Section 277 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 277 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 277: Procedure when not convicted
Hearing of Prosecution and Defense:
If the Magistrate does not convict the accused under Section 275 or Section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. The Magistrate shall also hear the accused and take all such evidence as the accused produces in defense.()
Issuance of Summons:
The Magistrate may, if deemed appropriate, upon the application of the prosecution or the accused, issue a summons to any witness directing them to attend or to produce any document or other thing.
Depositing Witness Expenses:
Before summoning any witness on such application, the Magistrate may require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in court.(
Explanation:
Section 277 outlines the procedure to be followed when a Magistrate does not convict the accused at the stage of Section 275 (conviction on plea of guilty) or Section 276 (conviction on plea of guilty in absence of accused in petty cases). In such cases, the trial proceeds with the Magistrate hearing both the prosecution and the defense, allowing both parties to present their evidence. The section also provides the Magistrate with the discretion to summon witnesses and require the deposition of their reasonable expenses before they attend the trial.
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 277 | CrPC, Section 254 |
|---|---|---|
| Procedure when not convicted | Magistrate hears prosecution and defense, may summon witnesses, and require deposition of witness expenses | Magistrate hears prosecution and defense, may summon witnesses, and require deposition of witness expenses |
Both the BNSS and the CrPC provide similar procedures for cases where the accused is not convicted at the initial stages, ensuring that both parties have the opportunity to present their case fully.
Illustrative Example:
Scenario: An individual, Ravi, is accused of theft. During the initial stages, the Magistrate does not convict him under Sections 275 or 276
Application of Section 277:
Hearing of Prosecution and Defense: The Magistrate proceeds to hear the prosecution, who presents additional evidence, and then hears Ravi, who provides his defense.
Issuance of Summons: Ravi's lawyer requests the Magistrate to summon a witness who can testify to his alibi.
Depositing Witness Expenses: The Magistrate requires Ravi to deposit the reasonable expenses of the witness before issuing the summons.
This process ensures a fair trial where both parties have the opportunity to present their case and evidence.
Conclusion:
Section 277 of the BNSS, 2023, provides a structured approach for cases where the accused is not convicted at the initial stages, ensuring that both the prosecution and defense have the opportunity to present their evidence. By aligning with the provisions of the CrPC, it maintains consistency in the legal framework governing criminal procedures.
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