Section 270 BNSS: Evidence for Defence in Warrant Cases Instituted Otherwise Than on Police Report
Text of Section 270 BNSS
270. The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case.
What Section 270 means
Section 270 appears in Chapter XX of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the procedure for trial of warrant cases by Magistrates. More specifically, it falls in the part dealing with cases instituted otherwise than on a police report. These are commonly complaint-based warrant cases or other warrant cases that do not begin with a police report.
After prosecution evidence is taken, the Magistrate considers discharge under Section 268 BNSS. If the accused is not discharged, the procedure for framing and proceeding on the charge is governed by Section 269 BNSS. Once the prosecution evidence after charge is complete, Section 270 requires the accused to be called upon to present the defence.
Effect of applying Section 266 BNSS
Section 270 does not repeat the entire procedure for defence evidence. Instead, it incorporates the procedure in Section 266. In practical terms, this gives the accused the same procedural framework for defence evidence that applies in warrant cases instituted on a police report.
- The accused may produce oral, documentary or other legally admissible defence evidence.
- If the accused files a written statement, the Magistrate is to place it on the record.
- The accused may apply for process to compel the attendance of a witness for examination or cross-examination, or for production of a document or other thing.
- The Magistrate ordinarily issues the process unless the request is considered to be for vexation, delay or defeating the ends of justice; a refusal must be supported by reasons recorded in writing.
- Where a witness was already cross-examined, or there was an opportunity to cross-examine that witness before the defence stage, recall is subject to the Magistrate being satisfied that it is necessary for the ends of justice.
- Examination of a witness under the relevant defence-evidence provision may be conducted by audio-video electronic means at a designated place notified by the State Government.
- The Magistrate may require reasonable witness expenses to be deposited before issuing summons on the defence application.
Where Section 270 fits in the trial
| Stage | BNSS provision | Purpose |
|---|---|---|
| Prosecution evidence before charge | Section 267 | Prosecution leads evidence in a warrant case instituted otherwise than on a police report. |
| Discharge | Section 268 | Magistrate may discharge where the statutory test is satisfied. |
| Charge and further prosecution evidence | Section 269 | Charge is framed and prosecution witnesses may be recalled or further examined as provided by law. |
| Defence evidence | Section 270 | Accused enters upon defence and may produce evidence, with Section 266 procedure applied. |
| Conclusion of trial | Section 271 | Magistrate proceeds to acquittal or conviction according to law. |
Difference between Sections 266 and 270 BNSS
Section 266 BNSS directly governs defence evidence in warrant cases instituted on a police report. Section 270 governs the defence stage in warrant cases instituted otherwise than on a police report, but adopts Section 266 for the detailed defence-evidence procedure.
Corresponding provision under the Code of Criminal Procedure, 1973
Section 270 BNSS broadly corresponds to Section 247 of the Code of Criminal Procedure, 1973. The earlier CrPC provision likewise called upon the accused to enter the defence in a warrant case instituted otherwise than on a police report and applied the defence-evidence procedure then contained in Section 243 CrPC.
Meaning of key expressions
Warrant case
Under the BNSS definition, a warrant case is a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
Case instituted otherwise than on a police report
This part of Chapter XX applies where the warrant case is not instituted on the basis of a police report. A complaint case is the most common example. The BNSS separately defines a complaint as an allegation made orally or in writing to a Magistrate with a view to taking action under the Sanhita, excluding a police report, subject to the statutory explanation.
Evidence for defence
Defence evidence is evidence produced by or on behalf of the accused after the prosecution stage prescribed by the BNSS. It may include witnesses, documents and other admissible material relied upon to answer the prosecution case or establish a defence recognized by law.
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, subject to the notified exception relating to the First Schedule entry connected with Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Related BNSS sections
Section 261 - Compliance with Section 230 | Section 262 - When accused shall be discharged | Section 263 - Framing of charge | Section 264 - Conviction on plea of guilty | Section 265 - Evidence for prosecution | Section 266 - Evidence for defence | Section 267 - Evidence for prosecution | Section 268 - When accused shall be discharged | Section 269 - Procedure where accused is not discharged
Updated for the Bharatiya Nagarik Suraksha Sanhita, 2023 and its commencement from 1 July 2024. This page is intended as a general legal reference and should be read with the official statutory text and applicable judicial decisions.