(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses: Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that 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: Provided further that 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.
Bharatiya Nagarik Suraksha Sanhita
Section 265
Evidence for prosecution
⚡ Quick Answer Reference: Section 265 BNSS
- Provision: Section 265 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: This section outlines the procedure for examining witnesses in a prosecution case, including the supply of witness statements to the accused and the possibility of cross-examination.
What does Section 265 of BNSS say?
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What does Section 265 of BNSS mean?
Plain English Explanation
This section outlines the procedure for examining witnesses in a prosecution case, including the supply of witness statements to the accused and the possibility of cross-examination.
Practical Interpretation
In practice, this section ensures that the prosecution can present its case by examining witnesses, while also protecting the rights of the accused by providing them with witness statements in advance.
Core Legal Purpose
The core purpose of this section is to establish a fair and efficient procedure for the examination of witnesses in a prosecution case, balancing the rights of the accused with the need for the prosecution to present its evidence.
- •The accused refuses to plead or does not plead, or claims to be tried, or the Magistrate does not convict the accused under section 264.
- •The Magistrate fixes a date for the examination of witnesses and supplies the accused with the statement of witnesses recorded during investigation.
- •The Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined.
- •The examination of a witness may be done by audio-video electronic means at a designated place notified by the State Government.
Practical Example of Section 265 BNSS
For example, in a case where Rajesh is accused of a crime, the Magistrate may fix a date for the examination of witnesses, including Priya, who witnessed the incident. The Magistrate must supply Rajesh with Priya's statement in advance, and Rajesh's lawyer may cross-examine Priya on the designated date. If necessary, the Magistrate may permit the cross-examination to be deferred or conducted via audio-video electronic means.
Frequently Asked Questions about Section 265 BNSS
Q: What is the punishment or consequence under Section 265 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 the prosecution process in general, and its provisions can be relevant to both private individuals and public entities involved in a prosecution case.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable, as it is focused on the procedural aspects of witness examination in a prosecution case.
Common Questions about Section 265 BNSS
What is Section 265 of BNSS?
Section 265 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Evidence for prosecution". In plain terms: This section outlines the procedure for examining witnesses in a prosecution case, including the supply of witness statements to the accused and the possibility of cross-examination.
What is the punishment under Section 265 of BNSS?
Section 265 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 265 of BNSS bailable or non-bailable?
Whether Section 265 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 265 of BNSS?
The essential elements of Section 265 of BNSS are: The accused refuses to plead or does not plead, or claims to be tried, or the Magistrate does not convict the accused under section 264.; The Magistrate fixes a date for the examination of witnesses and supplies the accused with the statement of witnesses recorded during investigation.; The Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined..
Landmark Judgments under Section 265 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 265
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