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BNSS, 2023
Start Practicing
BNSSChapter XXSection 267
Section267

Evidence for prosecution

AI Assist

Summary

If a warrant-case starts other than on a police report and the accused is before a Magistrate, the Magistrate must hear the prosecution and record all evidence the prosecution produces. The prosecution can apply for summons, and the Magistrate may order any prosecution witness to attend or to produce documents or other things.

Example

Priya files a private complaint that becomes a warrant-case against Arjun. Arjun is brought before the Magistrate, who hears the prosecution and records witness testimony and documents. When the prosecution asks, the Magistrate summons Karan to attend and produce a sales bill.

Bare Act

Enacted text

(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

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XX

Chapter XX

Trial of Warrant-Cases by Magistrates

In this chapter

  • 261Compliance with section 230
  • 262When accused shall be discharged
  • 263Framing of charge
  • 264Conviction on plea of guilty
  • 265Evidence for prosecution
  • 266Evidence for defence
  • 267Evidence for prosecution
  • 268When accused shall be discharged
  • 269Procedure where accused is not discharged
  • 270Evidence for defence
  • 271Acquittal or conviction
  • 272Absence of complainant
  • 273Compensation for accusation without reasonable cause
Previous · Section 266Evidence for defenceNext · Section 268When accused shall be discharged