Section 242 CrPC: Evidence for prosecution

Code of Criminal Procedure, 1973

Section 242 CrPC at a Glance

Section 242 CrPC deals with evidence for prosecution. From 1 July 2024 it is replaced by Section 265 BNSS.

Now BNSS

Section 265 →

What Section 242 CrPC Says

242. Evidence for prosecution

(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses:

Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.

(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.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:

Provided that the Magistrate 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.

Source: Section 242, Code of Criminal Procedure, 1973

Section 242 CrPC in Simple Words

Section 242 of the Code of Criminal Procedure, 1973 applies if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 241 CrPC. Under Section 242(1) CrPC, the Magistrate shall fix a date for the examination of witnesses, and under the proviso the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.

Under Section 242(2) CrPC, 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. Under Section 242(3) CrPC, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution, and under the proviso the Magistrate 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 242 CrPC Applies

  • Section 242(1) CrPC applies if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 241 CrPC.
  • In that case, Section 242(1) CrPC provides that the Magistrate shall fix a date for the examination of witnesses.
  • Under the proviso to Section 242(1) CrPC, the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.
  • Under Section 242(2) CrPC, 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.
  • Under Section 242(3) CrPC, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution.
  • Under the proviso to Section 242(3) CrPC, the Magistrate 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.

Time Limits Under Section 242 CrPC

  • Under the proviso to Section 242(1) CrPC, the Magistrate shall supply the statement of witnesses to the accused in advance.Act text: “Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.”
  • Under Section 242(3) CrPC, the Magistrate shall proceed to take the evidence produced in support of the prosecution on the date so fixed.Act text: “On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution”

Example of Section 242 CrPC

Arjun is accused before a Magistrate and claims to be tried. Under Section 242(1) CrPC, the Magistrate shall fix a date for the examination of witnesses, and the Magistrate shall supply in advance to Arjun the statement of witnesses recorded during investigation by the police. Under Section 242(2) CrPC, on the application of the prosecution, the Magistrate may issue a summons to Meera, a witness of the prosecution, directing Meera to attend or to produce any document or other thing. On the date so fixed, under Section 242(3) CrPC, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution, and the Magistrate may permit the cross-examination of Meera to be deferred until Vikram, another witness, has been examined.

When Section 242 CrPC Does Not Apply

  • Section 242(1) CrPC speaks of the Magistrate fixing a date for the examination of witnesses. It does not deal with the conviction of an accused who pleads guilty.
  • Section 242(2) CrPC speaks of a summons to a witness of the prosecution. It does not deal with the evidence for defence.

Section 242 CrPC Under BNSS 265: What Changed

Section 242 CrPC is now covered under Section 265 BNSS.

Section 265 BNSS has the same heading as Section 242 CrPC, from 1 July 2024. Section 265(1) BNSS refers to Section 264 BNSS where Section 242(1) CrPC referred to Section 241 CrPC. Section 265(3) BNSS adds a further proviso: the examination of a witness under Section 265(3) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 242 CrPC has no counterpart to that further proviso. The rest of the text is the same.

View detailed comparison (CrPC 242 vs BNSS 265) →

FAQs on Section 242 CrPC

When does the Magistrate fix a date for the examination of witnesses under Section 242 CrPC?▼

Under Section 242(1) of the Code of Criminal Procedure, 1973, the Magistrate shall fix a date for the examination of witnesses if the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under Section 241 CrPC. Under the proviso to Section 242(1) CrPC, the Magistrate shall supply in advance to the accused the statement of witnesses recorded during investigation by the police.

Can the Magistrate issue a summons to a witness of the prosecution under Section 242 CrPC?▼

Yes. Under Section 242(2) CrPC, 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.

Can the Magistrate defer cross-examination or recall a witness under Section 242 CrPC?▼

Yes. Under Section 242(3) CrPC, on the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Under the proviso to Section 242(3) CrPC, the Magistrate 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.

Where is Section 242 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 242 of the Code of Criminal Procedure, 1973 is found in Section 265 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 242(1) CrPC is found in Section 265(1) BNSS, Section 242(2) CrPC in Section 265(2) BNSS and Section 242(3) CrPC in Section 265(3) BNSS. The provisos to Section 242(1) CrPC and Section 242(3) CrPC are found in the provisos to Section 265(1) BNSS and Section 265(3) BNSS. Section 265(3) BNSS adds a further proviso, which has no counterpart in Section 242 CrPC. Section 265(1) BNSS refers to Section 264 BNSS where Section 242(1) CrPC refers to Section 241 CrPC.

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