Section 277 BNSS: Procedure when not convicted (Formerly Section 254 CrPC)

Section 277 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure when not convicted

Official Bare Act Text

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

(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

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

Complaint Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 277

Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 254 of the CrPC, 1973) lays down the trial procedure in summons cases when the Magistrate does not convict on a plea of guilty, requiring full recording of prosecution and defence evidence.

Hearing the Prosecution: The Magistrate must proceed to hear the prosecution and take all evidence produced in support of the prosecution case.
Power to Summon Witnesses: The Magistrate has wide statutory discretion, upon application of either party, to issue summonses to any witness directing attendance or production of documents.
Hearing the Accused and Defence Evidence: After prosecution evidence is closed, the Magistrate must hear the accused and take all such evidence as the accused produces in defence.

Key Landmark Precedents:

Ratilal Bhanji Mithani v. State of Maharashtra, (1979) 2 SCC 179: The Supreme Court affirmed that the Magistrate cannot truncate the prosecution's right to lead relevant evidence; every witness cited must be given opportunity to depose.
Babu v. State of T.N., (2013) 4 SCC 448: Reiterated that the right of an accused in a summons trial to produce witnesses in defence is an indispensable facet of natural justice.

Courtroom Practice & Strategic Litigation Guidance:

In summons trials under Section 138 NI Act or regulatory statutes, file written applications under Section 277(2) early with exact justifications to ensure crucial defense witnesses and documents are summoned.