BNSS Section 266 — Evidence for defence

CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES

Criminal

Summary

After the prosecution finishes presenting its case, the court will ask the accused to begin their defence and present any evidence they have. If the accused gives a written statement, the Magistrate must keep it as part of the official record. If the accused asks the court to summon a witness or order the production of a document, the Magistrate must do so unless they believe the request is only meant to cause delay, harassment, or harm the fairness of the case, and the Magistrate must write down the reason for refusing. The court cannot force a witness to appear if the accused already had a chance to cross-examine them before starting their defence, unless the court decides it is necessary for justice, and witness examination may be done through video link from a location chosen by the State Government. The Magistrate may also ask the accused to first pay the reasonable travel and attendance costs of any witness before summoning them.

Official Text

(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers 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 and such ground shall be recorded by him in writing:

Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice:

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.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. B.—Cases instituted otherwise than on police report

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.5 p.1054 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping