Section 256 BNSS 2023 - Entering Upon Defence
Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the stage at which an accused in a trial before a Court of Session is called upon to enter on the defence after the Court has not acquitted the accused under Section 255 BNSS. It protects the opportunity of the accused to present defence evidence, submit a written statement and seek compulsory process for witnesses, documents or things.
Text of Section 256 BNSS: Entering upon defence
256. (1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, 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.
Meaning and scope of Section 256 BNSS
Section 256 operates after the prosecution evidence stage and after consideration under Section 255 BNSS. If the accused is not acquitted at that stage, the Court must call upon the accused to enter on the defence.
In practical terms, "entering upon defence" means that the accused receives the procedural opportunity to place defence evidence before the Court. The provision expressly recognizes defence evidence, a written statement and an application for Court process to secure a witness or the production of a document or thing.
Key point: Section 256 does not make the issue of defence process a matter of unrestricted discretion. When the accused applies for process, the Judge shall issue it unless one of the statutory grounds for refusal exists, and the reasons for refusal must be recorded.
Rights of the accused under Section 256
1. Right to adduce defence evidence
Under sub-section (1), an accused who has not been acquitted under Section 255 must be called upon to enter on the defence and may adduce evidence in support of the defence.
2. Written statement forms part of the record
Under sub-section (2), when the accused submits a written statement, the Judge is required to file it with the record of the case. This ensures that the written defence placed before the Court becomes part of the judicial record.
3. Right to seek compulsory process
Under sub-section (3), the accused may apply for Court process compelling the attendance of a witness or requiring production of a document or thing. The provision uses mandatory language subject to the limited grounds for refusal stated in the section.
When can the Court refuse process for a defence witness or document?
The Judge may refuse the application only if the Judge considers that it has been made for one of the purposes specified in Section 256(3). The reason for refusal must be recorded.
| Statutory ground | What it addresses |
|---|---|
| Vexation | An application made to harass, burden or misuse the process of the Court rather than genuinely assist the defence. |
| Delay | An application made for the purpose of unnecessarily delaying the trial. |
| Defeating the ends of justice | An application whose purpose would undermine the proper administration of justice. |
Because the section requires reasons to be recorded, an order refusing defence process should disclose the statutory basis on which the application has been rejected.
Section 256 in the sequence of a Sessions trial
Section 256 forms part of the BNSS procedure for a trial before a Court of Session. The nearby provisions show the progression from framing of charge and prosecution evidence to acquittal at the appropriate stage, defence evidence, arguments and judgment.
| Provision | Stage |
|---|---|
| Section 251 | Framing of charge |
| Section 252 | Conviction on plea of guilty |
| Section 253 | Date for prosecution evidence |
| Section 254 | Evidence for prosecution |
| Section 255 | Acquittal |
| Section 256 | Entering upon defence |
| Section 257 | Arguments |
| Section 258 | Judgment of acquittal or conviction |
When did the BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed July 1, 2024 as the date on which its provisions came into force, subject to the exception stated in the commencement notification concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Official legal resources
Last reviewed: September 11, 2026.