What Is BNSS Section 265?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 265: Evidence for Prosecution

(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.

Brief Detail

This section outlines the procedure for gathering evidence for the prosecution in cases where the accused does not plead or claims to be tried. It details the responsibilities of the Magistrate in fixing a date for witness examination, supplying witness statements to the accused, and allowing for summons to be issued for witnesses. Additionally, it permits various methods of recording evidence and the deferment of cross-examination.

Question & Answers

What happens if the accused refuses to plead?

If the accused refuses to plead or does not plead, the Magistrate shall fix a date for the examination of witnesses.

Must the Magistrate supply anything to the accused before the witness examination?

Yes, the Magistrate shall supply in advance the statement of witnesses recorded during the investigation by the police.

Can the prosecution request witnesses to attend or produce documents?

Yes, the Magistrate may issue a summons to witnesses at the request of the prosecution.

What is the procedure for taking evidence on the fixed date?

The Magistrate shall take all evidence produced in support of the prosecution, and may allow cross-examination to be deferred or recall witnesses for further cross-examination.

How can evidence be recorded?

Evidence of a witness may be recorded by audio-video electronic means.

Example

• Example 1: If an accused person claims to be tried and does not plead, the Magistrate schedules a date to examine witnesses and ensures that the accused receives witness statements beforehand.
• Example 2: During a trial, the prosecution requests a witness to attend court via a summons, and on the scheduled date, the Magistrate records the witness’s testimony using audio-video equipment.

Summary

Section 265 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the process for obtaining evidence for prosecution in cases where the accused does not plead or claims to be tried. It specifies the role of the Magistrate in managing witness examinations, ensuring the accused is informed, and allowing for various methods of evidence presentation and cross-examination.