Section 253 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 253 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes the procedure for scheduling the examination of witnesses in criminal trials when the accused refuses to plead, does not plead, or claims to be tried.
Text of Section 253
253. 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.
Explanation
Section 253 outlines the procedural steps a judge must take when the accused either refuses to enter a plea, does not enter a plea, or claims to be tried, or is not convicted under Section 252. In such cases, the judge is required to:
Schedule a Date for Examination: Set a specific date for the examination of witnesses.
Issue Process for Compelling Attendance: On the prosecution's application, the judge may issue processes to compel the attendance of witnesses or the production of documents or other evidence necessary for the trial.
This section ensures that the trial proceeds efficiently, even if the accused does not cooperate, by facilitating the presentation of evidence and examination of witnesses.
Significance
Ensures Continuity of Trial: Prevents delays in the trial process by mandating the scheduling of witness examinations.
Empowers Prosecution: Allows the prosecution to request the court to compel the attendance of witnesses and production of evidence, ensuring a fair trial.(
Upholds Legal Procedures: Aligns with the principles of natural justice by ensuring that the trial proceeds in an orderly manner, even in the absence of the accused's cooperation.
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