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Section 254 BNSS 2023: Evidence for Prosecution

Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the recording of prosecution evidence in a trial before a Court of Session. It also expressly permits audio-video electronic recording of witness evidence and the deposition of public servants.

Text of Section 254 BNSS

254. (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:

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

(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.

(3) The Judge may, in his discretion, 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.

Meaning and Scope of Section 254

Section 254 applies after the Court has fixed a date for prosecution evidence under Section 253 BNSS. On that date, the Judge proceeds to record the evidence produced in support of the prosecution case.

The provision preserves the ordinary process of examination and cross-examination while expressly recognizing the use of audio-video electronic means. This reflects the BNSS framework for greater use of technology in criminal proceedings.

Audio-Video Recording of Witness Evidence

The proviso to Section 254(1) allows the evidence of a witness to be recorded by audio-video electronic means. This is an enabling provision and permits the Court to use electronic modes for recording witness testimony where appropriate.

Evidence of Public Servants

Section 254(2) specifically provides that the deposition of any public servant may be taken through audio-video electronic means. This can reduce avoidable physical attendance and facilitate the efficient recording of official testimony, subject to the procedure followed by the Court.

Deferred Cross-Examination and Recall of Witnesses

Under Section 254(3), the Judge has discretion to defer the cross-examination of a witness until one or more other witnesses have been examined. The Judge may also recall a witness for further cross-examination.

Practical effect: Section 254 gives the Sessions Judge procedural flexibility in the order and manner in which prosecution evidence and cross-examination are conducted, while also recognizing electronic recording of evidence.

Key Features of Section 254

  • The Judge records the evidence produced in support of the prosecution.
  • Witness evidence may be recorded by audio-video electronic means.
  • The deposition of a public servant may also be taken through audio-video electronic means.
  • The Judge may defer cross-examination of a witness until other witnesses are examined.
  • The Judge may recall a witness for further cross-examination.
  • The provision follows Section 253 BNSS and precedes consideration of acquittal under Section 255 BNSS.

Related BNSS Provisions

Section 251 - Framing of charge Section 252 - Conviction on plea of guilty Section 253 - Date for prosecution evidence 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. The BNSS came into force on 1 July 2024, except for the First Schedule entry connected with Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 254 is titled Evidence for prosecution.

Last reviewed: 11 September 2026.