Section 266 of BNSS : Section 266: Evidence for defence.

Explanation using Example

Example 1:

Scenario: Raj is accused of theft and is on trial in a Magistrate's court.

Application of Section 266:

1. Entering Defence: After the prosecution has presented its case, the Magistrate calls upon Raj to present his defence. Raj decides to submit a written statement explaining his innocence and providing an alibi. The Magistrate files this written statement with the court records.
2. Request for Witnesses: Raj believes that his friend, Suresh, who was with him at the time of the alleged theft, can testify to his innocence. Raj requests the Magistrate to issue a summons to Suresh to appear in court as a witness. The Magistrate issues the summons because the request is not for vexation or delay.
3. Cross-Examination: During the trial, the prosecution had already cross-examined Suresh. Raj wants to cross-examine Suresh again to clarify some points. The Magistrate considers whether this is necessary for justice and decides it is, so he allows the cross-examination.
4. Electronic Means: Suresh is currently out of town and cannot attend the court in person. The Magistrate allows Suresh to be examined via video conferencing from a designated place notified by the State Government.
5. Expenses: Before summoning another witness, the Magistrate asks Raj to deposit a reasonable amount in court to cover the witness's travel expenses.

Example 2:

Scenario: Priya is accused of fraud and is on trial in a Magistrate's court.

Application of Section 266:

1. Entering Defence: After the prosecution rests its case, the Magistrate asks Priya to present her defence. Priya submits a written statement detailing her version of events and denying the charges. The Magistrate files this statement with the court records.
2. Request for Documents: Priya believes that certain bank statements can prove her innocence. She requests the Magistrate to issue a process to the bank to produce these documents. The Magistrate issues the process as the request is legitimate and not intended to delay the trial.
3. Cross-Examination: Priya had the opportunity to cross-examine the bank manager earlier in the trial. She now wants to call the bank manager again to clarify some new points. The Magistrate assesses the necessity and decides it is not required for justice, so he denies the request.
4. Electronic Means: One of Priya's witnesses, an expert accountant, is unable to attend the court in person due to health reasons. The Magistrate allows the accountant to testify via video conferencing from a designated place notified by the State Government.
5. Expenses: Priya requests the attendance of another witness who lives far away. The Magistrate asks Priya to deposit a reasonable amount in court to cover the witness's travel expenses before issuing the summons.