Section 254 BNSS: Evidence for prosecution

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 254 BNSS at a Glance

Section 254 BNSS deals with evidence for prosecution. It replaced Section 231 CrPC on 1 July 2024.

Was CrPC

Section 231 →

Section 254 BNSS Bare Act Text

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:

Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.

(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.

(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Source: Section 254, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 254 BNSS in Simple Words

Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies on the date so fixed. Under Section 254(1) BNSS, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution, and a proviso allows the evidence of a witness under Section 254(1) BNSS to be recorded by audio-video electronic means.

Under Section 254(2) BNSS, the deposition of evidence of any public servant may be taken through audio-video electronic means. Under Section 254(3) BNSS, the Judge may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined, or recall any witness for further cross-examination.

When Section 254 BNSS Applies

  • Under Section 254(1) BNSS, on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
  • Under the proviso to Section 254(1) BNSS, evidence of a witness under Section 254(1) BNSS may be recorded by audio-video electronic means.
  • Under Section 254(2) BNSS, the deposition of evidence of any public servant may be taken through audio-video electronic means.
  • Under Section 254(3) BNSS, the Judge may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined, or recall any witness for further cross-examination.

Time Limits Under Section 254 BNSS

  • The Judge shall proceed to take all evidence produced in support of the prosecution on the date so fixed under Section 254(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.Act text: “On the date so fixed, the Judge shall proceed to take all such evidence”
  • Under Section 254(3) BNSS, the cross-examination of a witness may be deferred until any other witness or witnesses have been examined.Act text: “deferred until any other witness or witnesses have been examined”

Example of Section 254 BNSS

On the date so fixed, Judge Rao shall proceed to take all such evidence as may be produced in support of the prosecution. Under the proviso to Section 254(1) BNSS, the evidence of the witness Anita may be recorded by audio-video electronic means. Under Section 254(2) BNSS, the deposition of evidence of Inspector Mehra, a public servant, may be taken through audio-video electronic means.

When Section 254 BNSS Does Not Apply

  • Section 254(1) BNSS speaks of evidence produced in support of the prosecution. It does not deal with the evidence for the defence.
  • Section 254(3) BNSS speaks of deferring the cross-examination of a witness or recalling a witness. It does not deal with the entering upon defence.

Section 254 BNSS in the CrPC (Previous Law)

Section 254 BNSS replaced Section 231 CrPC from 1 July 2024.

Section 254 BNSS has the same heading as Section 231 CrPC, from 1 July 2024. Section 254(1) BNSS adds a proviso that evidence of a witness under Section 254(1) BNSS may be recorded by audio-video electronic means. Section 254(2) BNSS adds that the deposition of evidence of any public servant may be taken through audio-video electronic means. Section 231(2) CrPC is found in Section 254(3) BNSS with the same words.

Each sub-section below names its own source.

FAQs on Section 254 BNSS

What does the Judge do on the date so fixed under Section 254 BNSS?▼

Under Section 254(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

Can evidence be recorded by audio-video electronic means under Section 254 BNSS?▼

Yes. Under the proviso to Section 254(1) BNSS, evidence of a witness under Section 254(1) BNSS may be recorded by audio-video electronic means. Under Section 254(2) BNSS, the deposition of evidence of any public servant may be taken through audio-video electronic means.

Can the cross-examination of a witness be deferred under Section 254 BNSS?▼

Yes. Under Section 254(3) BNSS, the Judge may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined, or recall any witness for further cross-examination.

What changed from Section 231 CrPC to Section 254 BNSS from 1 July 2024?▼

From 1 July 2024, Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 231 of the Code of Criminal Procedure, 1973. Section 254 BNSS has the same heading as Section 231 CrPC. Section 254(1) BNSS adds a proviso that evidence of a witness under Section 254(1) BNSS may be recorded by audio-video electronic means. Section 254(2) BNSS adds that the deposition of evidence of any public servant may be taken through audio-video electronic means. Section 231(2) CrPC is found in Section 254(3) BNSS with the same words.

Section 254 BNSS: Sub-sections Explained

Section 254(1) BNSS: Evidence for prosecution

▶

Bare Act Text

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:

Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.

Previous Law

CrPC 231 → Section 254(1) BNSS

Section 254(2) BNSS: Evidence for prosecution

▶

Bare Act Text

(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.

Section 254(3) BNSS: Evidence for prosecution

▶

Bare Act Text

(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Previous Law

CrPC 231(2) → Section 254(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·