Code: Section 277 BNSS
277.
(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 of Section 277 BNSS
Section 277 of the Bharatiya Nyaya Sanhita (BNSS) lays down the procedure for hearing evidence in a case after the accused has not been convicted under Sections 275 or 276. It ensures that both the prosecution and the defence are given opportunities to present their cases, including the introduction of evidence and witnesses:
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Hearing Evidence:
If the Magistrate has not yet convicted the accused, they will proceed with hearing the prosecution’s case, followed by the defence’s case. The Magistrate will also accept and record any evidence provided by both sides. -
Summoning Witnesses:
The Magistrate can issue summonses to any witnesses requested by either the prosecution or the accused. The summons can require witnesses to attend and produce any documents or items that may be relevant to the case. -
Witness Expenses:
Before issuing summons to a witness, the Magistrate can require the party requesting the summons (whether prosecution or defence) to deposit the reasonable expenses that the witness may incur for attending the trial.
Illustration
Example 1: Hearing Evidence
A case is being tried where the accused has not yet been convicted. The Magistrate proceeds to hear the prosecution, who presents its evidence and witnesses. Then, the accused is given the chance to present their defence, including any evidence or witnesses in their favour.
Example 2: Summoning a Witness
The prosecution requests a key witness to attend the trial. The Magistrate, after evaluating the request, issues a summons for the witness to appear and produce certain documents that are essential for proving the case.
Example 3: Witness Expenses
The defence requests a witness to attend the trial. The Magistrate, before issuing the summons, requires the defence to deposit the expected expenses for the witness to attend the trial, ensuring fairness in the process.
Common Questions and Answers on Section 277 BNSS
1. What happens if the accused is not convicted under sections 275 or 276?
- Answer: The Magistrate will continue with the trial by hearing the prosecution’s evidence and the defence’s evidence.
2. Can the prosecution or defence request a witness to attend the trial?
- Answer: Yes, both the prosecution and the defence have the right to request witnesses. The Magistrate can issue a summons for the witness to attend and produce relevant documents.
3. Who pays for the expenses of the witnesses?
- Answer: Before issuing a summons to a witness, the Magistrate may require the party requesting the witness to deposit reasonable expenses for the witness to attend the trial.
Conclusion
Section 277 BNSS ensures that a fair trial is conducted by allowing both parties to present evidence and by making provisions for the attendance of witnesses. It also ensures that witnesses are not burdened by the costs of attending the trial, as the reasonable expenses can be deposited by the requesting party.
