Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XX: Trial of Warrant-Cases by Magistrates · A.—Cases instituted on a police report
Section 265: Evidence for prosecution
In plain words
If the accused does not plead guilty, the Magistrate fixes a date for prosecution witnesses, after supplying the accused in advance with the police statements of the witnesses, and can summon witnesses or documents for the prosecution.
- Cross-examination of a witness can be deferred, and a witness recalled.
- Witnesses can be examined by audio-video at places the State Government notifies.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses:
Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination:
Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 265
No Supreme Court judgment in our database cites this section yet.