BNSS Section 265 — Evidence for prosecution

CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES

Criminal

Summary

If the accused person does not plead guilty or asks for a trial, or if the Magistrate does not convict them under the previous section, the Magistrate will set a date to hear the prosecution’s witnesses. Before that date, the Magistrate must give the accused copies of the statements those witnesses made to the police during the investigation. The prosecution can ask the Magistrate to order any witness to appear in court or to bring documents or other items. On the fixed date, the Magistrate will hear all the evidence the prosecution presents, and may allow cross-examination of a witness to happen later or let a witness be recalled for more cross-examination. Witnesses may also give their evidence through audio-video electronic means from a place the State Government has officially designated.

Official Text

(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.

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.8 p.2108 — 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)

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