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Section 263 BNSS to Section 267 BNSS| Section 264 BNSS| Section 265 BNSS| Section 266 BNSS|

Section 263 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Framing of charge.


(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.


(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.


Section 264 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Conviction on plea of guilty.


If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.


Section 265 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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 264, 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:


Provided further that evidence of a witness under this sub-section may be recorded by audio-video electronic means.


Section 266 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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.


Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.


(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.


B.—Cases instituted otherwise than on police report


Section 267 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


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.

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