Section 266 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 266 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Full Text of Section 266
266. Evidence for defence
The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:
Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
⚖️ Corresponding Provision in the Indian Penal Code (IPC)
Section 266 of the BNSS, 2023, corresponds to Section 233 of the Indian Penal Code (IPC), which also deals with the procedure for entering upon the defence in criminal trials. Both provisions outline the steps the court must take to ensure the accused has an opportunity to present their defence, including adducing evidence and requesting the attendance of witnesses.
🧭 Purpose and Significance
Ensuring Fair Trial: This section ensures that the accused has a fair opportunity to present their defence, which is a fundamental principle of natural justice.
Judicial Efficiency: By providing a clear procedure for entering upon the defence, this section helps in streamlining the trial process, reducing delays, and promoting judicial efficiency.
Protection of Rights: It safeguards the rights of the accused by allowing them to submit written statements and request the attendance of witnesses, thereby ensuring their right to a fair hearing.
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