Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 265
Evidence for prosecution
In one line
BNSS Section 265 deals with evidence for prosecution and replaces CrPC 242.
Bare act text — BNSS 265
265. Evidence for prosecution.
(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.
What changed from the CrPC
- CrPC 242 → BNSS 265: The new proviso to subsection 265(3) of the BNSS states that evidence of a witness may be recorded by audio-video electronic means at the designated place to be notified by the State Government.
Frequently asked
What was BNSS Section 265 in the CrPC?
BNSS Section 265 (Evidence for prosecution) replaces Section 242 of the Code of Criminal Procedure, 1973. CrPC 242 is now BNSS 265.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 260 — Procedure in cases instituted under sub-section (2) of section 222
- BNSS 261 — Compliance with section 230
- BNSS 262 — When accused shall be discharged
- BNSS 263 — Framing of charge
- BNSS 264 — Conviction on plea of guilty
- BNSS 266 — Evidence for defence
- BNSS 267 — Evidence for prosecution
- BNSS 268 — When accused shall be discharged
- BNSS 269 — Procedure where accused is not discharged
- BNSS 270 — Evidence for defence
