CrPC 243→BNSS 266

CrPC 243 to BNSS 266: Evidence for defence

Section 243 CrPC (1973) replaced by Section 266 BNSS (2023)

View CrPC Section 243 →View BNSS Section 266 →

CrPC 243 to BNSS 266 at a Glance

Section 243 CrPC (Evidence for defence) is now Section 266 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 243 to BNSS 266?

Section 266 BNSS has the same heading as Section 243 CrPC, from 1 July 2024. Section 266(2) BNSS adds a further proviso: the examination of a witness under Section 266(2) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 243 CrPC has no counterpart to that further proviso. The rest of the text is the same.

CrPC 243 vs BNSS 266: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section243266
HeadingEvidence for defenceSame
Sub-sections3 sub-sectionsSame

CrPC 243 and BNSS 266: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 243, CrPC 1973

243. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
BNSS 2023 (in force)

Section 266, BNSS 2023

266. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

When It Applies: CrPC 243 vs BNSS 266

Under CrPC 243
  1. Under Section 243(1) CrPC, the accused shall be called upon to enter upon his defence and produce his evidence.
  2. Under Section 243(1) CrPC, if the accused puts in any written statement, the Magistrate shall file it with the record.
  3. Under Section 243(2) CrPC, if the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing.
  4. Under the proviso to Section 243(2) CrPC, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under Section 243 CrPC, unless the Magistrate is satisfied that it is necessary for the ends of justice.
  5. Under Section 243(3) CrPC, the Magistrate may, before summoning any witness on an application under Section 243(2) CrPC, require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
Under BNSS 266
  1. Under Section 266(1) BNSS, the accused shall be called upon to enter upon his defence and produce his evidence.
  2. Under Section 266(1) BNSS, if the accused puts in any written statement, the Magistrate shall file it with the record.
  3. Under Section 266(2) BNSS, if the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing.
  4. Under the proviso to Section 266(2) BNSS, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under Section 266 BNSS, unless the Magistrate is satisfied that it is necessary for the ends of justice.
  5. Under the further proviso to Section 266(2) BNSS, the examination of a witness under Section 266(2) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government.
  6. Under Section 266(3) BNSS, the Magistrate may, before summoning any witness on an application under Section 266(2) BNSS, require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

What CrPC 243 to BNSS 266 Means in Practice

From 1 July 2024, the text of Section 243 CrPC is found in Section 266 BNSS. Section 266(2) BNSS has a further proviso on audio-video electronic means, and Section 243 CrPC has no counterpart to it.

FAQs: CrPC 243 to BNSS 266

Which BNSS section replaced Section 243 CrPC?▼

From 1 July 2024, Section 243 CrPC is found in Section 266 BNSS. Section 243(1) CrPC is found in Section 266(1) BNSS, Section 243(2) CrPC in Section 266(2) BNSS and Section 243(3) CrPC in Section 266(3) BNSS.

What does the further proviso to Section 266(2) BNSS add to Section 243(2) CrPC?▼

Section 266(2) BNSS adds a further proviso: the examination of a witness under Section 266(2) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 243 CrPC has no counterpart to that further proviso.

Which words of Section 243(2) CrPC are the same in Section 266(2) BNSS?▼

Section 266(2) BNSS has the same words as Section 243(2) CrPC on the ground that the application is made for the purpose of vexation or delay or for defeating the ends of justice, and on the proviso that the Magistrate is satisfied that it is necessary for the ends of justice, apart from the further proviso.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·