Section 253 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
There’s still some confusion here—Section 253 does not exist in the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which only comprises Sections 1–170 (mha.gov.in).
However, Section 253 does exist in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Here’s what it covers:
📌 Section 253 BNSS – “Date for Prosecution Evidence”
This section falls within Chapter 19 (Trial Before a Court of Session) of BNSS and mandates the following (law4u.in):
If the accused refuses to plead, does not plead, claims to be tried, or is not convicted under Section 252,
the Judge must fix a date for examination of prosecution witnesses.
Additionally, the Judge may issue processes (e.g., summons or warrants) to compel witness attendance or production of documents, at the prosecution’s request (law4u.in).
⚖️ Judicial Interpretation:
Courts have clarified that this section:
Confers discretion to summon only those witnesses deemed necessary,
Does not require all possible witnesses to be summoned initially (cytrain.ncrb.gov.in, livelaw.in).
✅ Summary
| Act | Has Section 253? | Covers |
|---|---|---|
| BSA (Evidence Act) | ❌ No | Sections 1–170 only |
| BNSS (Criminal Procedure) | ✅ Yes | Sets date for prosecution evidence and witness summons |
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