Section 265 BNSS: Evidence for prosecution

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 265 BNSS at a Glance

Section 265 BNSS deals with evidence for prosecution. It replaced Section 242 CrPC on 1 July 2024.

Was CrPC

Section 242 →

Section 265 BNSS Bare Act Text

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses:

Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

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

Provided that the Magistrate 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:

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.

Source: Section 265, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 265 BNSS in Simple Words

Section 265 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 264 BNSS. Under Section 265(1) BNSS, the Magistrate shall fix a date for the examination of witnesses, and under the proviso the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.

Under Section 265(2) BNSS, the Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing the witness to attend or to produce any document or other thing. Under Section 265(3) BNSS, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution, and under the proviso the Magistrate 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.

Under the further proviso to Section 265(3) BNSS, the examination of a witness may be done by audio-video electronic means at the designated place to be notified by the State Government.

When Section 265 BNSS Applies

  • Section 265(1) BNSS applies if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 264 BNSS.
  • In that case, Section 265(1) BNSS provides that the Magistrate shall fix a date for the examination of witnesses.
  • Under the proviso to Section 265(1) BNSS, the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.
  • Under Section 265(2) BNSS, the Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing the witness to attend or to produce any document or other thing.
  • Under Section 265(3) BNSS, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.
  • Under the proviso to Section 265(3) BNSS, the Magistrate 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.
  • Under the further proviso to Section 265(3) BNSS, the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government.

Time Limits Under Section 265 BNSS

  • Under the proviso to Section 265(1) BNSS, the Magistrate shall supply the statement of witnesses to the accused in advance.Act text: “Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.”
  • Under Section 265(3) BNSS, the Magistrate shall proceed to take the evidence produced in support of the prosecution on the date so fixed.Act text: “On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution”

Example of Section 265 BNSS

Rohan is accused before a Magistrate and claims to be tried. Under Section 265(1) BNSS, the Magistrate shall fix a date for the examination of witnesses, and the Magistrate shall supply in advance to Rohan the statement of witnesses recorded during investigation by the police. Under Section 265(2) BNSS, on the application of the prosecution, the Magistrate may issue a summons to Kavita, a witness of the prosecution, directing Kavita to attend or to produce any document or other thing. On the date so fixed, under Section 265(3) BNSS, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution, and the Magistrate may permit the cross-examination of Kavita to be deferred until Dev, another witness, has been examined. Under the further proviso to Section 265(3) BNSS, the examination of Dev may be done by audio-video electronic means at the designated place to be notified by the State Government.

When Section 265 BNSS Does Not Apply

  • Section 265(1) BNSS speaks of the Magistrate fixing a date for the examination of witnesses. It does not deal with the conviction of an accused who pleads guilty.
  • Section 265(2) BNSS speaks of a summons to a witness of the prosecution. It does not deal with the evidence for defence.

Section 265 BNSS in the CrPC (Previous Law)

Section 265 BNSS replaced Section 242 CrPC from 1 July 2024.

Section 265 BNSS has the same heading as Section 242 CrPC, from 1 July 2024. Section 265(1) BNSS refers to Section 264 BNSS where Section 242(1) CrPC referred to Section 241 CrPC. Section 265(3) BNSS adds a further proviso: the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 242 CrPC has no counterpart to that further proviso. The rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 265 BNSS

When does the Magistrate fix a date for the examination of witnesses under Section 265 BNSS?▼

Under Section 265(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall fix a date for the examination of witnesses if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 264 BNSS. Under the proviso to Section 265(1) BNSS, the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.

Can the Magistrate issue a summons to a witness of the prosecution under Section 265 BNSS?▼

Yes. Under Section 265(2) BNSS, the Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing the witness to attend or to produce any document or other thing.

Can the examination of a witness be done by audio-video electronic means under Section 265 BNSS?▼

Yes. Under the further proviso to Section 265(3) BNSS, the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Under the proviso to Section 265(3) BNSS, the Magistrate 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 242 CrPC to Section 265 BNSS from 1 July 2024?▼

From 1 July 2024, Section 265 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 242 of the Code of Criminal Procedure, 1973. Section 265 BNSS has the same heading as Section 242 CrPC. Section 265(1) BNSS refers to Section 264 BNSS where Section 242(1) CrPC referred to Section 241 CrPC. Section 265(3) BNSS adds a further proviso: the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 242 CrPC has no counterpart to that further proviso. The rest of the text is the same.

Section 265 BNSS: Sub-sections Explained

Section 265(1) BNSS: Evidence for prosecution

▶

Bare Act Text

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses:

Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.

Previous Law

CrPC 242 → Section 265(1) BNSS

Section 265(2) BNSS: Evidence for prosecution

▶

Bare Act Text

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

Previous Law

CrPC 242(2) → Section 265(2) BNSS

Section 265(3) BNSS: Evidence for prosecution

▶

Bare Act Text

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

Provided that the Magistrate 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:

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.

Previous Law

CrPC 242(3) → Section 265(3) BNSS

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