Section 265 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 265 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 pertains to the presentation of evidence by the prosecution during a trial. It outlines the procedures a Magistrate must follow when the accused refuses to plead, does not plead, or claims to be tried, or when the Magistrate does not convict the accused under Section 264.
🧾 Section 265: Evidence for Prosecution
1. Examination of Witnesses
When Applicable: This section applies if the accused refuses to plead, does not plead, claims to be tried, or if the Magistrate does not convict the accused under Section 264.
Action by Magistrate: The Magistrate shall fix a date for the examination of witnesses.(myjudix.com)
Provision of Witness Statements: The Magistrate shall supply in advance to the accused the statement of witnesses recorded during the investigation by the police.
2. Summoning of Witnesses
Application by Prosecution: The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing them to attend or to produce any document or other thing.
3. Taking of Evidence
Proceedings on Fixed Date: On the date fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.
Deferring Cross-Examination: 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.
Electronic Examination: The examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government
⚖️ Comparison with Indian Penal Code (IPC)
Section 265 of the BNSS is broadly analogous to Section 242 of the Indian Penal Code (CrPC), which governs the presentation of evidence by the prosecution in a trial. Both provisions ensure that the prosecution presents its evidence in a structured manner, allowing the defense an opportunity to cross-examine witnesses and ensuring a fair trial process.
🧭 Key Takeaways
Structured Presentation: The section mandates a structured approach to presenting evidence, ensuring that the prosecution's case is clearly laid out.
Fair Trial: By allowing the defense to cross-examine witnesses and deferring cross-examination if necessary, the section upholds the principles of natural justice.
Modernization: The provision for electronic examination of witnesses reflects an adaptation to modern technological advancements, facilitating the participation of witnesses who may be unable to attend in person.
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