Section 256 BNSS: Entering upon defence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 256 BNSS at a Glance

Section 256 BNSS deals with entering upon defence. It replaced Section 233 CrPC on 1 July 2024.

Was CrPC

Section 233 →

Section 256 BNSS Bare Act Text

(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.

Source: Section 256, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 256 BNSS in Simple Words

Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Entering upon defence. It applies when the accused is not acquitted under Section 255 of the Sanhita. The accused shall then be called upon to enter on the defence and to produce any evidence the accused has in support of it.

The accused may put in a written statement, and the Judge shall file it with the record. The accused may also apply for process to compel a witness to attend, or a document or thing to be produced. The Judge shall issue that process.

The Judge may refuse only if the Judge considers, for reasons to be recorded, that the application was made for vexation or delay, or to defeat the ends of justice.

When Section 256 BNSS Applies

  • Section 256(1) BNSS applies where the accused is not acquitted under Section 255 BNSS.
  • If the accused puts in any written statement, the Judge shall file it with the record.
  • If the accused applies for process to compel the attendance of any witness or the production of any document or thing, the Judge shall issue the process unless the Judge considers, for reasons to be recorded, that the 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.

Example of Section 256 BNSS

Vikram is tried before a Judge and is not acquitted under Section 255 BNSS. Vikram is called upon to enter on the defence and adduce evidence. Vikram puts in a written statement, and the Judge files it with the record. Vikram then applies for process to compel the attendance of a witness. Unless the Judge considers, for reasons to be recorded, that the application is made for the purpose of vexation or delay or for defeating the ends of justice, the Judge shall issue the process.

When Section 256 BNSS Does Not Apply

  • Section 256 BNSS speaks of an accused who is not acquitted under Section 255 BNSS. It does not deal with the evidence for the prosecution, which is the subject of Section 254 BNSS.
  • Section 256 BNSS speaks of the accused called upon to enter on the defence. It does not deal with discharge, which is the subject of Section 250 BNSS.

Section 256 BNSS in the CrPC (Previous Law)

Section 256 BNSS replaced Section 233 CrPC from 1 July 2024.

From 1 July 2024, Section 233 of the Code of Criminal Procedure, 1973 is found in Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Entering upon defence. Section 256(1) BNSS refers to Section 255 BNSS where Section 233(1) CrPC referred to Section 232 CrPC. The rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 256 BNSS

What happens under Section 256 BNSS if the accused is not acquitted under Section 255 BNSS?▼

The accused shall be called upon to enter on the defence and adduce any evidence the accused may have in support of it.

What does the Judge do with a written statement under Section 256 BNSS?▼

If the accused puts in any written statement, the Judge shall file it with the record.

When can the Judge refuse the accused's application for process under Section 256 BNSS?▼

The Judge shall issue the process unless the Judge considers, for reasons to be recorded, that the 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.

What changed from Section 233 CrPC to Section 256 BNSS from 1 July 2024?▼

Section 256 BNSS has the same heading and the same text as Section 233 CrPC. Section 256(1) BNSS refers to Section 255 BNSS where Section 233(1) CrPC referred to Section 232 CrPC.

Section 256 BNSS: Sub-sections Explained

Section 256(1) BNSS: Entering upon defence

▶

Bare Act Text

(1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

Previous Law

CrPC 233 → Section 256(1) BNSS

Section 256(2) BNSS: Entering upon defence

▶

Bare Act Text

(2) If the accused puts in any written statement, the Judge shall file it with the record.

Previous Law

CrPC 233(2) → Section 256(2) BNSS

Section 256(3) BNSS: Entering upon defence

▶

Bare Act Text

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.

Previous Law

CrPC 233(3) → Section 256(3) BNSS

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·