Section 270 BNSS: Evidence for defence (Formerly Section 247 CrPC)

Section 270 of Bharatiya Nagarik Suraksha Sanhita, 2023: Evidence for defence

Official Bare Act Text

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

The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case.

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 270

Section 270 regulates the evidence for defence in warrant cases instituted otherwise than on a police report, providing that the accused shall then be called upon to enter upon their defence and produce their evidence (replacing Section 247 CrPC).

Defence Stage in Complaint Cases: Commences after prosecution witnesses are discharged and examination of accused under Section 351 BNSS is completed.
Application of Section 266: Provisions of Section 266 regarding summoning and examination of defence witnesses apply fully to complaint trials.
Parity of Fair Trial: Ensures the accused has equal statutory facilities to compel attendance of witnesses and production of records.

Key Landmark Precedents:

T. Nagappa v. Y.R. Muralidhar (2008) 5 SCC 633: The Supreme Court affirmed that fair trial requires full opportunity to lead defence evidence in private complaint trials, including forensic examination of questioned documents.
Kalyani Baskar v. M.S. Sampoornam (2007) 2 SCC 258: Reaffirmed that the accused has an undeniable right to summon defence witnesses under Section 247/243 CrPC (Section 270/266 BNSS).

Courtroom Practice & Strategic Litigation Guidance:

Use Section 270 read with Section 266 BNSS to summon independent government records, bank statements, or forensic experts to rebut the complainant's allegations and establish an affirmative defence.