(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers 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 and such ground shall be recorded by him in writing: Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice: 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. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. B.—Cases instituted otherwise than on police report
Bharatiya Nagarik Suraksha Sanhita
Section 266
Evidence for defence
⚡ Quick Answer Reference: Section 266 BNSS
- Provision: Section 266 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: The accused must present their defense and evidence. The Magistrate may issue process to compel witness attendance or document production, unless it's for vexation, delay, or defeating justice.
What does Section 266 of BNSS say?
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What does Section 266 of BNSS mean?
Plain English Explanation
The accused must present their defense and evidence. The Magistrate may issue process to compel witness attendance or document production, unless it's for vexation, delay, or defeating justice.
Practical Interpretation
In practice, this section allows the accused to defend themselves by presenting evidence and calling witnesses, with the Magistrate ensuring the process is not abused for unnecessary delays or to undermine justice.
Core Legal Purpose
The core purpose is to ensure the accused has a fair opportunity to defend themselves by presenting their case and evidence, while preventing abuse of the legal process.
- •The accused must enter upon their defence and produce evidence.
- •The Magistrate has discretion to issue process for compelling witness attendance or document production.
- •The key legal test is whether the application is made for vexation, delay, or defeating the ends of justice.
- •A key exception is when the accused has already cross-examined a witness before entering their defence, unless necessary for the ends of justice.
Practical Example of Section 266 BNSS
Rajesh is accused of a crime and enters his defence. He applies to the Magistrate to compel the attendance of a key witness, Priya, who was not previously cross-examined. The Magistrate must decide whether to issue the process, considering whether it's necessary for the ends of justice and not made for vexation or delay.
Frequently Asked Questions about Section 266 BNSS
Q: What is the punishment or consequence under Section 266 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 accused in a trial, which could be a private individual or a representative of a public entity.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with the classification of offences as bailable or cognizable.
Common Questions about Section 266 BNSS
What is Section 266 of BNSS?
Section 266 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Evidence for defence". In plain terms: The accused must present their defense and evidence. The Magistrate may issue process to compel witness attendance or document production, unless it's for vexation, delay, or defeating justice.
What is the punishment under Section 266 of BNSS?
Section 266 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 266 of BNSS bailable or non-bailable?
Whether Section 266 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 266 of BNSS?
The essential elements of Section 266 of BNSS are: The accused must enter upon their defence and produce evidence.; The Magistrate has discretion to issue process for compelling witness attendance or document production.; The key legal test is whether the application is made for vexation, delay, or defeating the ends of justice..
Landmark Judgments under Section 266 BNSS
Sections commonly cited alongside Section 266
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