270. Number of witnesses to be sent up. [§ 12, Act V, 1861].
- It lies with the police, subject to general instructions from the Magistrate, to determine what evidence is necessary to establish a charge, and what number of witnesses are required to prove each fact. Much will, of course, depend on whether the fact is seriously disputed or not. Where the fact to be proved is not likely to be disputed, unnecessary witnesses should not be harassed by being sent in. Under section 171, Code of Criminal Procedure, no witness or complainant can be required to accompany a police officer. A witness refusing to execute a bond may be sent up in custody.
