Section 277 BNSS: Procedure when not convicted
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 277 BNSS at a Glance
Section 277 BNSS deals with procedure when not convicted. It replaced Section 254 CrPC on 1 July 2024.
Section 277 BNSS Bare Act Text
(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Source: Section 277, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 277 BNSS in Simple Words
Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the case where the Magistrate does not convict the accused under Section 275 BNSS or Section 276 BNSS. The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness. The Magistrate may require the reasonable expenses of the witness to be deposited in Court.
When Section 277 BNSS Applies
- Section 277(1) BNSS applies if the Magistrate does not convict the accused under Section 275 BNSS or Section 276 BNSS.
- The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
- The Magistrate shall also hear the accused and take all such evidence as he produces in his defence.
- Under Section 277(2) BNSS the Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
- Under Section 277(3) BNSS the Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Example of Section 277 BNSS
When Section 277 BNSS Does Not Apply
- Section 277(1) BNSS speaks of hearing the prosecution and the accused and taking evidence. It does not deal with the finding of not guilty or guilty after the evidence is taken, which Section 278 BNSS covers under the heading Acquittal or conviction.
- Section 277 BNSS speaks of a trial that goes on when the Magistrate does not convict the accused. It does not deal with the withdrawal of a complaint, which Section 280 BNSS covers under the heading Withdrawal of complaint.
Section 277 BNSS in the CrPC (Previous Law)
Section 277 BNSS replaced Section 254 CrPC from 1 July 2024.
Section 254 of the Code of Criminal Procedure, 1973 is found in Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 277(1) BNSS refers to Section 275 BNSS and Section 276 BNSS where Section 254(1) CrPC referred to Section 252 CrPC and Section 253 CrPC. The rest of the text is the same.
Each sub-section below names its own source.
FAQs on Section 277 BNSS
When does Section 277 BNSS apply?▼
Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies if the Magistrate does not convict the accused under Section 275 BNSS or Section 276 BNSS. The Magistrate shall then proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
Can a witness be summoned under Section 277 BNSS?▼
Yes. Under Section 277(2) BNSS the Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
Can the Magistrate ask for the expenses of a witness to be deposited under Section 277 BNSS?▼
Section 277(3) BNSS says the Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
What changed from Section 254 CrPC to Section 277 BNSS from 1 July 2024?▼
Section 277 BNSS has the same heading and the same text as Section 254 CrPC, with this difference. Section 277(1) BNSS refers to Section 275 BNSS and Section 276 BNSS where Section 254(1) CrPC referred to Section 252 CrPC and Section 253 CrPC.
Section 277 BNSS: Sub-sections Explained
Section 277(1) BNSS: Procedure when not convicted
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Bare Act Text
(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
Section 277(2) BNSS: Procedure when not convicted
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Bare Act Text
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
Section 277(3) BNSS: Procedure when not convicted
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Bare Act Text
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·