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

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.