Section 244 CrPC: Evidence for prosecution
Code of Criminal Procedure, 1973
Section 244 CrPC at a Glance
Section 244 CrPC deals with evidence for prosecution. From 1 July 2024 it is replaced by Section 267 BNSS.
What Section 244 CrPC Says
244. Evidence for prosecution
(1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
(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.
Source: Section 244, Code of Criminal Procedure, 1973
Section 244 CrPC in Simple Words
Section 244 of the Code of Criminal Procedure, 1973 is headed Evidence for prosecution.
When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
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.
When Section 244 CrPC Applies
- Section 244(1) CrPC applies in a warrant-case instituted otherwise than on a police report, when the accused appears or is brought before a Magistrate.
- The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
- Under Section 244(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.
Example of Section 244 CrPC
When Section 244 CrPC Does Not Apply
- Section 244 CrPC speaks of hearing the prosecution and taking its evidence. It does not deal with the discharge of the accused, which is the subject of Section 245 CrPC.
- Section 244 CrPC speaks of a summons issued on the application of the prosecution. It does not deal with evidence for the defence, which is the subject of Section 247 CrPC.
Section 244 CrPC Under BNSS 267: What Changed
Section 244 CrPC is now covered under Section 267 BNSS.
From 1 July 2024, Section 244 of the Code of Criminal Procedure, 1973 is found in Section 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both sections have the same heading, Evidence for prosecution, and the same text. Neither text refers to another section.
View detailed comparison (CrPC 244 vs BNSS 267) →FAQs on Section 244 CrPC
What must the Magistrate do under Section 244(1) CrPC?▼
When the accused appears or is brought before the Magistrate in a warrant-case instituted otherwise than on a police report, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
Can the Magistrate summon the witnesses of the prosecution under Section 244 CrPC?▼
Yes. Section 244(2) CrPC reads that 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.
Does Section 244 CrPC state a time limit?▼
No. Section 244 CrPC does not state a period of time.
Where is Section 244 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 244(1) CrPC is found in Section 267(1) BNSS and Section 244(2) CrPC in Section 267(2) BNSS, from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·