What Is BNSS Section 266?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 266: Evidence for Defence

(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.

(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.

Brief Detail

This section outlines the procedure for the defence in legal proceedings under the Bharatiya Nagarik Suraksha Sanhita, 2023. It states that the accused must present their defence and evidence. The section also discusses the conditions under which the Magistrate can compel witnesses to attend and the requirement for the accused to deposit reasonable expenses for witnesses.

Question & Answers

What must the accused do when called upon for their defence?

The accused must enter upon their defence and produce their evidence. If they provide a written statement, the Magistrate shall file it with the record.

Can the accused compel witnesses to attend for examination or cross-examination?

Yes, the accused can apply to the Magistrate to issue a process for compelling the attendance of witnesses, unless the application is deemed to be for vexation, delay, or defeating justice.

What happens if the accused has already cross-examined a witness?

If the accused has cross-examined a witness before entering their defence, that witness's attendance cannot be compelled unless it is necessary for the ends of justice.

Are there any costs associated with summoning witnesses?

Yes, the Magistrate may require the reasonable expenses incurred by the witness for attending the trial to be deposited in Court before summoning them.

Example

• Example 1: An accused person presents a written statement as part of their defence. The Magistrate files this statement and sets a date for further proceedings.
• Example 2: After entering their defence, the accused requests the attendance of a witness for cross-examination. The Magistrate issues a summons for the witness unless there are grounds to deny the request.

Summary

Section 266 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the process for the defence in legal proceedings. It mandates that the accused must present their defence and allows for the summoning of witnesses while also stipulating conditions under which such summoning can occur. Additionally, it addresses the requirement for the accused to cover reasonable expenses for witnesses attending the trial.