(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Bharatiya Nagarik Suraksha Sanhita
Section 277
Procedure when not convicted
Englishहिंदी
⚡ Quick Answer Reference: Section 277 BNSS
- Provision: Section 277 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRIAL OF SUMMONS-CASES BY MAGISTRATES
- Jurisdiction: India
- Summary: If the Magistrate doesn't convict the accused under sections 275 or 276, they will hold a hearing to consider the prosecution's evidence and the accused's defence. The Magistrate can also summon witnesses and require them to produce documents or other evidence.
Statutory Content
What does Section 277 of BNSS say?
Indian StandardSection 277, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 277 (India)
Court Pleading StandardSection 277 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/277
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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 277 of BNSS mean?
Plain English Explanation
If the Magistrate doesn't convict the accused under sections 275 or 276, they will hold a hearing to consider the prosecution's evidence and the accused's defence. The Magistrate can also summon witnesses and require them to produce documents or other evidence.
Practical Interpretation
This section outlines the procedure to be followed when the Magistrate decides not to convict the accused. It ensures that the accused has a fair opportunity to present their defence and that the prosecution's evidence is thoroughly examined.
Core Legal Purpose
The core purpose of this section is to provide a fair and impartial procedure for the Magistrate to consider the evidence and make a decision when the accused is not convicted under sections 275 or 276.
Key Legal Elements
- •The Magistrate must hear the prosecution and take evidence in support of the prosecution.
- •The Magistrate must also hear the accused and take evidence in their defence.
- •The Magistrate may issue a summons to any witness to attend or produce documents or other evidence.
- •The Magistrate may require the reasonable expenses of the witness to be deposited in Court before summoning them.
Practical Example
Practical Example of Section 277 BNSS
Rajesh is accused of a minor offence under section 275 of BNSS. The Magistrate decides not to convict him and proceeds to hear the prosecution's evidence. The prosecution presents several witnesses, and the Magistrate summons one of them, Priya, to attend the hearing. Priya is required to produce documents related to the case, and the Magistrate ensures that her reasonable expenses are deposited in Court. After considering all the evidence, the Magistrate makes a decision based on the facts presented.
Common Questions (FAQ)
Frequently Asked Questions about Section 277 BNSS
Q: What is the punishment or consequence under Section 277 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the procedure to be followed when the Magistrate decides not to convict the accused.
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 cases where the Magistrate decides not to convict the accused.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable. The classification of offences is determined by other provisions of the BNSS.
People Also Ask (PAA)
Common Questions about Section 277 BNSS
What is Section 277 of BNSS?
Section 277 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure when not convicted". In plain terms: If the Magistrate doesn't convict the accused under sections 275 or 276, they will hold a hearing to consider the prosecution's evidence and the accused's defence. The Magistrate can also summon witnesses and require them to produce documents or other evidence.
What is the punishment under Section 277 of BNSS?
Section 277 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 277 of BNSS bailable or non-bailable?
Whether Section 277 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 277 of BNSS?
The essential elements of Section 277 of BNSS are: The Magistrate must hear the prosecution and take evidence in support of the prosecution.; The Magistrate must also hear the accused and take evidence in their defence.; The Magistrate may issue a summons to any witness to attend or produce documents or other evidence..
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