Section 254 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 254 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure for recording evidence presented by the prosecution during a criminal trial.
📜 Section 254: Evidence for Prosecution
Sub-section (1):
On the date fixed for the trial, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution. The evidence of a witness under this sub-section may be recorded by audio-video electronic means
Sub-section (2):
The deposition of evidence of any public servant may be taken through audio-video electronic means.
Sub-section (3):
The Judge may, in his discretion, 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
⚖️ Comparison with CrPC Section 231
Section 254 of the BNSS, 2023 is analogous to Section 231 of the Code of Criminal Procedure (CrPC), 1973, which also deals with the procedure for recording evidence for the prosecution. Both sections empower the Judge to record evidence on the fixed date and allow for the recording of witness testimony through electronic means. However, the BNSS, 2023 explicitly mentions the use of audio-video electronic means for recording evidence, reflecting a modern approach to evidence recording.
🧾 Example Scenario
Scenario:
In a criminal trial, the prosecution presents a witness who is a public servant. The Judge, adhering to Section 254 of the BNSS, 2023, decides to record the witness's testimony using audio-video electronic means to ensure accuracy and efficiency. During the trial, the Judge permits the cross-examination of the witness to be deferred until other witnesses have been examined, exercising discretion as provided in Sub-section (3).
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