(1) If the accused refuses to plead or does not plead, or claims to be tried or the
Magistrate does not convict the accused under section 264, the Magistrate shall fix a date
for the examination of witnesses:
Provided that the Magistrate shall supply in advance to the accused, the statement of
witnesses recorded during investigation by the police.
(2) The Magistrate may, on the application of the prosecution, issue a summons to
any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may
be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be
deferred until any other witness or witnesses have been examined or recall any witness for
further cross-examination:
Provided further that evidence of a witness under this sub-section may be recorded
by audio-video electronic means.
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