Section 249 BNSS 2023: Opening Case for Prosecution
Section 249 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains how the prosecutor opens the prosecution case when an accused appears or is brought before a Court of Session after commitment of the case.
Text of Section 249 BNSS - Opening case for prosecution
When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
The provision forms part of the procedure for a trial before a Court of Session. It requires the prosecutor to identify the accusation and indicate the evidence proposed to establish the guilt of the accused. This opening comes after the case reaches the Sessions Court and before the Court considers discharge under Section 250 BNSS.
Meaning and purpose of Section 249 BNSS
Section 249 is a procedural provision. It does not itself create an offence or prescribe a punishment. Its function is to place the prosecution case before the Sessions Court in a clear form at the opening stage of the trial.
In practical terms, the prosecutor should explain:
- the charge or accusation brought against the accused;
- the factual basis on which the prosecution relies; and
- the evidence by which the prosecution proposes to prove the guilt of the accused.
The provision therefore connects the committal stage with the Sessions Court's consideration of whether there is sufficient ground to proceed further.
Where Section 249 fits in a Sessions trial
Section 248 BNSS provides that every trial before a Court of Session shall be conducted by a Public Prosecutor. Section 249 then requires the prosecutor to open the case. The next provision, Section 250 BNSS, deals with discharge. If the case proceeds, the Court moves to the framing of charge under Section 251.
Key expressions in Section 249
| Expression | Meaning in the context of Section 249 |
|---|---|
| Accused appears or is brought before the Court | The accused is before the Sessions Court after the case has been committed for trial or under another applicable law. |
| Commitment under Section 232 | The procedural step by which a case triable by the Court of Session is committed to that Court under the BNSS. |
| Prosecutor shall open his case | The prosecutor must present the prosecution's case at the opening stage by explaining the charge and proposed proof. |
| Describing the charge | The prosecutor identifies the accusation that the accused is required to meet. |
| Evidence proposed to prove guilt | The prosecutor indicates the evidence on which the prosecution intends to rely to establish the case. |
Important points about Section 249 BNSS
- It applies to Sessions trials. Section 249 appears in Chapter XIX of the BNSS, which governs trial before a Court of Session.
- The prosecutor has a mandatory opening role. The use of the word "shall" requires the prosecutor to open the case in the manner stated in the provision.
- The charge and proposed evidence are both relevant. The opening is not limited to merely naming the offence; the prosecutor also states how guilt is proposed to be proved.
- It precedes discharge consideration. The sequence places Section 249 immediately before Section 250, which provides for discharge.
- It is procedural, not penal. Section 249 does not define a crime, prescribe a sentence, or determine guilt by itself.
Applicability of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) came into force on 1 July 2024, subject to the limited exception stated in the Central Government commencement notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
For the authoritative statutory text and commencement notification, refer to the official India Code and Ministry of Home Affairs sources linked on this page.
Related BNSS provisions
Official sources
Note: This page is a general legal information resource. For a case-specific question, the full BNSS, applicable notifications, court rules, and judicial decisions should be considered.