Section 254 BNSS: Evidence for prosecution (Formerly Section 244 CrPC)

Section 254 of Bharatiya Nagarik Suraksha Sanhita, 2023: Evidence for prosecution

Official Bare Act Text

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

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:

Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.

(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.

(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

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

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 254

Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the examination of prosecution witnesses and the recording of oral and electronic evidence in Sessions trials.

Evidentiary Proof & Admissibility: Section 254 provides that on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
Sub-Section (2): Judge: Sub-section (2) empowers the Judge, in their discretion, to permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined, or recall any witness for further cross-examination.

Evidence may be recorded in physical presence or through audio-video electronic means as sanctioned under BNSS Section 530.

Key Landmark Precedents:

Zahira Habibullah Sheikh v. State of Gujarat (2004) 4 SCC 158: The Supreme Court delivered a historic ruling that a criminal trial must not be a mock trial or an inquisitorial walkover; the court has an active duty to discover the truth and ensure all material witnesses depose without fear.
State of Kerala v. Rasheed (2019) 13 SCC 172: Laid down clear parameters for deferring cross-examination under Section 231(2) CrPC (Sec 254 BNSS): deferral is permissible where multiple witnesses depose on identical facts, to prevent witnesses from tailoring their testimony.

Legal Commentary:

Section 254 is the substantive core of a criminal trial. Defense counsel frequently invoke Section 254(2) to defer cross-examination of formal or identifying witnesses until the star eyewitnesses have deposed, preserving the element of surprise in cross-examination.