Section 253 BNSS: Date for prosecution evidence (Formerly Section 230 CrPC)

Section 253 of Bharatiya Nagarik Suraksha Sanhita, 2023: Date for prosecution evidence

Official Bare Act Text

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

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.

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

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 253

Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs fixing dates for prosecution evidence and issuing summons to witnesses in Sessions trials.

Evidentiary Proof & Admissibility: Section 253 provides that 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.
Inquiry & Trial Mechanism: In BNSS, this section is read alongside provisions requiring expeditious, day-to-day trial scheduling.

Key Landmark Precedents:

State of U.P. v. Shambhu Nath Singh (2001) 4 SCC 667: The Supreme Court held that trial courts have a statutory obligation to examine witnesses on a day-to-day basis once witnesses are in attendance; granting routine adjournments defeats criminal justice.
Zahira Habibullah Sheikh v. State of Gujarat (2004) 4 SCC 158: Affirmed that securing witness attendance is an essential facet of the court's truth-seeking function, requiring protective measures where witnesses are intimidated.

Legal Commentary:

Section 253 sets the evidentiary calendar. The prosecution must produce a scheduled witness list, and the defense must prepare cross-examination strategies in advance to handle continuous witness depositions without seeking unmerited adjournments.