Section 256 BNSS: Entering upon defence (Formerly Section 233 CrPC)

Section 256 of Bharatiya Nagarik Suraksha Sanhita, 2023: Entering upon defence

Official Bare Act Text

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

(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

Legal Commentary & Landmark Judgments: Section 256

Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the stage of entering upon defense in Sessions trials and summoning defense witnesses.

Evidentiary Proof & Admissibility: Section 256 provides that where the accused is not acquitted under Section 255, they shall be called upon to enter on their defence and adduce any evidence they may have in support thereof.
Core Legal Standard: If the accused puts in any written statement, the Judge shall file it with the record.

Under sub-section (2), if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document, the Judge shall issue such process unless they consider that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

Key Landmark Precedents:

Dudh Nath Pandey v. State of U.P. (1981) 2 SCC 166: The Supreme Court held that defense witnesses are entitled to the same treatment and standard of judicial evaluation as prosecution witnesses; courts cannot treat defense evidence with suspicion or disdain.
State of U.P. v. Babu Ram (2000) 4 SCC 515: Affirmed that the right of the accused to adduce defense evidence under Section 233 CrPC (Sec 256 BNSS) is a fundamental attribute of the right to a fair trial under Article 21.

Legal Commentary:

Section 256 empowers the defense to affirmatively establish their case, such as an alibi, self-defense, or document fabrication. The court cannot refuse to summon defense witnesses unless it explicitly records reasons that the application is frivolous or dilatory.