Criminal Procedure Code
131
give evidence on his own behalf, and if he elects to give evidence
on his own behalf shall call his attention to the principal points
in the evidence for the prosecution which tell against him in
order that he may have an opportunity of explaining them.
(2) The failure at any trial of any accused to give evidence shall
not be made the subject of adverse criticism by the prosecution.
Procedure where accused does not understand proceedings
258. If the accused, though not insane, cannot be made to
understand the proceedings the Court may proceed with the trial
and, in the case of the Court of a Magistrate if the trial results
in a conviction, the proceedings shall be forwarded to the High
Court with a report of the circumstances of the case, and the
Court of a Judge shall make therein such order or pass such
sentence as it thinks fit.
Power to postpone or adjourn proceedings
259. (1) If, from the absence of a witness or any other reasonable
cause, it becomes necessary or advisable to postpone the
commencement of or adjourn any inquiry or trial the Court may,
by order in writing, from time to time, postpone or adjourn the
same on such terms as it thinks fit for such time as it considers
reasonable and may, by warrant, remand the accused if in custody:
Provided that no Magistrate shall remand an accused person
to custody under this section for a term exceeding eight days at
a time:
Provided further that where a Government Medical Officer has
certified that the complainant will not be able to give evidence
before a certain date the accused may be remanded until such
date notwithstanding that the term of remand may exceed eight
days.
(2) Every order made under this section by the Court of a
Magistrate shall be in writing, signed by the presiding Magistrate,
and shall state the reasons for it.
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