Section 269 of BNSS : Section 269: Procedure where accused is not discharged.

The Bharatiya Nagarik Suraksha Sanhita 2023

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Scenario: Rajesh is accused of theft from a local shop.

  1. Evidence Collection: The shop owner and a few witnesses provide evidence against Rajesh. The Magistrate reviews the evidence and believes there is enough ground to presume Rajesh committed the theft.
  2. Framing Charges: The Magistrate frames a charge of theft against Rajesh in writing.
  3. Reading Charges: The charge is read and explained to Rajesh. The Magistrate asks Rajesh if he pleads guilty or has any defense.
  4. Plea: Rajesh pleads not guilty and claims he wants to be tried.
  5. Cross-Examination: At the next hearing, Rajesh is asked if he wishes to cross-examine any of the prosecution witnesses. Rajesh chooses to cross-examine the shop owner and one witness.
  6. Witness Recall: The shop owner and the witness are recalled, cross-examined by Rajesh's lawyer, and then discharged.
  7. Remaining Witnesses: The remaining witnesses for the prosecution are then examined, cross-examined, and discharged.
  8. Unavailable Witnesses: Despite efforts, one witness could not be secured for cross-examination. The Magistrate records this and proceeds with the case based on the available evidence.

Example 2:

Scenario: Priya is accused of causing grievous hurt in a neighborhood altercation.

  1. Evidence Collection: Several neighbors provide evidence against Priya. The Magistrate reviews the evidence and believes there is enough ground to presume Priya committed the offense.
  2. Framing Charges: The Magistrate frames a charge of causing grievous hurt against Priya in writing.
  3. Reading Charges: The charge is read and explained to Priya. The Magistrate asks Priya if she pleads guilty or has any defense.
  4. Plea: Priya pleads guilty. The Magistrate records her plea.
  5. Conviction: Using his discretion, the Magistrate convicts Priya based on her guilty plea.
  6. Sentencing: The Magistrate then proceeds to sentence Priya appropriately for the offense of causing grievous hurt.

Example 3:

Scenario: Sunil is accused of fraud in a business transaction.

  1. Evidence Collection: The business partner and other witnesses provide evidence against Sunil. The Magistrate reviews the evidence and believes there is enough ground to presume Sunil committed the fraud.
  2. Framing Charges: The Magistrate frames a charge of fraud against Sunil in writing.
  3. Reading Charges: The charge is read and explained to Sunil. The Magistrate asks Sunil if he pleads guilty or has any defense.
  4. Plea: Sunil refuses to plead and claims he wants to be tried.
  5. Cross-Examination: At the next hearing, Sunil is asked if he wishes to cross-examine any of the prosecution witnesses. Sunil chooses to cross-examine the business partner and two other witnesses.
  6. Witness Recall: The business partner and the two witnesses are recalled, cross-examined by Sunil's lawyer, and then discharged.
  7. Remaining Witnesses: The remaining witnesses for the prosecution are then examined, cross-examined, and discharged.
  8. Unavailable Witnesses: Despite efforts, one key witness could not be secured for cross-examination. The Magistrate records this and proceeds with the case based on the available evidence.