CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES · A.—Cases instituted on a police report

Section 265: Evidence for prosecution

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

265	242. Evidence for prosecution.

Questions on this section

2 questions in 5 of our papers cite Section 265. Try these from the free papers:

1. Consider the following statements regarding the trial of warrant-cases instituted on a police report under the BNSS: 1. When fixing a date for the examination of witnesses, the Magistrate shall supply in advance to the accused the statements of witnesses recorded by the police during investigation. 2. Where the accused has cross-examined, or had the opportunity of cross-examining, a witness before entering on his defence, that witness's attendance shall not be compelled at the accused's instance unless the Magistrate is satisfied that it is necessary for the ends of justice. 3. Before summoning a witness on the application of the accused, the Magistrate may require that the reasonable expenses of the witness be deposited in Court. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita