Section 269 BNSS: Procedure where accused is not discharged (Formerly Section 246 CrPC)

Section 269 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure where accused is not discharged

Official Bare Act Text

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

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.

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 269

Section 269 regulates the procedure where the accused is not discharged in a private complaint warrant case, mandating the framing of a formal charge in writing, recording of plea, and recall of witnesses for cross-examination (replacing Section 246 CrPC).

Framing of Charge: Magistrate forms an opinion that there is ground for presuming that the accused has committed an offence.
Reading & Explaining: Charge framed in writing, read and explained to the accused, and plea recorded.
Witness Recall for Cross-Examination: Accused is asked whether they wish to recall any prosecution witnesses for cross-examination; if yes, witnesses MUST be recalled.

Key Landmark Precedents:

R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716: The Supreme Court held that framing charge under Section 246 CrPC (Section 269 BNSS) requires prima facie ground for presuming guilt, and the right to recall witnesses for further cross-examination is statutory and absolute.
Ajoy G. Patel v. State of Maharashtra (2000) 10 SCC 430: Affirmed that the accused can recall all or any complainant witnesses for post-charge cross-examination.

Courtroom Practice & Strategic Litigation Guidance:

Once charges are framed in a private complaint, immediately exercise your statutory right under Section 269(4) by submitting a list of complainant witnesses you wish to recall for post-charge cross-examination.