Section 231 CrPC: Evidence for prosecution

Code of Criminal Procedure, 1973

Section 231 CrPC at a Glance

Section 231 CrPC deals with evidence for prosecution. From 1 July 2024 it is replaced by Section 254 BNSS.

Now BNSS

Section 254 →

What Section 231 CrPC Says

231. Evidence for prosecution

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

(2) The Judge may, in his discretion, 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.

Source: Section 231, Code of Criminal Procedure, 1973

Section 231 CrPC in Simple Words

Section 231 of the Code of Criminal Procedure, 1973 applies on the date so fixed.

Under Section 231(1) CrPC, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

Under Section 231(2) CrPC, the Judge 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.

When Section 231 CrPC Applies

  • Under Section 231(1) CrPC, on the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
  • Under Section 231(2) CrPC, the Judge may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined.
  • Under Section 231(2) CrPC, the Judge may recall any witness for further cross-examination.

Time Limits Under Section 231 CrPC

  • The Judge shall proceed to take all evidence produced in support of the prosecution on the date so fixed under Section 231(1) of the Code of Criminal Procedure, 1973.Act text: “On the date so fixed, the Judge shall proceed to take all such evidence”
  • Under Section 231(2) CrPC, the cross-examination of a witness may be deferred until any other witness or witnesses have been examined.Act text: “deferred until any other witness or witnesses have been examined”

Example of Section 231 CrPC

On the date so fixed, Judge Rao shall proceed to take all such evidence as may be produced in support of the prosecution. Anita and Kiran are witnesses. Under Section 231(2) CrPC, Judge Rao may permit the cross-examination of Anita to be deferred until Kiran has been examined, or recall Anita for further cross-examination.

When Section 231 CrPC Does Not Apply

  • Section 231(1) CrPC speaks of evidence produced in support of the prosecution. It does not deal with the evidence for the defence.
  • Section 231(2) CrPC speaks of deferring the cross-examination of a witness or recalling a witness. It does not deal with the entering upon defence.

Section 231 CrPC Under BNSS 254: What Changed

Section 231 CrPC is now covered under Section 254 BNSS.

Section 254 BNSS has the same heading as Section 231 CrPC, from 1 July 2024. Section 254(1) BNSS adds a proviso that evidence of a witness under Section 254(1) BNSS may be recorded by audio-video electronic means. Section 254(2) BNSS adds that the deposition of evidence of any public servant may be taken through audio-video electronic means. Section 231(2) CrPC is found in Section 254(3) BNSS with the same words.

View detailed comparison (CrPC 231 vs BNSS 254) →

FAQs on Section 231 CrPC

What does the Judge do on the date so fixed under Section 231 CrPC?▼

Under Section 231(1) of the Code of Criminal Procedure, 1973, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

Can the cross-examination of a witness be deferred under Section 231 CrPC?▼

Yes. Under Section 231(2) CrPC, the Judge may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined.

Can a witness be recalled for further cross-examination under Section 231 CrPC?▼

Yes. Under Section 231(2) CrPC, the Judge may recall any witness for further cross-examination.

Where is Section 231 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 231 of the Code of Criminal Procedure, 1973 is found in Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 231(1) CrPC is found in Section 254(1) BNSS and Section 231(2) CrPC in Section 254(3) BNSS. Section 254 BNSS adds a proviso to Section 254(1) BNSS and adds Section 254(2) BNSS, which have no counterpart in Section 231 CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·