Section 254 BNSS : Recording Evidence for Prosecution.

---

Introduction to Section 254 BNSS

Section 254 BNSS deals with the process of taking evidence on behalf of the prosecution in criminal cases. This section ensures that the prosecution has a fair chance to present its case by allowing the judge to collect all necessary evidence. It also modernizes the process by including the use of audio-video recording for witnesses, especially for public servants.

---

---

What is BNSS Section 254 ?

BNSS Section 254 explains how evidence is collected for the prosecution during a criminal trial. It allows the judge to record all evidence supporting the case on the scheduled date. Witness statements, especially from public servants, can be recorded using audio-video means. The judge can also delay or repeat cross-examination of witnesses if needed.

---

---

BNSS Section of 254 in Simple Points

1. Taking Evidence on the Fixed Date

The first key point of BNSS Section 254 is about taking evidence on the fixed date. This means the judge must start collecting all the prosecution evidence on the date that has already been scheduled. It prevents delays in the trial process and ensures that everything is done in a systematic way. Witnesses and the prosecution know in advance when they have to present their evidence. This helps in preparing properly for the court hearing. It also avoids unnecessary confusion or last-minute changes. In short, this key point makes sure the court’s time is used efficiently.

2. Audio-Video Electronic Means for Witnesses

BNSS 254 also allows witnesses to give their statements through audio-video electronic means. This is very helpful in cases where the witness cannot be physically present in court. For example, if the witness is far away, sick, or facing security concerns, they can still testify without coming to the courtroom. The judge can see the witness’s face and expressions through the video, ensuring fairness. This modern method saves time and effort for everyone involved. It also reduces the stress on witnesses. Most importantly, it makes sure their testimony is properly recorded.

3. Special Provision for Public Servants

Another important part of BNSS Section 254 is about public servants. The section clearly says that the deposition of public servants, like police officers or government officials, can be taken through audio-video electronic means. Public servants often have other important duties and might find it hard to attend court physically. By using audio-video recording, they can still give their evidence without leaving their work. This helps in managing their time and duties more effectively. It also avoids unnecessary delays in the trial. This key point shows how the law values the time and role of public servants.

4. Judge’s Power to Defer or Recall Witnesses

BNSS Section 254 also gives judges the power to defer cross-examination of witnesses if needed. This means the judge can decide to postpone questioning until other witnesses have been examined. It helps the judge manage the trial in an orderly and fair manner. The judge can also recall a witness for further cross-examination later on if required. This flexibility ensures that no witness’s statement is missed or overlooked. It also allows both sides to prepare their questions properly. In the end, it strengthens the fairness and thoroughness of the trial.

5. Balancing Fairness and Efficiency

The final key point of BNSS Section 254 is about balancing fairness and efficiency in the trial process. By allowing modern technology and flexible cross-examination, the court can move faster without compromising justice. Witnesses are given a safer and easier way to testify, and the accused still has the right to question them properly. This balanced approach ensures that both sides have a fair chance to present their case. It also avoids unnecessary delays and confusion. In simple words, BNSS Section 254 helps the court work better and faster while respecting everyone’s rights.

---

Section 254 of BNSS Overview

BNSS Section 254 outlines the procedure for taking prosecution evidence on the scheduled date of hearing. It empowers the judge to record witness statements in court and even allows for remote testimonies through audio-video means, especially for public servants. The judge also has the flexibility to defer or recall witnesses for cross-examination, which balances fairness and efficiency. Overall, this section modernizes the trial process by integrating technology while safeguarding the rights of both the accused and the prosecution.

BNSS 254 : 10 Key Points

1. Taking Evidence on the Scheduled Date:
The judge is required to begin collecting evidence for the prosecution on the date fixed for the hearing. This ensures that the trial proceeds in an organized and timely manner. It helps avoid unnecessary delays in the court process. The judge has the duty to consider all evidence that supports the case against the accused. This includes documents, testimonies, and any other proof provided by the prosecution. The purpose is to establish the facts necessary for proving the offence.

2. Witness Testimonies Allowed Through Audio-Video Means:
BNSS Section 254 allows a witness to testify using audio-video electronic means. This is especially helpful when the witness cannot be physically present in court due to distance, safety, or other valid reasons. This technology helps save time and resources. It ensures that the witness can still give evidence without needing to travel. The audio-video process also allows the court to observe the witness’s expressions and conduct. This maintains the integrity of the testimony.

3. Special Provision for Public Servants’ Testimonies:
The section specifically states that the deposition of a public servant may be recorded through audio-video electronic means. This means that government officials, police officers, or other public servants can provide evidence remotely if necessary. This is useful in cases where their presence is difficult to secure due to official duties or other important commitments. This method also enhances the efficiency of court proceedings. It ensures that justice is not delayed because of the unavailability of key public servants.

4. Flexibility in Cross-Examination:
BNSS Section 254(3) empowers the judge to defer the cross-examination of a witness. This means that the judge can decide to postpone the questioning of a witness until after other witnesses have given their statements. This flexibility ensures that the defence has a fair chance to prepare its questions properly. It also allows the judge to manage the trial efficiently. The judge can also recall a witness later for further cross-examination if needed. This ensures a complete and fair trial process.

5. Discretionary Powers of the Judge:
The section gives the judge significant discretionary powers. This means that the judge can decide how and when to examine witnesses and in what order. This helps maintain the flow of the trial. The judge’s discretion ensures that all necessary evidence is properly considered. It also prevents any party from misusing the process to delay the trial. The judge’s discretion is a key feature of BNSS Section 254 to ensure justice is served.

6. Balancing Fairness and Efficiency:
This section aims to balance fairness to the accused with the need for efficient trials. By allowing flexibility in cross-examination and using technology, the court can ensure that cases are not unnecessarily delayed. At the same time, it protects the rights of the accused to question witnesses effectively. This balance is essential for maintaining the integrity of the judicial process. It ensures that both the prosecution and the defence are treated fairly.

7. Use of Modern Technology in Evidence Recording:
BNSS Section 254 encourages the use of modern technology, like audio-video electronic means, in recording evidence. This modern approach aligns with the demands of today’s world where technology plays a key role in almost every field. It helps overcome logistical challenges, such as the unavailability of witnesses. It also reduces the time and cost involved in bringing witnesses physically to court. This promotes faster disposal of cases.

8. Ensuring Witness Safety and Convenience:
The provision for audio-video recording is also beneficial for the safety of witnesses. In sensitive cases, such as those involving threats or intimidation, witnesses can give their statements from a secure location. This protects them from potential harm. It also makes the process more convenient for witnesses who may have health issues or travel difficulties. Overall, this encourages more witnesses to come forward and testify.

9. Preventing Unnecessary Delays in Trials:
BNSS Section 254 is designed to avoid unnecessary delays that could obstruct the delivery of justice. By allowing the judge to collect all available evidence on the scheduled date, it ensures that the prosecution’s case is presented as efficiently as possible. This prevents the accused from using technicalities or delaying tactics to prolong the trial. It also respects the rights of the victims and society by ensuring timely justice.

10. Importance in the Overall Trial Process:
BNSS Section 254 plays a crucial role in the entire trial process by laying down the procedure for presenting prosecution evidence. It sets a framework that ensures the trial progresses in a structured and fair manner. The section also emphasizes the use of technology to adapt to modern needs. By giving the judge sufficient discretion and flexibility, it ensures that justice is not only done but also seen to be done. This strengthens the trust of people in the judicial system.

Example 1:
Imagine a police officer is the key witness in a robbery case. However, the officer is posted in a different state on the date of the hearing. Using BNSS Section 254, the judge allows the officer’s testimony to be recorded through audio-video means, saving time and resources while ensuring justice.

Example 2:
In a fraud case, a government accountant is a crucial witness. Due to health issues, she cannot attend court physically. BNSS Section 254 allows her to testify from home using audio-video technology, making sure her important evidence is still heard by the judge and the defence.

---

Section 254 of BNSS Short Information

---

BNSS Section 254 FAQs

BNSS 254

---

Conclusion

BNSS Section 254 makes prosecution evidence recording clear, smooth, and efficient. It allows witnesses—especially public servants—to testify through audio-video means and gives the judge flexibility to manage cross-examination. This keeps the trial fast but still fair for everyone involved.

---

Need Legal Support?

If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs .

---

Finished with BNSS Section 254 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.

• Section 255 BNSS : Acquittal When There Is No Evidence .
• Section 256 BNSS : Right to Defence and Fair Trial .
• Section 257 BNSS : Final Arguments in Criminal Trials.
• Section 258 BNSS : Judgment of acquittal or conviction .

Full BNSS Section List: https://marriagesolution.in/bnss_section-list/

Full BNS Section List: https://marriagesolution.in/bharatiya-nyaya-sanhita-section-list/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

---

Need Legal Help? Speak to an Experienced Lawyer Now.

Name *

Email Address *

Phone0 / 10

Text *

Select StateMaharashtraAndhra PradeshArunachal PradeshAssamBiharChhattisgarhGoaGujaratHaryanaHimachal PradeshJammu and KashmirJharkhandKarnatakaKeralaMadhya PradeshManipurMeghalayaMizoramNagalandOdishaPunjabRajasthanSikkimTamil NaduTelanganaTripuraUttar PradeshUttarakhandWest BengalSelect your State

Select District from MaharashtraSelect District from MaharashtraAhmednagarAkolaAmravatiAurangabadBeedBuldhanaChandrapurDhuleGadchiroliGondiaHingoliJalgaonJalnaKolhapurLaturMumbai CityMumbaiNagpurNandedNandurbarNashikOsmanabadPalgharParbhaniPuneRaigadRatnagiriSangliSataraSindhudurgSolapurThaneWardhaWashimYavatmalSelect District from Maharashtra

Select District from GujaratSelect District from GujaratAhmedabadAmreliAnandAravalliBanaskanthaBharuchBhavnagarBotadChhota UdaipurDahodDangDevbhoomi DwarkaGandhinagarGir SomnathJamnagarJunagadhKutchKhedaMahisagarMehsanaMorbiNarmadaNavsariPanchmahalPatanPorbandarRajkotSabarkanthaSuratSurendranagarTapiVadodaraValsad

Send Message

---