(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (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.
Bharatiya Nagarik Suraksha Sanhita
Section 267
Evidence for prosecution
Englishहिंदी
⚡ Quick Answer Reference: Section 267 BNSS
- Provision: Section 267 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF WARRANT-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: When someone is charged with a crime in a court case that wasn't started by the police, the judge will listen to the prosecution's evidence and allow them to present any witnesses or documents they have. The judge can also order witnesses to come to court or bring certain documents.
Statutory Content
What does Section 267 of BNSS say?
Indian StandardSection 267, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 267 (India)
Court Pleading StandardSection 267 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/267
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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 267 of BNSS mean?
Plain English Explanation
When someone is charged with a crime in a court case that wasn't started by the police, the judge will listen to the prosecution's evidence and allow them to present any witnesses or documents they have. The judge can also order witnesses to come to court or bring certain documents.
Practical Interpretation
In practice, this section means that when a case is not initiated by the police, the judge will take an active role in gathering evidence and ensuring that the prosecution has a fair chance to present their case. This can involve summoning witnesses or ordering the production of documents.
Core Legal Purpose
The core purpose of this section is to ensure that the prosecution has a fair opportunity to present their case in a warrant-case that was not initiated by the police, by allowing them to present evidence and summon witnesses as needed.
Key Legal Elements
- •The case must be a warrant-case instituted otherwise than on a police report.
- •The accused must appear or be brought before a Magistrate.
- •The Magistrate must proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
- •The Magistrate may issue a summons to any of its witnesses on the application of the prosecution.
Practical Example
Practical Example of Section 267 BNSS
Rajesh is accused of a crime and the case is not initiated by the police. He is brought before a Magistrate, who proceeds to hear the prosecution's evidence. The prosecution presents several witnesses and documents, and the Magistrate allows them to be presented. The Magistrate also issues a summons to one of the prosecution's witnesses, who is required to attend court and bring certain documents.
Common Questions (FAQ)
Frequently Asked Questions about Section 267 BNSS
Q: What is the punishment or consequence under Section 267 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 warrant-cases instituted otherwise than on a police report.
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.
People Also Ask (PAA)
Common Questions about Section 267 BNSS
What is Section 267 of BNSS?
Section 267 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Evidence for prosecution". In plain terms: When someone is charged with a crime in a court case that wasn't started by the police, the judge will listen to the prosecution's evidence and allow them to present any witnesses or documents they have. The judge can also order witnesses to come to court or bring certain documents.
What is the punishment under Section 267 of BNSS?
Section 267 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 267 of BNSS bailable or non-bailable?
Whether Section 267 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 267 of BNSS?
The essential elements of Section 267 of BNSS are: The case must be a warrant-case instituted otherwise than on a police report.; The accused must appear or be brought before a Magistrate.; The Magistrate must proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution..
Landmark Case Laws
Landmark Judgments under Section 267 BNSS
Patnahcucisdb94 High Court (10 8)
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