Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 277: Procedure when not convicted
(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.
Brief Detail
Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure when the Magistrate does not convict the accused under sections 275 or 276. In such cases, the Magistrate will proceed to hear the prosecution, take all evidence in support of the prosecution, and hear the accused's defence, along with their evidence. The Magistrate may, if necessary, issue a summons for witnesses upon the application of either the prosecution or the accused, with the requirement that reasonable witness expenses be deposited in Court before the witness is summoned.
Question & Answers
Q1: What happens if the Magistrate does not convict the accused under sections 275 or 276?
A1: If the Magistrate does not convict the accused under sections 275 or 276, they will proceed to hear the prosecution, take all evidence from the prosecution, and also hear the defence and take evidence from the accused.
Q2: Can the Magistrate summon witnesses if the accused is not convicted under sections 275 or 276?
A2: Yes, the Magistrate may issue a summons to any witness on the application of either the prosecution or the accused, directing the witness to attend or to produce any relevant documents or evidence.
Q3: What is required before summoning a witness for the trial?
A3: Before summoning any witness, the Magistrate may require the reasonable expenses of the witness, incurred for attending the trial, to be deposited in Court.
Q4: Who can apply for witness summons in the case where the accused is not convicted under sections 275 or 276?
A4: Either the prosecution or the accused can apply for the issuance of a witness summons.
Example
Example 1:
A Magistrate does not convict an accused under sections 275 or 276 for a petty offence. The case proceeds, and the Magistrate begins hearing the prosecution, collecting evidence, and also hears the accused’s defence, including their evidence. The prosecution applies to summon a witness, and the Magistrate issues a summons. The witness’s reasonable expenses for attending the trial are deposited in Court before the witness appears.
Example 2:
In a different case, the Magistrate does not convict the accused immediately. The accused, through their lawyer, applies for the summoning of a witness to testify in their defence. The Magistrate issues a summons to the witness and requires the deposition of their reasonable expenses for attending the trial.
Summary
Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governs the procedure when an accused is not convicted under sections 275 or 276. It provides for the hearing of both the prosecution and the defence, including the presentation of evidence. Furthermore, the Magistrate may issue summons to witnesses on request from either party, with the requirement that the witness's reasonable expenses for attending the trial be deposited in Court before the witness appears.
