Section 265 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 265 of the Bharatiya Sakshya Adhiniyam, 2023 — “Evidence for prosecution before Magistrate” — empowers the Magistrate to take witness evidence from the prosecution in a manner that sets out the trial framework clearly:
⚖️ What the Section Provides
Fixing a trial date & sharing statements
When the accused does not plead or pleads but isn't convicted under Section 264, the Magistrate fixes a date for taking prosecution evidence.
The prosecution must share with the accused in advance, the statements recorded during investigation.
Issuing summons for attendance or documents
The Magistrate may summon prosecution witnesses or require them to produce documents or things relevant to the case.
Conduct of examination
On the fixed date, the Magistrate proceeds to record all prosecution evidence that is brought forward.
Cross-examination may be deferred until additional witnesses are produced or any witness may be recalled for further questioning.
Electronic mode for witness examination
New proviso: Examination of a witness may be conducted via audio–video electronic means, but only from a place designated by the State government.
✨ Why It Matters
Fairness & preparation: By mandating sharing of statements before official examination, the accused and defense gain clarity and time to prepare effectively.
Modernization & inclusivity: Allowing electronic mode ensures witnesses who cannot physically appear (due to health, distance, or safety) can still testify, expanding access to justice.
Safeguards in place: The requirement for a “designated place” mitigates risks of coercion or undue influence common at police-controlled premises.
✅ Summary
Section 265 streamlines and modernizes the Magistrate’s examination of prosecution witnesses by:
Kicking off trial proceedings neatly,
Ensuring transparency through pre-trial disclosure,
Incorporating flexible and secure video-conferencing,
While safeguarding against misuse through location restrictions.
It reflects the BSA’s broader push to digitize evidence processes—improving both fairness and accessibility.
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