Introduction
Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the date fixed for recording prosecution evidence in a trial before the Court of Session.
- Introduction
- Meaning of Section 253
- Object and Purpose
- When Does Section 253 Apply?
- Fixing the Date for Evidence
- Process for Attendance of Witnesses
- Production of Documents and Other Things
- Example
- Relationship with Section 252
- Importance of Section 253
- Prosecution Evidence
- Protection of the Accused
- BNSS and CrPC
- Common Confusions
- Topic at a Glance
- Quick Revision
- Conclusion
After the accused does not plead guilty or claims to be tried, the Court proceeds to the stage of prosecution evidence. Section 253 ensures that a date is fixed for the prosecution to present its witnesses and other evidence.
Meaning of Section 253
Section 253 provides that where the accused:
- refuses to plead guilty; or
- does not plead guilty; or
- claims to be tried,
the Judge shall fix a date for the examination of witnesses and may, on the application of the prosecution, issue process for compelling the attendance of any witness or production of any document or other thing.
The provision therefore marks the beginning of the evidentiary stage of the Sessions trial.
Object and Purpose
The main objectives of Section 253 are:
- To fix a definite date for prosecution evidence.
- To ensure that the trial proceeds without unnecessary delay.
- To facilitate the attendance of prosecution witnesses.
- To allow the prosecution to produce documents and other material evidence.
- To provide an orderly procedure for recording evidence.
When Does Section 253 Apply?
Section 253 applies after the charge has been framed and the accused has been given an opportunity to plead guilty.
If the accused does not plead guilty or claims to be tried, the case proceeds to prosecution evidence.
The Judge then fixes a date for examination of the prosecution witnesses.
Fixing the Date for Evidence
The Judge fixes a date on which the prosecution witnesses will be examined.
This ensures that the trial moves forward from the stage of framing of charge to the stage of recording evidence.
The prosecution is then expected to present the evidence necessary to establish the charge.
Process for Attendance of Witnesses
On the application of the prosecution, the Court may issue process to compel the attendance of witnesses.
This allows the Court to take appropriate procedural steps to ensure that witnesses appear before it for examination.
Production of Documents and Other Things
The prosecution may also seek process for the production of:
- documents;
- material objects; or
- other things relevant to the prosecution case.
This enables the prosecution to place its evidence before the Court in accordance with law.
Example
Suppose A is charged with an offence before the Court of Session.
The charge is read and explained to A.
A does not plead guilty and claims trial.
The Judge then fixes a date for the examination of prosecution witnesses.
If a prosecution witness does not voluntarily appear, the prosecution may apply for appropriate process to secure the witness’s attendance.
The prosecution may similarly seek production of relevant documents or other material.
Relationship with Section 252
Section 252 — Conviction on Plea of Guilty
If the accused pleads guilty, the Judge may record the plea and convict the accused.
Section 253 — Date for Prosecution Evidence
If the accused does not plead guilty or claims trial, the case proceeds to prosecution evidence and the Judge fixes a date for examination of witnesses.
Therefore:
Section 252 → Guilty plea → Possible conviction
Section 253 → Claim of trial → Prosecution evidence
Importance of Section 253
Section 253 is important because it moves the Sessions trial from the stage of pleading to the stage of evidence.
It ensures that:
- prosecution witnesses are scheduled for examination;
- the prosecution can secure necessary witnesses;
- relevant documents and materials can be produced; and
- the trial proceeds in an organised manner.
Prosecution Evidence
The prosecution bears the responsibility of presenting evidence to establish the guilt of the accused.
The evidence may include:
- oral testimony of witnesses;
- documentary evidence;
- material evidence; and
- other legally admissible evidence.
The Court ultimately determines the guilt or innocence of the accused after considering the evidence and the defence.
Protection of the Accused
Although Section 253 facilitates prosecution evidence, the accused retains the right to:
- be present during the proceedings as required by law;
- cross-examine prosecution witnesses;
- challenge the prosecution evidence; and
- present a defence at the appropriate stage.
Fixing a date for prosecution evidence does not mean that the prosecution’s allegations have been proved.
BNSS and CrPC
Section 253 of the BNSS corresponds to Section 230 of the Code of Criminal Procedure, 1973.
The provision continues the procedure under which, after the accused claims trial, the Sessions Judge fixes a date for prosecution witnesses and may issue process for securing witnesses and production of documents or other things.
Common Confusions
When does prosecution evidence begin?
After the accused does not plead guilty or claims to be tried, following the framing of charge.
Who fixes the date for prosecution evidence?
The Sessions Judge.
Can the prosecution request the Court to compel a witness to attend?
Yes.
The prosecution may apply for process to secure the attendance of witnesses.
Can documents or other things be summoned?
Yes.
The prosecution may seek process for production of documents or other relevant things.
Does fixing a date for evidence mean the accused is guilty?
No.
The prosecution must still prove the charge through legally admissible evidence.
Topic at a Glance
- BNSS Section: 253
- Subject: Date for prosecution evidence
- Applicable Court: Court of Session
- Trigger: Accused does not plead guilty or claims trial
- Court’s duty: Fix date for examination of witnesses
- Prosecution: May seek process for attendance of witnesses
- Documents: Court may issue process for their production
- Related provision: Section 252
- Corresponding CrPC provision: Section 230
- Nature: Procedural stage of Sessions trial
Quick Revision
- Section 253 deals with the date for prosecution evidence.
- It applies when the accused does not plead guilty or claims to be tried.
- The Judge fixes a date for examination of prosecution witnesses.
- The prosecution may apply for process to compel witness attendance.
- Process may also be sought for production of documents or other things.
- This provision marks the beginning of the prosecution evidence stage.
- Section 252 deals with conviction on plea of guilty.
- Section 253 BNSS corresponds to Section 230 CrPC.
ALSO READ: Section 252 – Conviction on plea of guilty
Conclusion
Section 253 of the BNSS provides the procedure for moving a Sessions trial into the prosecution evidence stage. When the accused does not plead guilty or claims to be tried, the Judge fixes a date for examining prosecution witnesses and may issue appropriate process for securing witnesses and producing relevant documents or other things. This ensures an organised and effective presentation of the prosecution case.
