Section 249 BNSS: Opening case for prosecution (Formerly Section 226 CrPC)

Section 249 of Bharatiya Nagarik Suraksha Sanhita, 2023: Opening case for prosecution

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 249

Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the opening of the prosecution case in trials before the Court of Session.

Framing & Alteration of Charges: Section 249 provides that when the accused appears or is brought before the Court in pursuance of a commitment of the case under Section 232, the prosecutor shall open their case by describing the charge brought against the accused and stating by what evidence they propose to prove the guilt of the accused.
Evidentiary Admissibility Standard: This opening address outlines the prosecution theory and evidentiary framework before any witness is summoned or charge is framed.

Key Landmark Precedents:

Hukam Singh v. State of Rajasthan (1977) 2 SCC 99: The Supreme Court explained that the opening speech under Section 226 CrPC (Sec 249 BNSS) is designed to inform the court and defense of the specific theory and evidence to be adduced, setting the procedural boundaries of the trial.
State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659: Affirmed that the opening stage enables the Sessions Judge to appreciate the broad contours of the allegations before considering discharge under Section 250.

Legal Commentary:

Section 249 is not a mere ritual. The prosecutor's opening statement commits the State to a specific factual and legal theory, enabling the defense to identify material variances, gaps in investigation, and missing links in the chain of circumstantial evidence.