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Section 253 BNSS 2023: Date for Prosecution Evidence

Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with fixing the date for prosecution evidence in a trial before a Court of Session after the stage of plea under Section 252.

Text of Section 253 BNSS

253. If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

Meaning and Scope of Section 253

Section 253 applies after a charge has been framed and the accused does not enter a plea resulting in conviction under Section 252 BNSS. At that stage, the Sessions Judge must fix a date for examination of prosecution witnesses.

The provision also empowers the Court, on an application by the prosecution, to issue appropriate process to secure the attendance of a witness or the production of a document or any other thing required for the prosecution case.

Key Features of Section 253

  • The provision operates in a trial before a Court of Session.
  • It follows the plea stage governed by Section 252 BNSS.
  • If the accused claims trial, refuses to plead, does not plead, or is not convicted on a plea of guilty, the Judge must fix a date for prosecution evidence.
  • The prosecution may apply for compulsory process to secure witnesses.
  • The prosecution may also seek process for production of documents or other material objects.
  • The next substantive stage is governed by Section 254 BNSS, which deals with evidence for the prosecution.

How Section 253 Fits into a Sessions Trial

Section 253 forms part of the sequence of provisions governing a Sessions trial. After the prosecution opens its case, the Court considers discharge, frames charge where appropriate, records the plea of the accused, and then moves to prosecution evidence if the matter is not concluded by a conviction on plea of guilty.

Practical effect: once the accused is to be tried, the Court fixes a prosecution evidence date and can use its process to ensure that witnesses and documentary or material evidence required by the prosecution are brought before the Court.

Related BNSS Provisions

Section 251 - Framing of charge Section 252 - Conviction on plea of guilty Section 254 - Evidence for prosecution Section 255 - Acquittal Section 256 - Entering upon defence Section 257 - Arguments Section 258 - Judgment of acquittal or conviction Section 259 - Previous conviction Section 260 - Procedure in cases instituted under sub-section (2) of Section 222

Official Legal Status

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024. Section 253 is officially titled Date for prosecution evidence.

Last reviewed: 11 September 2026.