§ 163 — When Case for the Defence is served

163.—(1) At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the defence must —(a)

file in court the Case for the Defence; and

(b)

serve a copy of that Case on the prosecution and on every co‑accused who is claiming trial with the accused (if any),

not later than 2 weeks after the date on which the further criminal case disclosure conference is held.

[19/2018]

(2) The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements, exhibits and records mentioned in section 166(1).[19/2018]

(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —(a)

the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and

(b)

the court may consider the accused’s evidence under the cross-examination and draw such inference as it thinks fit under section 169(1)(a) or (aa).[Act 5 of 2024 wef 14/02/2025]

—(1) At the further criminal case disclosure conference held on the date mentioned in section 161(4), or such other date to which the further criminal case disclosure conference has been adjourned under section 238, if the defence does not indicate that the accused wishes to plead guilty, the defence must —(a)

file in court the Case for the Defence; and

(b)

serve a copy of that Case on the prosecution and on every co‑accused who is claiming trial with the accused (if any),

not later than 2 weeks after the date on which the further criminal case disclosure conference is held.

[19/2018]

(2) The court may at any time fix a date for a further criminal case disclosure conference which is to be held after the Case for the Defence is to be filed under subsection (1) and after the prosecution is to serve on the defence copies of the statements, exhibits and records mentioned in section 166(1).[19/2018]

(3) If the defence does not file in court the Case for the Defence, or does not serve the Case for the Defence, as required under subsection (1) —(a)

the accused may be cross‑examined on why the Case for the Defence was not filed or served, as the case may be; and

(b)

the court may consider the accused’s evidence under the cross-examination and draw such inference as it thinks fit under section 169(1)(a) or (aa).[Act 5 of 2024 wef 14/02/2025]