BNSS Section 256 — Entering upon defence

CHAPTER XIX TRIAL BEFORE A COURT OF SESSION

Criminal

Summary

If the accused person is not found not guilty at the earlier stage, the judge will ask them to begin presenting their defence and to bring any evidence they have to support it. If the accused gives a written statement, the judge must keep it as part of the court record. If the accused asks the court to summon a witness or to order someone to produce a document or thing, the judge must do so unless they believe the request is only meant to annoy, cause delay, or obstruct justice—and in that case, the judge must write down the reasons for refusing.

Official Text

(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

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