Bharatiya Nagarik Suraksha Sanhita

Section 253

Date for prosecution evidence

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⚡ Quick Answer Reference: Section 253 BNSS

Provision: Section 253 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: TRIAL BEFORE A COURT OF SESSION
Jurisdiction: India
Summary: If the accused doesn't plead or claim to be tried, the judge will set a date for the prosecution to present their evidence. The judge can also order witnesses to attend and documents to be produced.

Statutory Content

What does Section 253 of BNSS say?

If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

Indian StandardSection 253, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 253 (India)

Court Pleading StandardSection 253 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 253 of BNSS mean?

Plain English Explanation

If the accused doesn't plead or claim to be tried, the judge will set a date for the prosecution to present their evidence. The judge can also order witnesses to attend and documents to be produced.

Practical Interpretation

This section is crucial in the trial process as it ensures that the prosecution has a fair opportunity to present their case. The judge's decision to set a date for the examination of witnesses and to issue process for compelling attendance or production of documents is a key step in the trial.

Core Legal Purpose

The core purpose of this section is to provide a procedural framework for the trial process, ensuring that the prosecution has a fair opportunity to present their case and that the accused is given a chance to defend themselves.

Key Legal Elements

•The accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252.
•The judge shall fix a date for the examination of witnesses.
•The judge may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
•The accused's refusal to plead or claim to be tried under section 252 is a required condition for the judge to set a date for the examination of witnesses.

Practical Example

Practical Example of Section 253 BNSS

Rajesh is accused of a crime under the BNSS. He refuses to plead or claim to be tried. The judge sets a date for the examination of witnesses and orders Priya, a key witness, to attend the trial. The judge also orders the production of a document that is crucial to the case. This section applies in this scenario as the judge is setting a date for the examination of witnesses and compelling the attendance of a witness.

Common Questions (FAQ)

Frequently Asked Questions about Section 253 BNSS

Q: What is the punishment or consequence under Section 253 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a procedural provision that applies to all trials under the BNSS.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify the offence as bailable or cognizable.

Common Questions about Section 253 BNSS

What is Section 253 of BNSS?

Section 253 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Date for prosecution evidence". In plain terms: If the accused doesn't plead or claim to be tried, the judge will set a date for the prosecution to present their evidence. The judge can also order witnesses to attend and documents to be produced.

What is the punishment under Section 253 of BNSS?

Section 253 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 253 of BNSS bailable or non-bailable?

Whether Section 253 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 253 of BNSS?

The essential elements of Section 253 of BNSS are: The accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252.; The judge shall fix a date for the examination of witnesses.; The judge may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing..

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