Section 180

when the accused appears or is brought before the court, a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried;

if the accused pleads guilty to a charge whether as originally framed or as amended, the plea shall be recorded and he may be convicted on it:Provided that before a plea of guilty is recorded the court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit without qualification the offence alleged against him;

if the accused refuses to plead or does not plead or claims to be tried, the court shall proceed to hear the complainant, if any, and to take all such evidence as is produced in support of the prosecution;

when the court thinks it necessary, it shall obtain from the complainant or otherwise the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon to give evidence before itself such of them as it thinks necessary;

the accused shall be allowed to cross-examine all the witnesses for the prosecution;

if upon taking all the evidence referred to in paragraph (c) and paragraph (d), (if any) the court finds that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the court shall record an order of acquittal;

nothing in paragraph (f) shall be deemed to prevent the court from acquitting the accused at any previous stage of the case if, for reasons to be recorded by the court, it considers the charge to be groundless;

if when such evidence has been taken the court is of opinion that there are grounds for presuming that the accused has committed the offence charged or some other offence which that court is competent to try and which in its opinion it ought to try, it shall consider the charge recorded against the accused and decide whether it is sufficient and, if necessary, shall amend it;

the charge, if amended, shall be read to the accused as amended and he shall be again asked whether he is guilty or has any defence to make;

if the accused does not plead guilty to the charge as amended or if no amendment is made, the accused shall then be called upon to enter upon his defence;

(i)before any evidence is called for the defence, the court shall tell the accused that he will be called upon by the court to give evidence in his own defence and shall tell him in ordinary language what the effect will be if, when so called upon, he refuses to be sworn or affirmed; and thereupon the court shall call upon the accused to give evidence;

if any accused person elects to give evidence his evidence shall be taken before that of other witnesses for the defence;

any accused person who elects to give evidence may be cross-examined on behalf of any other accused person;

any accused person shall, at any time while he is making his defence, be allowed to recall and cross-examine any witness present in the court or its precincts;

(i)if the accused applies to the court to issue any process for compelling the attendance of any witness, whether he has or has not been previously examined in the case, for the purpose of examination or cross-examination or the production of any document or other thing, the court shall issue the process unless it considers that the 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, in which case that ground shall be recorded by it in writing; [Form 30.](ii)the court may, before summoning any witness on such application, require that his reasonable expenses incurred in attending for the purposes of the trial shall be deposited in court;

(i)if the court finds the accused not guilty, the court shall record an order of acquittal, and shall, provided no other charge is pending against him, forthwith release the accused;

if the court finds the accused guilty or a plea of guilty is recorded against him, it shall record a conviction and pass sentence according to law either forthwith or on such day as the court may appoint; [Form 29.](o)when the proceedings have been instituted upon the complaint of some person upon oath under section 133 and upon any day fixed for the hearing of the case the complainant is absent and the offence may lawfully be compounded, the court may, in its discretion notwithstanding anything hereinbefore contained, discharge the accused at any time before calling upon him to enter upon his defence;

if the accused does not appear at the time and place mentioned in the summons and it appears to the court on oath that the summons was duly served a reasonable time before the time appointed in it for appearing and no sufficient ground is shown for an adjournment, the court may either proceed ex parte to hear and determine the complaint or may postpone the hearing to a future day. [179