Section 254 CrPC: Procedure when not convicted

Code of Criminal Procedure, 1973

Section 254 CrPC at a Glance

Section 254 CrPC deals with procedure when not convicted. From 1 July 2024 it is replaced by Section 277 BNSS.

Now BNSS

Section 277 →

What Section 254 CrPC Says

254. Procedure when not convicted

(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

Source: Section 254, Code of Criminal Procedure, 1973

Section 254 CrPC in Simple Words

Section 254 of the Code of Criminal Procedure, 1973 deals with the case where the Magistrate does not convict the accused under Section 252 CrPC or Section 253 CrPC. The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness. The Magistrate may require the reasonable expenses of the witness to be deposited in Court.

When Section 254 CrPC Applies

  • Section 254(1) CrPC applies if the Magistrate does not convict the accused under Section 252 CrPC or Section 253 CrPC.
  • The Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
  • The Magistrate shall also hear the accused and take all such evidence as he produces in his defence.
  • Under Section 254(2) CrPC the Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
  • Under Section 254(3) CrPC the Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

Example of Section 254 CrPC

Ramesh is the accused before Magistrate Priya, and Magistrate Priya does not convict Ramesh under Section 252 CrPC or Section 253 CrPC. Magistrate Priya proceeds to hear the prosecution and takes the evidence produced in support of the prosecution. Magistrate Priya also hears Ramesh and takes the evidence Ramesh produces in the defence. Ramesh applies for a summons to a witness, and Magistrate Priya may issue it if Magistrate Priya thinks fit. Before summoning that witness, Magistrate Priya may require the reasonable expenses of the witness to be deposited in Court.

When Section 254 CrPC Does Not Apply

  • Section 254(1) CrPC speaks of hearing the prosecution and the accused and taking evidence. It does not deal with the finding of not guilty or guilty after the evidence is taken, which Section 255 CrPC covers under the heading Acquittal or conviction.
  • Section 254 CrPC speaks of a trial that goes on when the Magistrate does not convict the accused. It does not deal with the withdrawal of a complaint, which Section 257 CrPC covers under the heading Withdrawal of complaint.

Section 254 CrPC Under BNSS 277: What Changed

Section 254 CrPC is now covered under Section 277 BNSS.

Section 254 of the Code of Criminal Procedure, 1973 is found in Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, under the same heading. Section 277(1) BNSS refers to Section 275 BNSS and Section 276 BNSS where Section 254(1) CrPC referred to Section 252 CrPC and Section 253 CrPC. The rest of the text is the same.

View detailed comparison (CrPC 254 vs BNSS 277) →

FAQs on Section 254 CrPC

When does Section 254 CrPC apply?▼

Section 254 of the Code of Criminal Procedure, 1973 applies if the Magistrate does not convict the accused under Section 252 CrPC or Section 253 CrPC. The Magistrate shall then proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

Can a witness be summoned under Section 254 CrPC?▼

Yes. Under Section 254(2) CrPC the Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

Can the Magistrate ask for the expenses of a witness to be deposited under Section 254 CrPC?▼

Section 254(3) CrPC says the Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

Where is Section 254 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 254(1) CrPC is found in Section 277(1) BNSS, Section 254(2) CrPC in Section 277(2) BNSS and Section 254(3) CrPC in Section 277(3) BNSS. Both carry the heading Procedure when not convicted.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·