Introduction to Section 269 BNSS
Section 269 BNSS talks about what happens if the accused is not discharged in a warrant-case that is not based on a police report. It explains the procedure for framing a charge, taking the plea, and how the trial will move forward. The section ensures the accused gets a fair chance to defend and also keeps the process timely. This legal provision protects both the rights of the accused and the justice system’s efficiency.
What is BNSS Section 269 ?
BNSS Section 269 contains detailed steps a Magistrate must follow if the accused is not discharged after reviewing the prosecution’s evidence. It includes the framing of charge, explanation to the accused, recording of guilty plea, and conducting cross-examinations of prosecution witnesses. It also deals with situations when witnesses are unavailable despite efforts. The section ensures that the accused gets a fair trial and that the prosecution is given proper opportunity to present evidence.
BNSS Section of 269 in Simple Points
1. Framing of Charge
When the Magistrate finds enough evidence after a preliminary hearing, and believes the accused should be tried, a written charge must be framed. This charge outlines the specific offence the accused is believed to have committed. It ensures that the accused clearly understands the allegations. This step is essential for transparency. The charge must be written and not just spoken. This rule protects the legal rights of the accused. It also forms the foundation for a fair trial.
2. Plea of the Accused
Once the charge is framed, the Magistrate must read and explain the charge to the accused. Then the accused is asked if they plead guilty or want to defend themselves. If the accused pleads guilty, the court may convict them immediately. This helps in avoiding unnecessary delays in clear-cut cases. If they deny the charge, then the case moves forward to trial. This section guarantees that the accused’s side is properly heard and recorded. It forms a key part of natural justice.
3. Cross-Examination of Witnesses
If the accused wants to cross-examine any of the prosecution witnesses, they must inform the Magistrate. The witnesses they request will then be recalled. This allows for a proper defence to be built. After cross-examination and re-examination, the witnesses are discharged. This process ensures a fair trial where both sides are equally heard. The right to question witnesses is a critical part of criminal defence under Indian law.
4. Further Prosecution Evidence
After cross-examining the recalled witnesses, any remaining witnesses for the prosecution are examined. They are also cross-examined and then discharged. This ensures all evidence is put before the court fairly. The court proceeds step-by-step so that no evidence is left unconsidered. This part of the process strengthens the prosecution’s side and makes the trial complete. It ensures a comprehensive understanding of the case.
5. If Witnesses Are Not Available
Sometimes, despite efforts, prosecution witnesses may not appear in court. If this happens, and the Magistrate records valid reasons, the court can close the prosecution’s side. It will then proceed with the trial based on the materials already available. This prevents delay and ensures justice is not denied. This clause balances the need for fairness and efficiency. It stops misuse of the process by unnecessary waiting.
Section 269 of BNSS Overview
Section 269 of the Bharatiya Nagarik Suraksha Sanhita lays out a step-by-step process after the Magistrate decides not to discharge the accused. It requires the Magistrate to frame a written charge and explain it to the accused. The section also covers what to do if the accused pleads guilty, refuses to plead, or requests to cross-examine witnesses. It ensures procedural fairness, clarity in trial steps, and protects both legal integrity and individual rights. This section ensures that the trial proceeds lawfully and without delay.
BNSS Section 269 – 10 Key Points Explained in Detail
1. Framing the Charge Against the Accused
If the Magistrate finds enough evidence suggesting the accused might have committed the offence, he must prepare a written charge. This applies when the case falls under a warrant trial not based on a police report. The offence must also be one the Magistrate is authorized to try. This charge must be framed at an appropriate stage, based on materials presented. The goal is to ensure a fair and legal start to the trial. The Magistrate must make a reasoned decision while framing the charge. This forms the official start of the trial process. It helps the accused understand the allegations.
2. Reading and Explaining the Charge
After framing the charge, the Magistrate must read it out to the accused. It must be explained in a language the accused understands. This step ensures transparency and legal fairness in the proceedings. The accused is then asked whether he pleads guilty or wants to defend himself. This is a critical moment that guides the future course of the trial. If the accused pleads guilty, the trial may conclude quickly. If not, the case proceeds to the next stages. This ensures the accused has full awareness of the charges.
3. Conviction on Plea of Guilty
If the accused accepts guilt voluntarily, the Magistrate records this plea. The Magistrate may then convict the accused based on this confession. However, this is not automatic—the Magistrate uses discretion. He ensures the plea is genuine, not forced or misunderstood. This option avoids long trials in clear-cut cases. It also saves the court’s time and resources. But it is essential that the Magistrate follows all due procedures to ensure fairness.
4. If Accused Refuses to Plead
If the accused refuses to plead or claims a trial, the procedure shifts accordingly. The Magistrate must now ask the accused if he wishes to cross-examine prosecution witnesses. This stage ensures the accused has a chance to challenge the evidence. The Magistrate may allow this questioning to happen immediately or in the next hearing. This guarantees that the accused’s right to a fair trial is preserved. If the accused does not plead or remain silent, the process still continues lawfully. The court ensures the accused cannot delay the process unfairly.
5. Recalling Witnesses for Cross-Examination
If the accused wishes to cross-examine certain witnesses, those witnesses must be recalled. They are brought back before the court for cross-examination and possible re-examination. This step is crucial for the accused to challenge any false or doubtful evidence. Only the witnesses named by the accused are recalled. Once cross-examination is completed, these witnesses are discharged. This shows the justice system allows the accused full opportunity to defend themselves. It also adds reliability to the evidence presented in court.
6. Recording Remaining Witness Evidence
The Magistrate then proceeds to hear the remaining prosecution witnesses. These witnesses are examined, cross-examined, and re-examined (if needed). After this process, they are also discharged. This ensures that all available evidence is reviewed thoroughly. It provides the court a complete picture of the prosecution’s case. The defence also gets a chance to question all such witnesses. This protects the principle of natural justice. Every testimony is properly scrutinized before moving forward.
7. When Witnesses Cannot Be Examined
Sometimes, despite efforts, a prosecution witness cannot be brought to court. In such cases, if the Magistrate finds that all efforts failed, the witness is deemed as “not examined.” This ensures the trial is not endlessly delayed. The Magistrate must record written reasons for closing the prosecution evidence. This rule avoids misuse of the process by either party. The trial can then move forward based on the material already on record. It balances the need for justice with practical challenges.
8. Basis for Proceeding Without Some Witnesses
The inability to produce some witnesses doesn’t stop the trial. The court uses existing evidence on record to proceed. This is done only after confirming that reasonable measures were taken to bring in those witnesses. This ensures that justice isn’t denied due to non-appearance. The Magistrate must document the reason for accepting this route. It avoids unnecessary adjournments and respects both time and justice. The law prioritizes evidence while also respecting procedural fairness.
9. Importance of Magistrate’s Discretion and Documentation
Throughout Section 269, the Magistrate’s discretion plays a major role. From framing the charge to recording plea and handling absent witnesses—each step needs careful judgment. Every decision must be backed with written reasons. This practice promotes accountability and ensures legal transparency. It builds trust in the judicial process. A documented record helps during appeals or reviews. It protects the rights of both the accused and the prosecution. Legal clarity is ensured through every step.
10. Role of Section 269 in a Fair Trial
BNSS Section 269 ensures the accused is not arbitrarily tried. It lays out a clear structure for what happens when an accused is not discharged. It gives room for both plea and defence. It includes rules about examining evidence, recalling witnesses, and handling exceptions. This section prevents injustice through structured legal steps. It also prevents delays and misuse of the system. Every aspect is designed to safeguard both individual rights and public justice.
Example 1:
In a cheating case not based on a police report, the Magistrate finds enough material against the accused during the pre-trial hearing. Under BNSS Section 269(1), the Magistrate frames a formal charge and reads it to the accused. The accused claims innocence and decides to go to trial. The Magistrate then proceeds to fix a date for further prosecution and defence steps.
Example 2:
A woman is accused of property fraud. The Magistrate finds no reason to discharge her. He frames the charge and reads it aloud. She pleads guilty under Section 269(3). The Magistrate records her plea and convicts her without a full trial, as allowed under law.
Section 269 of BNSS Short Information
| Sr. No. | Key Points | Summary |
|---|---|---|
| 1 | Framing of Charge | Charge must be written if Magistrate finds enough proof |
| 2 | Plea by Accused | Accused pleads guilty or claims trial |
| 3 | Witness Cross-Examination | Accused can request re-calling of witnesses |
| 4 | Handling Absent Witnesses | Court may proceed without unavailable witnesses |
| 5 | Fair Trial Guarantee | Ensures justice, clarity, and rights protection |
Why Is BNSS Section 269 Needed ?
BNSS Section 269 is necessary to ensure that trials proceed fairly and efficiently after the accused is not discharged. It provides a clear legal procedure for framing charges, taking pleas, and continuing the case. Without this section, there would be confusion about what should happen next, which could cause unnecessary delays and violate the rights of both the accused and the victim. Section 269 ensures that both parties are heard properly, evidence is handled correctly, and that justice is delivered quickly. It is a key part of making trials transparent, accountable, and lawful under the BNSS.
BNSS Section 269 FAQs
BNSS 269
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