Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 256: Entering upon defence
(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.
Brefe Detail
Section 256 outlines the procedure for the accused to present their defense if they have not been acquitted. It includes provisions for submitting evidence, filing written statements, and requesting the attendance of witnesses or documents. The Judge has discretion to refuse such requests if deemed frivolous or intended to obstruct justice.
Question & Answers
Q1: What happens if the accused is not acquitted?
A1: The accused will be called upon to enter on their defense and provide any supporting evidence.
Q2: What should the Judge do if the accused submits a written statement?
A2: The Judge shall file the written statement with the record.
Q3: Can the accused request the attendance of witnesses?
A3: Yes, the accused can apply for the issue of any process to compel the attendance of witnesses or the production of documents.
Q4: Under what conditions can the Judge refuse an application for witness attendance?
A4: The Judge may refuse the application if it is deemed to be for the purpose of vexation, delay, or defeating the ends of justice, and must record reasons for the refusal.
Example
1. Defence Entry: After not being acquitted, the accused is asked to present their defense.
2. Written Statement: The accused submits a written statement detailing their account of events.
3. Request for Witness: The accused requests a witness to be present to support their case.
4. Judge's Decision: The Judge considers the request and either grants it or refuses it based on valid reasons.
Summary
Section 256 establishes the process for an accused individual to enter their defense after not being acquitted. It allows for the submission of evidence and written statements while giving the Judge the authority to issue or deny requests for witness attendance based on the merits of the application.
