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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XX: Trial Of Warrant-cases By Magistrates

Section 269 BNSS: Procedure where accused is not discharged

Corresponding CrPC
Section 246 CrPC

Bare Act text

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after crossexamination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

If, after evidence is taken or at any earlier stage, the Magistrate believes there is ground to presume that the accused committed an offence triable under this Chapter which he is competent to try and could adequately punish, he shall frame a written charge. The charge is read and explained to the accused, who is asked whether he pleads guilty or has a defence. If he pleads guilty, the Magistrate records the plea and may convict in his discretion. If he refuses to plead, does not plead, claims trial, or is not convicted, he must state at the next hearing, or forthwith if the Magistrate so decides for recorded reasons, which prosecution witnesses already examined he wishes to cross-examine. Those witnesses are recalled, cross-examined and re-examined, and discharged, and the remaining prosecution witnesses are then examined. If, despite reasonable measures, the attendance of prosecution witnesses for cross-examination cannot be secured, they are deemed not examined for being unavailable, and the Magistrate may close the prosecution evidence for recorded reasons and proceed on the material on record.

Chapter XX: Trial Of Warrant-cases By Magistrates

  1. 261 Compliance with section 230
  2. 262 When accused shall be discharged
  3. 263 Framing of charge
  4. 264 Conviction on plea of guilty
  5. 265 Evidence for prosecution
  6. 266 Evidence for defence
  7. 267 Evidence for prosecution
  8. 268 When accused shall be discharged
  9. 269 Procedure where accused is not discharged
  10. 270 Evidence for defence
  11. 271 Acquittal or conviction
  12. 272 Absence of complainant
  13. 273 Compensation for accusation without reasonable cause