What Is BNSS Section 254?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 254: Evidence for prosecution

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.

(2) The deposition of evidence of any police officer or public servant may be taken through audio-video electronic means.

(3) The Judge may, in his discretion, 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.

Brief Detail

Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures for taking evidence in support of the prosecution during a trial. It allows for the use of audio-video electronic means for recording witness testimonies and provides the Judge with the discretion to manage the cross-examination process effectively.

Question & Answers

Q1: What must the Judge do on the fixed date for prosecution evidence?

A1: The Judge shall proceed to take all evidence produced in support of the prosecution.

Q2: Can witness evidence be recorded using technology?

A2: Yes, evidence may be recorded by audio-video electronic means.

Q3: How can the deposition of police officers or public servants be taken?

A3: The deposition of evidence from any police officer or public servant may also be taken through audio-video electronic means.

Q4: Does the Judge have discretion regarding witness cross-examination?

A4: Yes, the Judge may defer cross-examination of any witness or recall a witness for further cross-examination.

Example

1. Witness Testimony: On the scheduled date, the Judge calls a witness to provide testimony.
2. Recording Evidence: The testimony is recorded using audio-video electronic means for clarity and accuracy.
3. Police Officer Deposition: A police officer gives their deposition via the same electronic means, ensuring proper documentation.
4. Cross-Examination: The Judge decides to defer the cross-examination of one witness until after other witnesses have testified.

Summary

Section 254 establishes the protocol for collecting evidence for prosecution in a trial. It emphasizes the use of audio-video technology for recording testimonies and grants the Judge the authority to manage the cross-examination process, ensuring a fair and efficient trial.