Section 257 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 257 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 257 of the BNSS, 2023, pertains to the concluding phase of a criminal trial, focusing on the arguments presented by both the prosecution and the defense.
Text:
When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply: Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Explanation:
Section 257 outlines the procedure for the final arguments in a criminal trial:
Prosecution's Summing Up: After the defense has completed the examination of its witnesses, the prosecutor is required to present a summary of the case, highlighting the evidence and arguments that support the conviction of the accused.
Defense's Reply: Following the prosecutor's summing up, the accused or their advocate is entitled to respond, addressing the points raised by the prosecution and reinforcing the defense's position.
Points of Law: If the accused or their advocate raises any legal issues during their reply, the prosecution may, with the judge's permission, provide submissions on those points of law.
This section ensures that both parties have an opportunity to present their final arguments before the court proceeds to deliver a judgment.
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 257 | CrPC, Section 234 |
|---|---|---|
| Prosecution's Summing Up | Required after defense's witness examination | Required after defense's witness examination |
| Defense's Reply | Entitled to reply after prosecution's summing up | Entitled to reply after prosecution's summing up |
| Points of Law | Prosecution may make submissions with judge's permission | Prosecution may make submissions with judge's permission |
Both the BNSS and the CrPC provide a similar framework for concluding arguments in a criminal trial, ensuring fairness and the opportunity for both parties to present their final positions.
Illustrative Example:
Scenario: In a trial for alleged theft, the defense presents witnesses to testify that the accused was elsewhere at the time of the incident.
Application of Section 257:
Prosecution's Summing Up: The prosecutor summarizes the evidence, emphasizing the lack of alibi and the presence of the accused at the crime scene.
Defense's Reply: The defense counters by highlighting the credibility of their witnesses and the absence of direct evidence linking the accused to the crime.
Points of Law: The defense raises a legal point regarding the admissibility of certain evidence, to which the prosecution may respond with the judge's permission.
This process ensures that all relevant arguments are considered before the court proceeds to judgment.
Conclusion:
Section 257 of the BNSS, 2023, establishes a structured approach to the final arguments in a criminal trial, promoting fairness and thorough consideration of both the prosecution's and the defense's positions before the court delivers its judgment.
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