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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 254 – BNSS | Evidence for prosecution.

Section 254 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 254 – BNSS | Evidence for prosecution. (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that evidence of a witness under this sub-section may be recorded byaudio-video electronic means.(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 253 – BNSS | Date for prosecution evidence.

Section 253 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 253 – BNSS | Date for prosecution evidence. If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 251 – BNSS | Framing of charge

Section 251 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 251 – BNSS | Framing of charge (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence whichβ€”(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrateof the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty ofthe offence charged or claims to be tried.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 250 – BNSS | Discharge.

Section 250 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 250 – BNSS | Discharge. (1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232.(2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 249 – BNSS | Opening case for prosecution.

Section 249 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 249 – BNSS | Opening case for prosecution. When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 247 – BNSS | Withdrawal of remaining charges on conviction on one of several charges.

Section 247 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 247 – BNSS | Withdrawal of remaining charges on conviction on one of several charges. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 246 – BNSS | What persons may be charged jointly.

Section 246 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 246 – BNSS | What persons may be charged jointly. The following persons may be charged and tried together, namely:β€”(a) persons accused of the same offence committed in the course of the same transaction;(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;(c) persons accused of more than one offence of the same kind, within the meaning of section 242 committed by them jointly within the period of twelve months;(d) persons accused of different offences committed in the course of the same transaction;(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;(f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence;(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 245 – BNSS | When offence proved included in offence charged.

Section 245 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 245 – BNSS | When offence proved included in offence charged. (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it.(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.Illustrations.(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316.(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.

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