Introduction
Section 270 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with evidence for the defence in a warrant-case instituted otherwise than on a police report.
This provision follows Section 269, under which the accused is not discharged and the charge is framed. After the charge is framed and the accused claims to be tried, the case proceeds to the stage where the accused is given an opportunity to present their defence.
Section 270 therefore safeguards the accused’s right to place their own evidence before the Court.
Meaning of Section 270
Section 270 provides the procedure relating to defence evidence after the accused has been called upon to enter their defence.
The accused may:
- produce evidence in support of their defence;
- call defence witnesses;
- produce relevant documents or other material;
- request the Court to issue process for compelling the attendance of witnesses; and
- request the production of documents or other things necessary for the defence.
The Court may issue such process unless it considers that the request has been made for the purpose of vexation, delay, or defeating the ends of justice.
Object and Purpose of Section 270
The principal objectives of Section 270 are:
- To provide the accused with a fair opportunity to defend themselves.
- To allow the accused to produce evidence supporting their case.
- To permit the examination of defence witnesses.
- To enable the accused to obtain relevant documents or other material through the Court.
- To ensure that the Court considers both sides of the case before reaching a decision.
- To prevent the defence stage from being misused merely to delay proceedings.
When Does Section 270 Apply?
Section 270 applies to a warrant-case instituted otherwise than on a police report.
The relevant sequence is:
Section 267 → Evidence for prosecution
↓
Section 268 → Discharge
↓
Section 269 → Charge where accused is not discharged
↓
Accused claims to be tried
↓
Section 270 → Evidence for defence
This makes Section 270 the principal defence evidence stage in this category of warrant-cases.
Simple Formula
Prosecution evidence → Charge → Accused claims trial → Defence evidence
Or, for quick revision:
267 = Prosecution Evidence
268 = Discharge
269 = Charge
270 = Defence Evidence
Right of the Accused to Produce Defence Evidence
The accused may present evidence in support of their defence.
Such evidence may include:
1. Oral Evidence
The accused may produce witnesses who have relevant information concerning the case.
2. Documentary Evidence
Relevant documents may be produced where they are legally admissible.
3. Material Evidence
Physical objects or other relevant material may be produced where appropriate.
4. Other Legally Admissible Evidence
The accused may rely upon other forms of evidence recognised by law.
Defence Witnesses
A defence witness is a person called by the accused to provide evidence supporting the defence.
For example, a witness may be able to establish:
- that the accused was elsewhere at the relevant time;
- that the prosecution witness has given an incorrect account;
- that a particular event occurred differently;
- that the accused had a lawful justification or defence; or
- another fact relevant to the case.
The defence witness is examined according to the applicable rules governing evidence and witness examination.
Examination of Defence Witnesses
The examination of a defence witness generally involves:
- Examination-in-chief
- Cross-examination
- Re-examination, where applicable
The defence first examines its witness.
The prosecution then gets an opportunity to cross-examine that witness.
This ensures that evidence produced by the defence is also subject to judicial testing.
Cross-Examination of Defence Witnesses
The prosecution can cross-examine defence witnesses.
This allows the prosecution to:
- test the witness’s credibility;
- identify contradictions;
- challenge the witness’s version;
- question the witness’s ability to observe or remember events;
- expose inconsistencies; and
- challenge facts relied upon by the defence.
Therefore:
Defence examines → Prosecution cross-examines
Court’s Power to Issue Process
Section 270 also recognises the Court’s role in securing defence evidence.
The accused may request the Court to issue process for:
- compelling the attendance of a witness; or
- compelling the production of a document or other thing.
This is important because the accused may not always be able to independently secure the attendance of a particular witness or obtain a particular document.
Restriction on the Court’s Process
The right to request a witness or document is not intended to be used as a device for unnecessarily prolonging the case.
The Court may refuse such a request where it considers that the application is being made for the purpose of:
- vexation;
- causing delay; or
- defeating the ends of justice.
The Court therefore balances two competing considerations:
Right of accused to present a defence
and
Need to prevent abuse of the trial process
Meaning of Vexation
A vexatious request is one that is unnecessarily made to harass, trouble or burden another person or to obstruct the proper progress of the proceedings.
For example, repeatedly seeking irrelevant witnesses who have no meaningful connection with the case may amount to an abuse of the procedure.
Meaning of Delay
The accused cannot use the defence evidence stage merely to postpone the trial.
If a request for a witness or document is genuinely necessary for the defence, it should not ordinarily be rejected merely because it requires additional time.
However, where the Court finds that the request is primarily designed to delay the proceedings, it may refuse the application.
Defence Evidence Is Not Compulsory
An important principle is that the accused is not required to produce defence evidence in every case.
The accused may choose to rely upon:
- weaknesses in the prosecution case;
- contradictions in prosecution testimony;
- failure to prove essential ingredients;
- cross-examination of prosecution witnesses; or
- other legal grounds.
Therefore:
Right to produce defence evidence ≠ compulsory duty to produce defence evidence
The Accused Can Rely on Failure of Prosecution
The accused does not necessarily have to establish an independent alternative version of events.
If the prosecution fails to prove the charge according to law, the accused may rely upon that failure.
For example, if the prosecution fails to establish an essential ingredient of the offence, the accused can argue that the prosecution has failed to prove its case.
Burden of Proof
The prosecution generally carries the primary burden of proving the guilt of the accused.
Section 270 gives the accused an opportunity to produce evidence in support of their defence, but it does not automatically transfer the prosecution’s burden of proving the charge to the accused.
The accused may defend the case by:
- producing positive evidence; or
- demonstrating weaknesses in the prosecution case.
Example
Suppose A is accused in a warrant-case instituted otherwise than on a police report.
The charge is framed under Section 269.
A claims to be tried.
During the defence stage, A states that they were in another city when the alleged offence occurred.
A wishes to call a person who was with A at that time.
A may seek to have that person examined as a defence witness.
If the Court finds the request relevant and genuine, the witness may be called and examined.
The prosecution will then have an opportunity to cross-examine the witness.
Another Example
Suppose B wants to rely upon an official document that supports the defence.
B requests the Court to secure production of the document.
If the document is relevant and the request is genuine, the Court may issue the appropriate process.
However, if B repeatedly seeks irrelevant documents solely to postpone the proceedings, the Court may refuse those requests.
Section 270 and Fair Trial
The opportunity to present defence evidence is an important part of a fair criminal trial.
The prosecution is given an opportunity to establish its case.
The accused must likewise have a meaningful opportunity to answer that case.
Section 270 helps maintain this procedural balance.
Section 267 vs Section 270
These provisions should be remembered together.
Section 267 — Evidence for Prosecution
The prosecution or complainant presents evidence to establish the charge.
Section 270 — Evidence for Defence
The accused gets an opportunity to present evidence supporting the defence.
Easy Comparison
| Section 267 | Section 270 |
|---|---|
| Evidence for prosecution | Evidence for defence |
| Prosecution presents evidence | Accused presents defence evidence |
| Prosecution witnesses are examined | Defence witnesses may be examined |
| Accused gets opportunity to cross-examine | Prosecution gets opportunity to cross-examine |
| Establishes prosecution case | Supports defence case |
Section 269 vs Section 270
These provisions deal with two consecutive stages.
Section 269
Where the accused is not discharged:
Charge is framed → Charge is read and explained → Plea is taken
Section 270
Where the accused claims to be tried:
Accused enters defence → Defence evidence may be produced
Thus:
269 = Charge and plea
270 = Defence evidence
Difference Between Defence Evidence and Defence Arguments
These concepts should not be confused.
Defence Evidence
Actual evidence presented before the Court, such as:
- witnesses;
- documents;
- objects; and
- other admissible material.
Defence Arguments
Legal and factual submissions made by the defence based on the evidence and applicable law.
Therefore:
Evidence = Material placed before Court
Arguments = Submissions based on the material
Role of the Court
The Court must ensure that the accused receives a fair opportunity to present the defence.
At the same time, the Court must prevent unnecessary procedural abuse.
The Magistrate therefore has to determine whether a request for a witness, document or other material is genuinely connected with the defence or is merely intended to:
- harass;
- delay; or
- obstruct justice.
Importance of Section 270
Section 270 is important because it ensures that a criminal trial is not one-sided.
The prosecution gets an opportunity to prove the accusation.
The accused gets an opportunity to answer the accusation and present supporting evidence.
This contributes to:
- fairness;
- procedural equality;
- effective defence;
- proper evaluation of evidence; and
- reliable adjudication.
Does the Accused Have to Prove Innocence?
Not merely because Section 270 permits defence evidence.
The prosecution must establish the charge according to the applicable standard of proof.
The accused may choose to present evidence, but the absence of defence evidence does not by itself establish guilt.
The Court must still assess whether the prosecution has proved its case.
Can the Accused Call Any Witness?
The accused may seek examination of relevant defence witnesses.
However, the Court has the power to prevent misuse of its process.
A request that is genuinely relevant to the defence may be entertained.
A request made merely for vexation, delay or defeating the ends of justice may be refused.
Can Documents Be Produced?
Yes.
Relevant documents or other things may form part of the defence case, subject to the applicable rules concerning relevance, admissibility and proof.
Where the accused requires the Court’s assistance in securing such material, the procedure for issuance of process may be invoked.
Practical Working of Section 270
The procedure can be remembered in five stages:
Step 1 — Charge
The charge has been framed under Section 269.
Step 2 — Plea
The accused claims to be tried.
Step 3 — Defence
The accused is called upon to enter their defence.
Step 4 — Evidence
The accused may produce witnesses, documents and other admissible material.
Step 5 — Testing of Evidence
The prosecution gets an opportunity to cross-examine defence witnesses.
Important Principle
Section 270 gives the accused an opportunity to present defence evidence; it does not impose an absolute obligation upon the accused to produce witnesses or documents.
The accused may defend the case through:
Defence evidence
or
Weaknesses in the prosecution case
or
Both
Common Confusions
Does Section 270 deal with prosecution evidence?
No.
Section 267 deals with prosecution evidence. Section 270 deals with defence evidence.
Is defence evidence mandatory?
No.
The accused may choose not to produce defence evidence.
Can the accused call witnesses?
Yes, subject to the applicable procedure and the Court’s power to prevent vexatious or delaying applications.
Can the Court help secure defence documents?
Yes, where the requirements for issuing process are satisfied.
Can the prosecution cross-examine defence witnesses?
Yes.
Does not producing defence evidence mean that the accused is guilty?
No.
The prosecution must still establish its case according to law.
Can the Court refuse a defence witness?
A request may be refused where the Court considers it intended for vexation, delay or defeating the ends of justice.
Topic at a Glance
- BNSS Section: 270
- Subject: Evidence for defence
- Type of case: Warrant-case instituted otherwise than on a police report
- Previous stage: Section 269 — Procedure where accused is not discharged
- Stage: After charge and plea where accused claims trial
- Party presenting evidence: Accused/defence
- Evidence: Witnesses, documents and other legally admissible material
- Defence witnesses: May be examined
- Prosecution’s right: Cross-examination of defence witnesses
- Court’s power: May issue process for attendance of witnesses or production of documents/things
- Restriction: Process may be refused for vexation, delay or defeating the ends of justice
- Purpose: Provide a fair opportunity to present the defence
Quick Revision
- Section 270 deals with evidence for the defence.
- It applies to warrant-cases instituted otherwise than on a police report.
- It follows the framing of charge and the accused’s decision to claim trial.
- The accused may produce defence witnesses and documents.
- The accused may seek the Court’s assistance in securing witnesses or documents.
- The prosecution gets an opportunity to cross-examine defence witnesses.
- The Court can prevent misuse of the procedure for vexation, delay or defeating the ends of justice.
- Defence evidence is not compulsory.
- The prosecution continues to bear the primary burden of proving the charge.
- Section 270 should be remembered as the defence evidence stage.
One-Line Exam Answer
Section 270 BNSS provides for evidence for the defence in a warrant-case instituted otherwise than on a police report, allowing the accused to produce defence evidence and seek appropriate process for securing witnesses or documents, subject to the Court’s power to prevent vexation, delay or defeat of the ends of justice.
Conclusion
Section 270 of the BNSS provides the accused with an important opportunity to present their defence after the charge has been framed and the accused has claimed to be tried. The accused may produce witnesses, documents and other legally admissible evidence and may seek the Court’s assistance in securing relevant evidence. The prosecution is entitled to test defence evidence through cross-examination. At the same time, the Court may prevent the procedure from being misused to cause unnecessary delay or defeat the ends of justice.
ALSO READ: Section 269 – Procedure where accused is not discharged
Quick Memory Chain
267 — Evidence for prosecution
268 — Discharge
269 — Charge where accused is not discharged
270 — Evidence for defence
