Section 277 BNSS: Procedure When Accused Is Not Convicted
Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) sets out the trial procedure in a summons-case when the Magistrate does not convict the accused under Section 275 BNSS or Section 276 BNSS. The Magistrate must hear the prosecution, receive prosecution evidence, hear the accused, and receive defence evidence.
Text of Section 277 BNSS
277. Procedure when not convicted.
(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Meaning of Section 277 BNSS
Section 277 governs the evidentiary stage of a summons-case when the matter is not concluded by conviction on a plea of guilty under Sections 275 or 276. It ensures that both the prosecution and the accused have an opportunity to place their evidence before the Magistrate.
Prosecution Evidence
Under sub-section (1), the Magistrate must first hear the prosecution and take all evidence produced in support of the prosecution case. This is the stage at which the prosecution seeks to establish the alleged offence through witnesses, documents, or other admissible evidence.
Opportunity to the Accused and Defence Evidence
The same sub-section requires the Magistrate to hear the accused and receive all evidence produced by the accused in defence. The provision therefore expressly preserves the accused's opportunity to answer the prosecution case and present defence evidence.
Summoning Witnesses, Documents or Other Things
Under sub-section (2), either the prosecution or the accused may apply to the Magistrate for process to secure evidence. If the Magistrate thinks fit, a summons may be issued to a witness directing the witness:
- to attend before the court; or
- to produce a document or other thing.
The wording gives the Magistrate discretion in deciding whether process should issue on such an application.
Deposit of Witness Expenses
Before summoning a witness on the application of either side, sub-section (3) permits the Magistrate to require the reasonable expenses of that witness for attending the trial to be deposited in court.
Section 277 at a Glance
| Stage | Rule under Section 277 BNSS |
|---|---|
| When Section 277 applies | The accused is not convicted under Section 275 or Section 276. |
| Prosecution | The Magistrate hears the prosecution and takes the evidence produced in support of it. |
| Accused | The Magistrate hears the accused and receives the evidence produced in defence. |
| Witness summons | On application of either side, the Magistrate may summon a witness to attend. |
| Documents or other things | The summons may direct production of a document or other thing. |
| Witness expenses | The Magistrate may require reasonable attendance expenses to be deposited in court before issuing summons. |
Practical Legal Point
Section 277 is the core evidence-taking provision in the summons-case sequence after a guilty-plea conviction has not been recorded. It expressly provides for prosecution evidence, defence evidence, and court process to secure witnesses or documents for either side.
Relationship with Sections 275, 276 and 278 BNSS
The sequence begins with the possibility of conviction on a guilty plea under Section 275 BNSS or, in the specified petty cases, under Section 276 BNSS. If no such conviction is recorded, Section 277 governs the evidence stage. After that evidence is considered, Section 278 BNSS deals with acquittal or conviction.
Official Resources
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. India Code records its enactment date as 25 December 2023 and its enforcement date as 1 July 2024. The Ministry of Home Affairs also provides the official new criminal laws resource and the BNSS text.