Section 267 BNSS: Evidence for prosecution (Formerly Section 244 CrPC)

Section 267 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) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

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 267

Section 267 prescribes the procedure for recording evidence for prosecution in warrant cases instituted otherwise than on a police report (private complaint cases), requiring the Magistrate to hear the prosecution and take all evidence produced (replacing Section 244 CrPC).

Private Complaint Warrant Trial: Warrant cases instituted on a private complaint under Section 223 BNSS.
Pre-Charge Evidence Stage: Magistrate hears the prosecution and takes all such evidence as may be produced in support of the complaint BEFORE framing of charge.
Issuance of Process to Witnesses: Magistrate may issue summons to any person to attend or produce any document on application of complainant.

Key Landmark Precedents:

R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716: The Supreme Court settled that in private complaint warrant trials, recording pre-charge evidence under Section 244 CrPC (Section 267 BNSS) is an indispensable prerequisite before charges can be framed.
Ajoy G. Patel v. State of Maharashtra (2000) 10 SCC 430: Held that the accused has an absolute right to cross-examine complainant witnesses at the pre-charge stage.

Courtroom Practice & Strategic Litigation Guidance:

Crucial distinction: In complaint warrant cases, the accused has TWO opportunities to cross-examine: (1) At the pre-charge stage under Section 267; and (2) After charge framing under Section 269. Never waive cross-examination at the pre-charge stage if seeking discharge under Section 268.