Section 269 BNSS: Procedure where accused is not discharged

Section 269 BNSS Bare Act Text

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.

Source: Section 269, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 269 BNSS in Simple Words

When Section 269 BNSS Applies

• Under Section 269(1) BNSS, the Magistrate shall frame in writing a charge against the accused if, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under the Chapter, which the Magistrate is competent to try and which, in his opinion, could be adequately punished by him.
• Under Section 269(2) BNSS, the charge shall then be read and explained to the accused, and the accused shall be asked whether the accused pleads guilty or has any defence to make.
• Under Section 269(3) BNSS, if the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict the accused on it.
• Under Section 269(4) BNSS, an accused who refuses to plead, does not plead, claims to be tried, or is not convicted under Section 269(3) BNSS shall be required to state whether the accused wishes to cross-examine any of the prosecution witnesses whose evidence has been taken, and if so, which of them.
• Under Section 269(5) BNSS, if the accused says the accused so wishes, the witnesses named by the accused shall be recalled and, after cross-examination and any re-examination, they shall be discharged.
• Under Section 269(6) BNSS, the evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and any re-examination, they shall also be discharged.
• Under Section 269(7) BNSS, where, despite giving opportunity to the prosecution and after taking all reasonable measures under the Sanhita, the attendance of the prosecution witnesses under Section 269(5) BNSS and Section 269(6) BNSS cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.

Time Limits Under Section 269 BNSS

• Under Section 269(4) BNSS, the accused shall be required to state at the commencement of the next hearing of the case whether the accused wishes to cross-examine any of the prosecution witnesses whose evidence has been taken.Act text: “at the commencement of the next hearing of the case”
• Under Section 269(4) BNSS, if the Magistrate for reasons to be recorded in writing so thinks fit, the accused shall be required to state this forthwith.Act text: “if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith”

Example of Section 269 BNSS

When Section 269 BNSS Does Not Apply

• Section 269 BNSS speaks of the procedure where the accused is not discharged. It does not deal with when the accused shall be discharged, which is the subject of Section 268 BNSS.
• Section 269 BNSS speaks of the evidence of the remaining witnesses for the prosecution. It does not deal with the evidence for defence, which is the subject of Section 270 BNSS.

Section 269 BNSS in the CrPC (Previous Law)

FAQs on Section 269 BNSS

Section 269 BNSS: Sub-sections Explained

Sections Related to Section 269 BNSS