Criminal Procedure Code
129
(2) At any stage of any trial before a Sessions Court or a
Magistrates Court before the delivery of judgment, the officer
conducting the prosecution may, if he thinks fit, inform the Court
that he does not propose further to prosecute the accused upon the
charge, and thereupon all proceedings on the charge against the
accused may be stayed by leave of the Court and, if so stayed,
the accused shall be discharged of and from the same.
(3) Such discharge shall not amount to an acquittal unless the
Court so directs.
Reinstatement of trial after discharge
254a. (1) Subject to subsection (2), where an accused has been
given a discharge by the Court and he is recharged for the same
offence, his trial shall be reinstated and be continued as if there
had been no such order given.
(2) Subsection (1) shall only apply where witnesses have been
called to give evidence at the trial before the order for a discharge
has been given by the Court.
Right of accused to be defended
255. Subject to any express provision of law to the contrary,
every person accused before any criminal Court may of right be
defended by an advocate.
Court may put questions to accused
256. (1) For the purpose of enabling the accused to explain
any circumstances appearing in the evidence against him, the
Court may at any stage of a trial, without previously warning
the accused, put such questions to him as the Court considers
necessary.
(2) For the purpose of this section the accused shall not be
sworn and he shall not render himself liable to punishment by
refusing to answer the questions or by giving false answers to
them, but the Court may draw such inference from the refusal
or answers as it thinks just.
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