Introduction
Section 257 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with arguments by the prosecution and the defence after the evidence has been completed in a trial before the Court of Session.
After the prosecution and defence have presented their evidence, the parties are given an opportunity to present their legal and factual arguments before the Court delivers its judgment.
Meaning of Section 257
Section 257 provides that when the examination of witnesses and other evidence is complete, the prosecutor shall sum up the case and the accused or their advocate shall be entitled to reply.
The provision also provides that:
- if the accused or their advocate raises any point of law, the prosecutor may, with the permission of the Court, address the Court on that point;
- the Court may regulate the manner and time of arguments to ensure that the proceedings are conducted properly.
The purpose is to give both sides a fair opportunity to present their final submissions before judgment.
Object and Purpose
The main objectives of Section 257 are:
- To provide both sides an opportunity to make final submissions.
- To allow the prosecution to summarise the evidence supporting its case.
- To allow the accused to challenge the prosecution’s case.
- To enable the parties to present relevant questions of law and fact.
- To assist the Court before it reaches its final decision.
Prosecution’s Right to Sum Up
The Public Prosecutor is entitled to sum up the prosecution case.
The prosecutor may highlight:
- important evidence;
- relevant witness testimony;
- documents and other material;
- facts supporting the prosecution;
- legal provisions applicable to the case; and
- reasons why the prosecution believes the charge has been established.
The prosecution’s submissions, however, do not themselves constitute evidence. The Court decides the case on the basis of the evidence properly placed before it.
Right of the Accused to Reply
After the prosecution has summed up its case, the accused or their advocate has the right to reply.
The defence may:
- challenge the prosecution’s interpretation of the evidence;
- point out contradictions or weaknesses;
- argue that essential ingredients of the offence have not been proved;
- raise relevant questions of law;
- rely upon defence evidence; and
- seek acquittal of the accused.
This right is an important part of a fair trial.
Questions of Law
If the accused or their advocate raises a point of law, the prosecutor may address the Court on that point with the permission of the Court.
This ensures that the Court receives submissions from both sides on important legal issues before reaching its decision.
Role of the Court
The Court has the responsibility of ensuring that arguments remain relevant and that the proceedings are not unnecessarily prolonged.
The Court may regulate:
- the order of arguments;
- the scope of submissions; and
- the time taken for arguments.
However, the accused must receive a meaningful opportunity to present the defence.
Example
Suppose A has been tried for an offence before the Court of Session.
The prosecution has completed its evidence and the defence has also presented its case.
The Public Prosecutor then summarises the prosecution’s evidence and argues that the charge has been proved.
A’s advocate replies by pointing out contradictions in the prosecution witnesses and arguing that an essential ingredient of the offence has not been established.
If the defence raises an important legal issue, the prosecutor may address the Court on that issue with the Court’s permission.
The Court then proceeds towards judgment.
Relationship with Section 256
Section 256 — Entering Upon Defence
The accused presents their defence after the prosecution case has been completed.
Section 257 — Arguments
After the evidence stage is completed, the prosecution and defence are given an opportunity to make their final arguments.
Therefore:
Section 256 → Defence evidence
Section 257 → Final arguments
Importance of Arguments
Arguments help the Court understand how each party interprets the evidence and the applicable law.
They allow the parties to:
- organise the evidence;
- identify the important issues;
- explain the legal consequences of the evidence;
- address weaknesses in the opposing case; and
- assist the Court in reaching a reasoned decision.
Arguments Are Not Evidence
An important principle is that arguments cannot substitute for evidence.
The parties may interpret and analyse evidence during arguments, but they cannot ordinarily establish a fact merely by making a submission.
The Court must base its decision on the evidence and material legally before it.
BNSS and CrPC
Section 257 of the BNSS corresponds to Section 234 of the Code of Criminal Procedure, 1973.
The provision continues the basic procedure under which the prosecution sums up its case, followed by the accused or defence counsel’s reply.
Common Confusions
Who argues first?
The Public Prosecutor sums up the prosecution case first.
Does the accused have a right to reply?
Yes.
The accused or their advocate is entitled to reply to the prosecution’s submissions.
Can the defence raise a point of law?
Yes.
Where a point of law is raised, the prosecutor may address the Court on that point with the permission of the Court.
Can arguments themselves prove guilt?
No.
Arguments are submissions based on the evidence and law. They do not replace the requirement of proving the case through admissible evidence.
Topic at a Glance
- BNSS Section: 257
- Subject: Arguments
- Applicable Court: Court of Session
- First submission: Prosecution sums up its case
- Reply: Accused or advocate
- Point of law: Prosecutor may address Court with permission
- Purpose: Final submissions before judgment
- Related provision: Section 256
- Corresponding CrPC provision: Section 234
- Nature: Final stage of submissions before judgment
Quick Revision
- Section 257 deals with arguments after completion of evidence.
- The Public Prosecutor sums up the prosecution case.
- The accused or their advocate has the right to reply.
- If the defence raises a point of law, the prosecutor may address the Court on it with permission.
- The Court may regulate the manner and duration of arguments.
- Arguments help the Court assess the parties’ interpretation of the evidence and law.
- Arguments themselves are not evidence.
- Section 257 BNSS corresponds to Section 234 CrPC.
ALSO READ: Section 256 – Entering upon defence
Conclusion
Section 257 of the BNSS provides the procedure for final arguments in a Sessions trial. After the evidence is completed, the Public Prosecutor sums up the prosecution case, followed by the response of the accused or their advocate. This gives both sides a final opportunity to address the Court on the evidence and law before the Court proceeds towards judgment.
