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BNSS, 2023
Start Practicing
BNSSChapter XIXSection 249
Section249

Opening case for prosecution

AI Assist

Summary

When the accused is produced before the court after commitment or under any other law, the prosecutor must open the case by describing the charge and outlining the evidence they propose to prove guilt. This gives the court and the accused a clear statement of the prosecution's case before witnesses or documents are called.

Example

Priya files an FIR accusing Arjun of stealing from her shop. After the magistrate commits the case to the sessions court and Arjun is produced before the court, the prosecutor opens by stating the theft charge and saying they will call two witnesses and produce CCTV footage to prove Arjun's guilt.

Bare Act

Enacted text

When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

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XIX

Chapter XIX

Trial Before a Court of Session

In this chapter

  • 248Trial to be conducted by Public Prosecutor
  • 249Opening case for prosecution
  • 250Discharge
  • 251Framing of charge
  • 252Conviction on plea of guilty
  • 253Date for Prosecution evidence
  • 254Evidence for prosecution
  • 255Acquittal
  • 256Entering upon defence
  • 257Arguments
  • 258Judgment of acquittal or conviction
  • 259Previous conviction
  • 260Procedure in cases instituted under sub-section (2) of section 222
Previous · Section 248Trial to be conducted by Public ProsecutorNext · Section 250Discharge