Section 269 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 269 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure to be followed when a Magistrate determines that an accused person should not be discharged and that there is sufficient ground to proceed with the trial.
📜 Text of Section 269
269. Procedure where accused is not discharged
Framing of Charge: If, after considering the evidence presented or at any earlier stage of the case, the Magistrate believes there is sufficient ground to presume that the accused has committed an offense triable under this Chapter, which the Magistrate is competent to try and can adequately punish, the Magistrate shall frame a written charge against the accused.
Reading and Explanation of Charge: The charge shall be read and explained to the accused, who shall then be asked whether they plead guilty or have any defense to present.
Conviction on Guilty Plea: If the accused pleads guilty, the Magistrate shall record the plea and may, at their discretion, convict the accused based on that plea.(kanoongpt.in)
Procedure if Accused Refuses to Plead or Claims Trial: If the accused refuses to plead, does not plead, claims to be tried, or is not convicted under subsection (3), they shall be required to state, at the commencement of the next hearing or immediately, if the Magistrate deems it fit, whether they wish to cross-examine any of the prosecution witnesses whose evidence has been taken.
Cross-Examination of Witnesses: If the accused wishes to cross-examine any witnesses, those witnesses shall be recalled, and after cross-examination and re-examination (if any), they shall be discharged.
Examination of Remaining Witnesses: The evidence of any remaining prosecution witnesses shall then be taken, and after cross-examination and re-examination (if any), they shall also be discharged.
Closure of Prosecution Evidence: If, despite reasonable efforts, the attendance of prosecution witnesses cannot be secured for cross-examination, it shall be deemed that such witnesses have not been examined due to their unavailability. The Magistrate may then close the prosecution evidence and proceed with the case based on the materials on record, providing reasons in writing.(
⚖️ Legal Context
Section 269 of the BNSS, 2023 is analogous to Section 246 of the Indian Criminal Procedure Code (Cr.P.C.), 1973, which governs the procedure when a Magistrate decides not to discharge the accused and proceeds with framing charges.
🧭 Practical Implications
Ensuring Fair Trial: This section ensures that the accused is informed of the charges and has an opportunity to present a defense, thereby upholding the principles of natural justice.
Structured Proceedings: The outlined procedure provides a clear framework for the trial process, promoting consistency and transparency in legal proceedings.
Protection of Rights: By allowing the accused to cross-examine witnesses and present a defense, the section safeguards the rights of the accused within the judicial process.
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