(1) 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. (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 256
Entering upon defence
Englishहिंदी
⚡ Quick Answer Reference: Section 256 BNSS
- Provision: Section 256 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL BEFORE A COURT OF SESSION
- Jurisdiction: India
- Summary: The accused must present their defence and evidence if not acquitted under section 255. They can submit a written statement and request witnesses or documents.
Statutory Content
What does Section 256 of BNSS say?
Indian StandardSection 256, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 256 (India)
Court Pleading StandardSection 256 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/256
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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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 256 of BNSS mean?
Plain English Explanation
The accused must present their defence and evidence if not acquitted under section 255. They can submit a written statement and request witnesses or documents.
Practical Interpretation
In practice, this section allows the accused to defend themselves by presenting evidence and calling witnesses after the prosecution's case.
Core Legal Purpose
The core purpose is to ensure the accused has a fair opportunity to defend themselves against the charges by presenting their case.
Key Legal Elements
- •The accused is not acquitted under section 255.
- •The accused must be called upon to enter on their defence.
- •The Judge must issue process for compelling attendance of witnesses or production of documents unless it's for vexation or delay.
- •The application for process can be refused if made for vexation, delay, or defeating the ends of justice.
Practical Example
Practical Example of Section 256 BNSS
Rajesh is accused of a crime and not acquitted under section 255. He submits a written statement to the Judge and requests the attendance of his colleague, Priya, as a witness. The Judge issues a process to compel Priya's attendance unless Rajesh's application is deemed to be made for vexation or delay.
Common Questions (FAQ)
Frequently Asked Questions about Section 256 BNSS
Q: What is the punishment or consequence under Section 256 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 accused individuals in a criminal trial.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 256 BNSS
What is Section 256 of BNSS?
Section 256 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Entering upon defence". In plain terms: The accused must present their defence and evidence if not acquitted under section 255. They can submit a written statement and request witnesses or documents.
What is the punishment under Section 256 of BNSS?
Section 256 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 256 of BNSS bailable or non-bailable?
Whether Section 256 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 256 of BNSS?
The essential elements of Section 256 of BNSS are: The accused is not acquitted under section 255.; The accused must be called upon to enter on their defence.; The Judge must issue process for compelling attendance of witnesses or production of documents unless it's for vexation or delay..
Landmark Case Laws
Landmark Judgments under Section 256 BNSS
Patnahcucisdb94 High Court (10 8)
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