Section 267 BNSS: Evidence for prosecution

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 267 BNSS at a Glance

Section 267 BNSS deals with evidence for prosecution. It replaced Section 244 CrPC on 1 July 2024.

Was CrPC

Section 244 →

Section 267 BNSS Bare Act Text

(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

(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.

Source: Section 267, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 267 BNSS in Simple Words

Section 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Evidence for prosecution.

When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

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.

When Section 267 BNSS Applies

  • Section 267(1) BNSS applies in a warrant-case instituted otherwise than on a police report, when the accused appears or is brought before a Magistrate.
  • The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
  • Under Section 267(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.

Example of Section 267 BNSS

A warrant-case is instituted against Meera otherwise than on a police report. Meera appears before a Magistrate. The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. On the application of the prosecution, the Magistrate may issue a summons to a witness of the prosecution directing the witness to attend or to produce any document or other thing.

When Section 267 BNSS Does Not Apply

  • Section 267 BNSS speaks of hearing the prosecution and taking its evidence. It does not deal with the discharge of the accused, which is the subject of Section 268 BNSS.
  • Section 267 BNSS speaks of a summons issued on the application of the prosecution. It does not deal with evidence for the defence, which is the subject of Section 270 BNSS.

Section 267 BNSS in the CrPC (Previous Law)

Section 267 BNSS replaced Section 244 CrPC from 1 July 2024.

From 1 July 2024, Section 244 of the Code of Criminal Procedure, 1973 is found in Section 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Evidence for prosecution, and the same text. Neither text refers to another section.

Each sub-section below names its own source.

FAQs on Section 267 BNSS

What must the Magistrate do under Section 267(1) BNSS?▼

When the accused appears or is brought before the Magistrate in a warrant-case instituted otherwise than on a police report, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

Can the Magistrate summon the witnesses of the prosecution under Section 267 BNSS?▼

Yes. Section 267(2) BNSS reads that 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.

Does Section 267 BNSS state a time limit?▼

No. Section 267 BNSS does not state a period of time.

What changed from Section 244 CrPC to Section 267 BNSS from 1 July 2024?▼

Section 267 BNSS has the same heading, Evidence for prosecution, and the same text as Section 244 CrPC. Neither text refers to another section.

Section 267 BNSS: Sub-sections Explained

Section 267(1) BNSS: Evidence for prosecution

▶

Bare Act Text

(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

Previous Law

CrPC 244 → Section 267(1) BNSS

Section 267(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 244(2) → Section 267(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·