Why Is the Prosecution Evidence Stage So Important?
The prosecution evidence stage is the backbone of a criminal trial. It is at this stage that the State attempts to prove its case against the accused through witnesses and documentary evidence. A weak prosecution case often collapses here, while a strong one sets the foundation for conviction.
Under the old procedural law, this stage was governed by Section 231 of the Criminal Procedure Code, 1973 (CrPC). With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the corresponding provision is Section 254 BNSS.
Although the structure remains familiar, the BNSS brings renewed emphasis on efficiency, clarity, and judicial control.
What Did Section 231 CrPC Provide?
Section 231 CrPC applied to trials before a Court of Session. After charges were framed and the accused pleaded not guilty, the prosecution was required to present its evidence.
The prosecution examined its witnesses one by one. The defence had the right to cross-examine each witness. The Judge could also ask questions to clarify facts.
The provision allowed the Sessions Judge to regulate the order of witnesses and ensure a fair and orderly trial.
How Did Courts Apply Section 231 CrPC in Practice?
Judicial precedents consistently held that the prosecution must be given a full opportunity to present its case. At the same time, courts discouraged unnecessary adjournments and repetitive witnesses.
The defence could not dictate how the prosecution presented its evidence. However, the Judge retained control to prevent abuse of process.
Thus, Section 231 CrPC aimed to balance prosecutorial freedom with judicial discipline.
Why Was Section 254 BNSS Introduced?
The BNSS seeks to modernize criminal trials and reduce delays. One recurring issue under the CrPC regime was prolonged prosecution evidence due to lack of strict judicial supervision.
Section 254 BNSS was introduced to streamline this stage without compromising fairness. It reinforces the Judge’s authority to manage the trial efficiently while protecting the accused’s rights.
What Does Section 254 BNSS Provide?
Section 254 BNSS authorizes the court to take prosecution evidence after the accused pleads not guilty. The prosecution must present all relevant witnesses and documents to establish guilt.
The accused continues to enjoy the right of cross-examination. The court may also summon additional witnesses if justice demands.
In substance, the provision mirrors Section 231 CrPC but reflects BNSS’s reform-oriented approach.
Is There Any Substantive Difference Between Section 231 CrPC and Section 254 BNSS?
There is no drastic structural change between the two provisions. However, the difference lies in emphasis.
Section 231 CrPC functioned within a system where adjournments were common. Section 254 BNSS operates within a broader legislative intent to ensure time-bound trials and judicial accountability.
The BNSS framework encourages courts to actively prevent unnecessary delays during prosecution evidence.
How Does Section 254 BNSS Strengthen Judicial Control?
Judges under BNSS are expected to closely supervise the prosecution evidence stage. They can restrict repetitive or irrelevant testimony.
This approach protects the accused from prolonged trials while ensuring that genuine evidence is not excluded.
Thus, judicial discretion is strengthened, not weakened.
How Does This Stage Affect the Accused?
The prosecution evidence stage determines whether the accused will face a full defence stage or be acquitted later due to lack of evidence.
Effective cross-examination at this stage can expose inconsistencies and weaken the prosecution’s case.
Section 254 BNSS continues to safeguard the accused’s right to challenge every piece of evidence.
What Happens After Prosecution Evidence Is Completed?
Once the prosecution closes its evidence, the court proceeds to examine the accused. This is followed by the defence evidence stage, if any.
Therefore, prosecution evidence acts as the bridge between charge framing and the defence case.
Errors or omissions here can decisively impact the trial outcome.
Why Is Section 254 BNSS Crucial for Criminal Justice Reform?
Delayed trials undermine public confidence in the justice system. By reinforcing judicial oversight during prosecution evidence, BNSS aims to reduce backlog and misuse of procedure.
At the same time, it preserves the core principles of fair trial and natural justice.
This balance is central to the credibility of the new criminal law framework.
Conclusion
Section 231 CrPC laid down the procedure for recording prosecution evidence in sessions trials. Section 254 BNSS carries forward the same function with a sharper focus on efficiency, clarity, and judicial supervision. While the rights of the accused remain intact, the BNSS framework expects courts to actively manage the prosecution evidence stage. This reform strengthens both fairness and effectiveness in criminal trials.
