Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 277
Code:
(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.
Explanation:
Section 277 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the procedure to be followed in a criminal trial when the accused is not convicted under Sections 275 or 276, which relate to summary trials for certain offences. It outlines the steps involved in presenting evidence and hearing the accused’s defence.
(1) If the Magistrate does not find the accused guilty under Sections 275 or 276, the trial proceeds to a full hearing. The prosecution presents its evidence, and the accused has the opportunity to present their defence and produce their own evidence.
(2) The Magistrate has the power to summon witnesses, either at the request of the prosecution or the accused, to attend the trial or to produce relevant documents or objects.
(3) Before summoning a witness, the Magistrate can require the party requesting the witness to deposit a sum of money in court to cover the witness’s reasonable expenses in attending the trial.
Illustration:
Suppose a person is accused of theft under a provision where a summary trial is possible. The Magistrate, after considering the evidence, decides not to convict the accused summarily under Section 275 or 276. In this case, Section 277 applies. The prosecution will then present its evidence. The accused will have the chance to defend themselves and present their own evidence. If either party needs to call a witness, they can apply to the Magistrate. They may require them to deposit the witness’s expenses before issuing the summons.
Common Questions and Answers
- Q: What are Sections 275 and 276 of BNSS?A: These sections deal with summary trials for certain offences, where the Magistrate can convict the accused without a full trial if the evidence is sufficient.
- Q: Can the Magistrate summon witnesses without a request from either party?A: No, Section 277(2) states that the Magistrate can only summon witnesses on an application from the prosecution. It can summon the accused.
- Q: Why does the Magistrate require expenses to be deposited before summoning a witness?A: This ensures that the witness’s reasonable travel and time costs are covered. Hence, preventing them from being financially burdened by attending the trial.
