BNSS Section 269 — Procedure where accused is not discharged

Summary

If the magistrate believes there is enough reason to think the accused has committed a serious offence that the magistrate can handle and punish adequately, the magistrate must write out a formal charge against the accused. This charge is then read and explained to the accused, who is asked if they plead guilty or have a defence. If the accused pleads guilty, the magistrate may record that plea and convict them. If the accused does not plead guilty, refuses to plead, or claims to be tried, they must state at the next hearing—or immediately if the magistrate orders it in writing—whether they want to cross-examine any prosecution witnesses whose evidence has already been recorded. If they do, those witnesses are recalled for cross-examination, and then the remaining prosecution witnesses give their evidence. If, despite giving the prosecution a chance and taking all reasonable steps, the prosecution witnesses cannot be brought for cross-examination, the law treats them as not examined, and the magistrate may close the prosecution evidence and proceed based on the materials already on record.

Official Text

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections

(5) and

(6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.

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 (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §246 — Procedure where accused is not discharged