Introduction
Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the recording of evidence for the prosecution in a trial before the Court of Session.
- Introduction
- Meaning of Section 254
- Object and Purpose
- Examination of Prosecution Witnesses
- Production of Documents and Other Evidence
- Role of the Court
- Role of the Accused
- Example
- Relationship with Section 253
- Importance of Section 254
- Burden on Prosecution
- BNSS and CrPC
- Common Confusions
- Topic at a Glance
- Quick Revision
- Conclusion
After the date for prosecution evidence is fixed under Section 253, the prosecution presents its witnesses and other evidence before the Court. Section 254 lays down the procedure for recording and examining that evidence.
Meaning of Section 254
Under Section 254, the prosecution is given the opportunity to present evidence to establish the guilt of the accused.
The prosecution may:
- examine its witnesses;
- produce documentary evidence;
- produce other relevant evidence; and
- rely upon legally admissible material in support of its case.
The evidence is recorded before the Court, and the accused has the opportunity to participate in the proceedings and challenge the prosecution evidence.
Object and Purpose
The main objectives of Section 254 are:
- To provide the prosecution an opportunity to prove its case.
- To ensure that prosecution witnesses are examined before the Court.
- To provide the accused an opportunity to cross-examine witnesses.
- To ensure that evidence is properly recorded during the trial.
- To facilitate a fair determination of the guilt or innocence of the accused.
Examination of Prosecution Witnesses
The prosecution presents its witnesses before the Court.
The normal sequence of examination is:
Examination-in-chief → Cross-examination → Re-examination, where applicable
Examination-in-Chief
The prosecution examines its witness to establish facts supporting the prosecution case.
Cross-Examination
The accused is given an opportunity to cross-examine the prosecution witness.
Cross-examination allows the defence to:
- test the truthfulness of the witness;
- challenge the witness’s version;
- identify inconsistencies; and
- bring out facts favourable to the defence.
Re-Examination
Where necessary, the prosecution may re-examine its witness to clarify matters arising during cross-examination.
Production of Documents and Other Evidence
The prosecution may also place documentary and other relevant evidence before the Court.
Such evidence must be presented and proved in accordance with the applicable rules of evidence.
The Court ultimately determines what evidentiary value should be given to the material produced.
Role of the Court
The Court supervises the recording of prosecution evidence and ensures that the proceedings are conducted fairly.
The Court must ensure that:
- witnesses are properly examined;
- the accused receives an opportunity to cross-examine;
- relevant evidence is properly placed before the Court; and
- the proceedings comply with the requirements of law.
Role of the Accused
The accused has an important right during prosecution evidence.
The accused may:
- remain present as required;
- hear the testimony of prosecution witnesses;
- cross-examine prosecution witnesses;
- challenge the prosecution evidence; and
- raise appropriate objections in accordance with law.
This is an essential component of the accused’s right to a fair trial.
Example
Suppose A is being tried before the Court of Session.
The prosecution relies upon three eyewitnesses and certain documents.
Under Section 254:
- The prosecution presents its first witness.
- The witness gives evidence in examination-in-chief.
- The defence gets an opportunity to cross-examine the witness.
- The prosecution may re-examine the witness where necessary.
- The same process is followed for the remaining witnesses.
- Documentary and other relevant evidence is also presented according to law.
After the prosecution completes its evidence, the trial proceeds to the next appropriate stage.
Relationship with Section 253
Section 253 — Date for Prosecution Evidence
Section 253 provides for fixing the date for examination of prosecution witnesses and securing their attendance.
Section 254 — Evidence for Prosecution
Section 254 deals with the actual presentation and recording of prosecution evidence.
Therefore:
Section 253 → Fixing the date
Section 254 → Recording prosecution evidence
Importance of Section 254
Section 254 is a central part of the Sessions trial because the prosecution must establish its allegations through evidence.
The charge itself does not establish guilt.
The prosecution must prove the essential facts and ingredients of the offence through legally admissible evidence.
The accused then receives an opportunity to challenge that evidence.
Burden on Prosecution
The prosecution generally bears the burden of proving the guilt of the accused according to the applicable standard of criminal proof.
The accused is presumed innocent unless guilt is established in accordance with law.
Therefore:
Charge → Allegation
Evidence → Proof of allegation
Judgment → Determination of guilt or innocence
BNSS and CrPC
Section 254 of the BNSS corresponds to Section 231 of the Code of Criminal Procedure, 1973.
The provision continues the procedure for recording evidence for the prosecution in Sessions trials.
Common Confusions
Does framing of charge prove the accused’s guilt?
No.
A charge is only an accusation that must be established through evidence.
Who presents the prosecution evidence?
The prosecution, conducted by the Public Prosecutor in a Sessions trial.
Can the accused cross-examine prosecution witnesses?
Yes.
The accused has the right to cross-examine prosecution witnesses in accordance with law.
Is every statement made by a witness automatically sufficient to prove guilt?
No.
The Court must evaluate the evidence and determine its reliability and legal admissibility.
Topic at a Glance
- BNSS Section: 254
- Subject: Evidence for prosecution
- Applicable Court: Court of Session
- Main stage: Prosecution evidence
- Presented by: Prosecution through Public Prosecutor
- Witness procedure: Examination-in-chief, cross-examination and re-examination where applicable
- Accused’s role: Opportunity to cross-examine and challenge evidence
- Related provision: Section 253
- Corresponding CrPC provision: Section 231
- Nature: Evidentiary stage of Sessions trial
Quick Revision
- Section 254 deals with evidence for the prosecution.
- It follows Section 253, under which the date for prosecution evidence is fixed.
- The prosecution presents its witnesses and other evidence.
- Witnesses may undergo examination-in-chief, cross-examination and re-examination.
- The accused has the opportunity to cross-examine prosecution witnesses.
- The charge itself does not establish guilt.
- The prosecution must establish its case through legally admissible evidence.
- Section 254 BNSS corresponds to Section 231 CrPC.
ALSO READ: Section 252 – Conviction on plea of guilty
Conclusion
Section 254 of the BNSS provides for the presentation and recording of prosecution evidence in a Sessions trial. It enables the prosecution to examine its witnesses and present relevant evidence while ensuring that the accused has an opportunity to challenge that evidence through cross-examination. This stage is fundamental to determining whether the prosecution has successfully established the charges against the accused.
