Section 256 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 256 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 256
Entering upon defence
Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
If the accused puts in any written statement, the Judge shall file it with the record.
If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 256 of the BNSS, 2023, corresponds to Section 233 of the Indian Penal Code (IPC), which also deals with the procedure for entering upon the defence in criminal trials. Both provisions outline the steps the court must take to ensure the accused has an opportunity to present their defence, including adducing evidence and requesting the attendance of witnesses.
🧭 Purpose and Significance
Ensuring Fair Trial: This section ensures that the accused has a fair opportunity to present their defence, which is a fundamental principle of natural justice.
Judicial Efficiency: By providing a clear procedure for entering upon the defence, this section helps in streamlining the trial process, reducing delays, and promoting judicial efficiency.
Protection of Rights: It safeguards the rights of the accused by allowing them to submit written statements and request the attendance of witnesses, thereby ensuring their right to a fair hearing.
RELATED Blog
comments