- No police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (Sec 302)
- Section 303 of Crpc provides that any person accused of an offence or against whom proceedings are instituted under Crpc, has the right to be defended by a pleader of his choice.
- Where it appears to the court that the accused do not have sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of state. (Sec 304)
- Provision of free legal aid is provided under section 304 of Crpc.
- Procedure when corporation or registered society is an accused is provided under section 305 of Crpc.
- Where a corporation is the accused person in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation. (Sec 305 (2))
- Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the 1st class can tender pardon to accomplice under section 306 of Crpc.
- Pardon under sec 306 can be tendered to an accomplice when he is not in a position to stand trial due to infirm health or when he is declared insane or he undertakes to make full and true disclosure of the facts relating to the offence.
- The effect of pardon under section 306 of Crpc is Discharge.
- Any person, who has accepted a tender of pardon made under section 306 or 307, has, either by wilfully concealing anything essential or by giving false evidence, not complied with the conditions in which the tender was made is to be certified by Public Prosecutor.
- Under section 308, an accomplice, who does not comply with the conditions of pardon, may be prosecuted and tried separately for the offence of giving false evidence but with the sanction of High Court.
- Power to postpone or adjourn proceedings is provided under section 309 of Crpc.
- A Magistrate can inspect for the proper appreciation of evidence under section 310, any place of the commission of offence during trial. (Local inspection)
- If a witness is examined as a prosecution witness, then later on if an application is made for summons then the trial court may call the witness under section 311 of Crpc.
- Section 311 of Crpc provides that the court has power to summon any person as a witness at any stage of trial.
- The court may examine person in attendance (court witness) under section 311 of Crpc.
- The court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
- In Zahira Habibullah Sheikh vs State of Gujarat, it was held that if it is essential for the ends of justice then he witness shall be summoned even if it amounts to rectification of mistake of the prosecution.
- Under section 311A, power is given to Magistrate of 1st class, if he is satisfied that it is expedient to direct any person to give specimen signatures or handwriting.
- Any Criminal Court may, if it thinks fir, order payment on the part of Government, of the reasonable expenses of any complainant or witness attending for the purpose of any inquiry, trial or other proceeding before such court. (Sec 312)
- During trial, statements of an accused person are recorded by the court under sections 313 of Crpc.
