Section 243 CrPC: Evidence for defence

Code of Criminal Procedure, 1973

Section 243 CrPC at a Glance

Section 243 CrPC deals with evidence for defence. From 1 July 2024 it is replaced by Section 266 BNSS.

Now BNSS

Section 266 →

What Section 243 CrPC Says

243. Evidence for defence

(1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers 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 and such ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

Source: Section 243, Code of Criminal Procedure, 1973

Section 243 CrPC in Simple Words

Section 243 of the Code of Criminal Procedure, 1973 provides for the evidence for defence. Under Section 243(1) CrPC, the accused shall be called upon to enter upon his defence and produce his evidence, and if the accused puts in any written statement, the Magistrate shall file it with the record.

Under Section 243(2) CrPC, the Magistrate shall issue process for compelling the attendance of any witness or the production of any document or other thing on the application of the accused, unless the Magistrate considers 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 and records that ground in writing. A proviso to Section 243(2) CrPC deals with a witness whom the accused has cross-examined or had the opportunity of cross-examining before entering on his defence.

Under Section 243(3) CrPC, the Magistrate may require that the reasonable expenses incurred by the witness be deposited in Court.

When Section 243 CrPC Applies

  • Under Section 243(1) CrPC, the accused shall be called upon to enter upon his defence and produce his evidence.
  • Under Section 243(1) CrPC, if the accused puts in any written statement, the Magistrate shall file it with the record.
  • Under Section 243(2) CrPC, if the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers 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 and such ground shall be recorded by him in writing.
  • Under the proviso to Section 243(2) CrPC, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under Section 243 CrPC, unless the Magistrate is satisfied that it is necessary for the ends of justice.
  • Under Section 243(3) CrPC, the Magistrate may, before summoning any witness on an application under Section 243(2) CrPC, require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

Example of Section 243 CrPC

Rajesh is the accused in a trial before a Magistrate. Under Section 243(1) CrPC, Rajesh is called upon to enter upon the defence and produce evidence, and Rajesh puts in a written statement, which the Magistrate files with the record. After Rajesh has entered upon the defence, Rajesh applies under Section 243(2) CrPC to the Magistrate to issue process for compelling the attendance of Meena as a witness. The Magistrate shall issue the process unless the Magistrate considers 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, and records that ground in writing. Before summoning Meena, the Magistrate may under Section 243(3) CrPC require that the reasonable expenses incurred by Meena in attending for the purposes of the trial be deposited in Court. Suresh is a witness whom Rajesh had the opportunity of cross-examining before entering on the defence. Under the proviso to Section 243(2) CrPC, the attendance of Suresh shall not be compelled under Section 243 CrPC unless the Magistrate is satisfied that it is necessary for the ends of justice.

When Section 243 CrPC Does Not Apply

  • Section 243(1) CrPC speaks of the accused being called upon to enter upon his defence and produce his evidence. It does not deal with the evidence for prosecution, which is the subject of Section 242 CrPC, headed Evidence for prosecution.
  • Section 243(2) CrPC speaks of an application by the accused, after the accused has entered upon the defence, for process to compel the attendance of a witness or the production of a document or other thing. It does not deal with a summons issued to a witness of the prosecution on the application of the prosecution, which is in Section 242(2) CrPC.

Section 243 CrPC Under BNSS 266: What Changed

Section 243 CrPC is now covered under Section 266 BNSS.

Section 266 BNSS has the same heading as Section 243 CrPC, from 1 July 2024. Section 266(2) BNSS adds a further proviso: the examination of a witness under Section 266(2) BNSS may be done by audio-video electronic means at the designated place to be notified by the State Government. Section 243 CrPC has no counterpart to that further proviso. The rest of the text is the same.

View detailed comparison (CrPC 243 vs BNSS 266) →

FAQs on Section 243 CrPC

What happens if the accused puts in a written statement under Section 243 CrPC?▼

Under Section 243(1) of the Code of Criminal Procedure, 1973, the accused shall be called upon to enter upon his defence and produce his evidence. If the accused puts in any written statement, the Magistrate shall file it with the record.

When can the Magistrate refuse an application by the accused for process under Section 243 CrPC?▼

Under Section 243(2) CrPC, the Magistrate shall issue such process unless he considers 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, and such ground shall be recorded by him in writing. Under the proviso to Section 243(2) CrPC, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under Section 243 CrPC, unless the Magistrate is satisfied that it is necessary for the ends of justice.

Can the Magistrate require witness expenses to be deposited under Section 243 CrPC?▼

Yes. Under Section 243(3) CrPC, the Magistrate may, before summoning any witness on an application under Section 243(2) CrPC, require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

Where is Section 243 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 243 of the Code of Criminal Procedure, 1973 is found in Section 266 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 243(1) CrPC is found in Section 266(1) BNSS, Section 243(2) CrPC in Section 266(2) BNSS and Section 243(3) CrPC in Section 266(3) BNSS. The proviso to Section 243(2) CrPC is found in the proviso to Section 266(2) BNSS. Section 266(2) BNSS adds a further proviso, which has no counterpart in Section 243 CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·