BNSS Section 277 — Procedure when not convicted

CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES

Criminal

Summary

If a Magistrate does not convict an accused person after the initial steps under sections 275 or 276, the Magistrate must then hear the prosecution's side and consider any evidence they present, and also hear the accused and consider any evidence they present in their defence. The Magistrate may, if they think it is appropriate, issue a summons to a witness to appear in court or to bring a document or other item, but only if either the prosecution or the accused asks for it. Before summoning a witness based on such a request, the Magistrate can require that the reasonable expenses of that witness for attending the trial be paid into court first.

Official Text

(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

Related Judgments

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