Code:
(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.
Explanation:
This section of the BNSS outlines the procedure to be followed when an accused person is not acquitted under Section 255 (acquittal on the basis of prosecution’s case itself). It essentially states that the accused must be given an opportunity to defend themselves and present their case.
- Subsection (1): This subsection mandates that the accused, if not acquitted under Section 255, must be called upon to present their defense. They are given the opportunity to adduce (present) any evidence they have to support their claim of innocence.
- Subsection (2): If the accused submits a written statement in their defense, the Judge is required to file this statement as part of the case record.
- Subsection (3): If the accused requests the issuance of a process (such as a summons) to compel the attendance of a witness or the production of a document or object, the Judge must issue it unless there are strong reasons to refuse. The reasons for refusal must be recorded and should be based on the belief that the application is made for vexation, delay, or to obstruct justice.
Illustration:
Suppose a person is accused of theft. After the prosecution presents its case, the accused is not acquitted under Section 255. The Judge, in accordance with Section 256(1), will call upon the accused to enter their defense. The accused may choose to present a written statement denying the charges and providing an alibi. This statement will be filed by the Judge as per Section 256(2). The accused might also request the Judge to summon a witness who can corroborate their alibi. The Judge will grant this request unless they have valid reasons to believe it is a ploy for delaying or obstructing justice, as per Section 256(3).
Common Questions and Answers:
Q: What happens if the accused chooses not to present a defense?
- A: The Judge will proceed to pronounce a judgment based on the evidence presented by the prosecution. The accused’s silence will not be interpreted as an admission of guilt.
Q: Can the accused be forced to give evidence against themselves?
- A: No, the accused has the right to remain silent and cannot be compelled to provide evidence that could incriminate them. This is a fundamental right under the Constitution.
Q: What if the accused’s request for a witness or document is refused?
- A: The accused can challenge the Judge’s decision in a higher court. The higher court will review the reasons recorded by the Judge and decide whether the refusal was justified.
