Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 270
Code:
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.
Contents
Explanation:
This section lays down the procedure after the prosecution has presented its evidence in a criminal trial. The law mandates that the accused person has the opportunity to present their defense and produce evidence. This section also emphasizes that the provisions of Section 266 shall apply to the case.
Illustration:
- The prosecution has presented its case in a robbery trial, with witnesses testifying and providing evidence against the accused.
- Section 270 comes into play at this stage. The accused is now called upon to defend themselves.
- The accused can present their own witnesses, offer their own evidence, and provide explanations for the charges against them.
- The provisions of Section 266, which deal with the examination and cross-examination of witnesses, apply to the accused’s defense as well.
Common Questions and Answers:
- Q: What does it mean to “enter upon his defense”?A: It means the accused now has the opportunity to present their version of events, offer evidence in their favor, and refute the prosecution’s claims.
- Q: Can the accused choose not to present a defense?A: Yes, the accused has the right to remain silent and choose not to present a defense. However, this could be a disadvantage in the trial.
- Q: How does Section 266 apply to the accused’s defense?A: Section 266 outlines the process of examining and cross-examining witnesses. The same procedures apply to the accused’s witnesses and the prosecution’s cross-examination of them.
