuable right some times acts as a big weapon in the favour of accused side in his/their court matter.
Ajay Bansal, Advocate, Delhi & Hisar