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Section 267 BNSS - Evidence for Prosecution

Section 267 of the Bharatiya Nagarik Suraksha Sanhita, 2023 begins the procedure for prosecution evidence in a warrant-case instituted otherwise than on a police report. When the accused appears or is brought before the Magistrate, the court must hear the prosecution and take the evidence produced in support of the prosecution.

Key rule: Section 267 applies to a warrant-case instituted otherwise than on a police report. The Magistrate must hear the prosecution and take its evidence, and may issue summons to prosecution witnesses or require production of a document or other thing.

Text of Section 267 of the BNSS, 2023

267. 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.

Meaning and scope of Section 267 BNSS

Section 267 forms part of the BNSS procedure for warrant-cases instituted otherwise than on a police report. This category is distinct from warrant-cases instituted on a police report, which are dealt with separately in the preceding provisions of the same Chapter.

1. Applies to warrant-cases not instituted on a police report

The provision is triggered when a warrant-case has been instituted otherwise than on a police report and the accused appears or is brought before the Magistrate. A "warrant-case" is defined by Section 2 of the BNSS as a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

2. Magistrate must hear the prosecution

Subsection (1) uses mandatory language. Once the accused appears or is brought before the Magistrate in such a case, the Magistrate shall proceed to hear the prosecution.

3. Prosecution evidence is taken before the discharge decision

The Magistrate must take all evidence produced in support of the prosecution. This evidence becomes relevant to the next stage under Section 268 BNSS, where the Magistrate considers whether a case has been made out which, if unrebutted, would warrant conviction.

4. Summons to prosecution witnesses

Under subsection (2), the prosecution may apply to the Magistrate for a summons requiring a prosecution witness to attend. This enables the court process to be used to secure the attendance of witnesses needed to support the prosecution case.

5. Production of documents or other things

The same subsection also permits the Magistrate, on the prosecution's application, to direct a witness to produce a document or other thing. The provision therefore covers both personal attendance and production of material relevant to the prosecution case.

Procedure after Section 267 BNSS

  1. The accused appears or is brought before the Magistrate in a warrant-case instituted otherwise than on a police report.
  2. The Magistrate hears the prosecution under Section 267.
  3. The Magistrate takes all evidence produced in support of the prosecution.
  4. On prosecution application, summons may issue to witnesses or for production of documents or other things.
  5. The Magistrate then considers discharge under Section 268 BNSS.
  6. If the accused is not discharged, the case proceeds under Section 269 BNSS.
  7. The defence evidence stage is governed by Section 270 BNSS, which applies the provisions of Section 266.

Difference between Section 265 and Section 267 BNSS

Both provisions concern prosecution evidence, but they operate in different kinds of warrant-cases. Section 265 BNSS applies to warrant-cases instituted on a police report after the plea stage. Section 267 applies to warrant-cases instituted otherwise than on a police report and requires prosecution evidence to be taken before the Magistrate considers discharge under Section 268.

Practical point: The procedural route depends on how the warrant-case was instituted. Sections 261 to 266 govern warrant-cases instituted on a police report, while Section 267 begins the separate procedure for cases instituted otherwise than on a police report.

What is a warrant-case under BNSS?

Section 2 of the Bharatiya Nagarik Suraksha Sanhita defines a "warrant-case" as a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. Section 267 therefore operates within that category where the case was instituted otherwise than on a police report.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed July 1, 2024 as the date on which the Sanhita came into force, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Related BNSS provisions

Readers may also refer to Section 265 - Evidence for prosecution, Section 266 - Evidence for defence, Section 268 - When accused shall be discharged, Section 269 - Procedure where accused is not discharged, and Section 270 - Evidence for defence.