Section 266 BNSS: Evidence for defence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 266 BNSS at a Glance

Section 266 BNSS deals with evidence for defence. It replaced Section 243 CrPC on 1 July 2024.

Was CrPC

Section 243 →

Section 266 BNSS Bare Act Text

(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.

Source: Section 266, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 266 BNSS in Simple Words

Section 266 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the evidence for defence. Under Section 266(1) BNSS, the accused shall 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.

Under Section 266(2) BNSS, the Magistrate shall issue process for compelling the attendance of any witness or the production of any document or other thing on the application of the accused, unless the Magistrate considers 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 and records that ground in writing. A proviso to Section 266(2) BNSS deals with a witness whom the accused has cross-examined or had the opportunity of cross-examining before entering on his defence.

A further proviso to Section 266(2) BNSS deals with the examination of a witness by audio-video electronic means at the designated place to be notified by the State Government. Under Section 266(3) BNSS, the Magistrate may require that the reasonable expenses incurred by the witness be deposited in Court.

When Section 266 BNSS Applies

  • Under Section 266(1) BNSS, the accused shall be called upon to enter upon his defence and produce his evidence.
  • Under Section 266(1) BNSS, if the accused puts in any written statement, the Magistrate shall file it with the record.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 266 BNSS

Kavita is the accused in a trial before a Magistrate. Under Section 266(1) BNSS, Kavita is called upon to enter upon the defence and produce evidence, and Kavita puts in a written statement, which the Magistrate files with the record. After Kavita has entered upon the defence, Kavita applies under Section 266(2) BNSS to the Magistrate to issue process for compelling the attendance of Arjun as a witness. The Magistrate shall issue the process unless the Magistrate considers 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, and records that ground in writing. Before summoning Arjun, the Magistrate may under Section 266(3) BNSS require that the reasonable expenses incurred by Arjun in attending for the purposes of the trial be deposited in Court. Dev is a witness whom Kavita had the opportunity of cross-examining before entering on the defence. Under the proviso to Section 266(2) BNSS, the attendance of Dev shall not be compelled under Section 266 BNSS unless the Magistrate is satisfied that it is necessary for the ends of justice. Under the further proviso to Section 266(2) BNSS, the examination of Arjun under Section 266(2) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government.

When Section 266 BNSS Does Not Apply

  • Section 266(1) BNSS speaks of the accused being called upon to enter upon his defence and produce his evidence. It does not deal with the evidence for prosecution, which is the subject of Section 265 BNSS, headed Evidence for prosecution.
  • Section 266(2) BNSS speaks of an application by the accused, after the accused has entered upon the defence, for process to compel the attendance of a witness or the production of a document or other thing. It does not deal with a summons issued to a witness of the prosecution on the application of the prosecution, which is in Section 265(2) BNSS.

Section 266 BNSS in the CrPC (Previous Law)

Section 266 BNSS replaced Section 243 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 266 BNSS

Can the examination of a witness be done by audio-video electronic means under Section 266 BNSS?▼

Yes. Under the further proviso to Section 266(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.

When can the Magistrate refuse an application by the accused for process under Section 266 BNSS?▼

Under Section 266(2) BNSS, the Magistrate shall issue such process unless he considers 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, and such ground shall be recorded by him in writing.

What is the rule for a witness whom the accused has cross-examined under Section 266 BNSS?▼

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.

What changed from Section 243 CrPC to Section 266 BNSS from 1 July 2024?▼

From 1 July 2024, Section 266 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 243 of the Code of Criminal Procedure, 1973. Section 266 BNSS has the same heading as Section 243 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. The rest of the text is the same.

Section 266 BNSS: Sub-sections Explained

Section 266(1) BNSS: Evidence for defence

▶

Bare Act Text

(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.

Previous Law

CrPC 243 → Section 266(1) BNSS

Section 266(2) BNSS: Evidence for defence

▶

Bare Act Text

(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.

Previous Law

CrPC 243(2) → Section 266(2) BNSS

Section 266(3) BNSS: Evidence for defence

▶

Bare Act Text

(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.

Previous Law

CrPC 243(3) → Section 266(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·