Section 233 CrPC: Entering upon defence

Code of Criminal Procedure, 1973

Section 233 CrPC at a Glance

Section 233 CrPC deals with entering upon defence. From 1 July 2024 it is replaced by Section 256 BNSS.

Now BNSS

What Section 233 CrPC Says

233. Entering upon defence
(1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.

Source: Section 233, Code of Criminal Procedure, 1973

Section 233 CrPC in Simple Words

Section 233 of the Code of Criminal Procedure, 1973 is headed Entering upon defence. It applies when the accused is not acquitted under Section 232 of the Code. The accused shall then be called upon to enter on the defence and to produce any evidence the accused has in support of it.

The accused may put in a written statement, and the Judge shall file it with the record. The accused may also apply for process to compel a witness to attend, or a document or thing to be produced. The Judge shall issue that process.

The Judge may refuse only if the Judge considers, for reasons to be recorded, that the application was made for vexation or delay, or to defeat the ends of justice.

When Section 233 CrPC Applies

Section 233(1) CrPC applies where the accused is not acquitted under Section 232 CrPC.
If the accused puts in any written statement, the Judge shall file it with the record.
If the accused applies for process to compel the attendance of any witness or the production of any document or thing, the Judge shall issue the process unless the Judge considers, for reasons to be recorded, 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.

Example of Section 233 CrPC

Vikram is tried before a Judge and is not acquitted under Section 232 CrPC. Vikram is called upon to enter on the defence and adduce evidence. Vikram puts in a written statement, and the Judge files it with the record. Vikram then applies for process to compel the attendance of a witness. Unless the Judge considers, for reasons to be recorded, that the application is made for the purpose of vexation or delay or for defeating the ends of justice, the Judge shall issue the process.

When Section 233 CrPC Does Not Apply

Section 233 CrPC speaks of an accused who is not acquitted under Section 232 CrPC. It does not deal with the evidence for the prosecution, which is the subject of Section 231 CrPC.
Section 233 CrPC speaks of the accused called upon to enter on the defence. It does not deal with discharge, which is the subject of Section 227 CrPC.

Section 233 CrPC Under BNSS 256: What Changed

Section 233 CrPC is now covered under Section 256 BNSS.

From 1 July 2024, Section 233 of the Code of Criminal Procedure, 1973 is found in Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Entering upon defence. Section 256(1) BNSS refers to Section 255 BNSS where Section 233(1) CrPC referred to Section 232 CrPC. The rest of the text is the same.

View detailed comparison (CrPC 233 vs BNSS 256) →

FAQs on Section 233 CrPC

What happens under Section 233 CrPC if the accused is not acquitted under Section 232 CrPC?▼

The accused shall be called upon to enter on the defence and adduce any evidence the accused may have in support of it.

What does the Judge do with a written statement under Section 233 CrPC?▼

If the accused puts in any written statement, the Judge shall file it with the record.

When can the Judge refuse the accused's application for process under Section 233 CrPC?▼

The Judge shall issue the process unless the Judge considers, for reasons to be recorded, 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.

Where is Section 233 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 233(1) CrPC is found in Section 256(1) BNSS, Section 233(2) CrPC in Section 256(2) BNSS and Section 233(3) CrPC in Section 256(3) BNSS, from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·