Section 230 CrPC: Date for Prosecution Evidence - Section 253 BNSS Explained
Section 230 of the Code of Criminal Procedure, 1973 sets out the next step in a Sessions trial when the accused does not plead guilty or is not convicted on a guilty plea. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 253 BNSS.
Text of Section 230 CrPC - Date for Prosecution Evidence
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
Section 253 BNSS - Corresponding Current Provision
Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the substance of Section 230 CrPC, with its cross-reference updated from Section 229 CrPC to Section 252 BNSS (conviction on plea of guilty).
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
Meaning and Legal Requirements
1. When does the provision apply?
After charges have been framed in a Sessions trial, the court asks the accused whether they plead guilty or claim to be tried. Where the accused refuses to plead, remains silent, claims trial, or is not convicted despite a guilty plea, the case proceeds towards the prosecution evidence stage.
2. Duty of the Sessions Judge to fix a date
The expression "shall fix a date" imposes a duty on the Judge to schedule the examination of prosecution witnesses. Neither Section 230 CrPC nor Section 253 BNSS itself specifies a universal number of days within which the date must be fixed.
3. Process to secure witnesses and documents
On an application by the prosecution, the Judge may issue appropriate process to compel the attendance of a witness or production of a document or other thing. The word "may" reflects judicial discretion, exercised in accordance with procedural law.
4. What happens on the date fixed?
The examination of prosecution witnesses is governed by Section 231 CrPC or the corresponding Section 254 BNSS. The later provision permits recording certain evidence by audio-video electronic means, subject to its terms.
Section 230 CrPC and Section 253 BNSS: Comparison
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Scheduling prosecution evidence | Section 230 | Section 253 |
| Conviction on guilty plea | Section 229 | Section 252 |
| Recording prosecution evidence | Section 231 | Section 254 |
| Witness attendance and document production | Process may be issued on prosecution application | Same core provision |
Procedure in a Sessions Trial
- The court considers the case and frames charges where legally warranted.
- The charge is read and explained, and the accused is asked to plead.
- If there is no conviction on a guilty plea, the Judge fixes a date for prosecution evidence.
- The prosecution may seek process to summon witnesses or secure documents and other material.
- The court records prosecution evidence under the next applicable statutory provision, with opportunities for cross-examination under law.
Practical Example
Suppose an accused person is charged before a Sessions Court and denies the allegation. The Judge must then schedule the prosecution witnesses for examination. If a material witness does not attend voluntarily, the prosecutor may apply for a summons or other appropriate process. The Judge considers the request and issues process where warranted.
Which Law Applies to Pending Cases?
Section 531 BNSS repeals the CrPC but saves specified pending appeals, applications, trials, inquiries and investigations that existed immediately before 1 July 2024. Consequently, not every case heard after that date automatically follows the BNSS. The date and procedural stage of the case, along with applicable judicial decisions, are relevant.
Frequently Asked Questions
What is Section 230 CrPC?
Section 230 CrPC requires a Sessions Judge to fix a date for examining prosecution witnesses when the accused does not plead guilty or is not convicted on a guilty plea.
What is the corresponding provision in BNSS?
Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 230 CrPC.
Can the prosecution request summons for witnesses or documents?
Yes. On an application by the prosecution, the Judge may issue process to compel a witness to attend or require production of a document or other thing.
Does Section 253 BNSS prescribe a fixed number of days for prosecution evidence?
No. Section 253 requires the Judge to fix a date but does not itself prescribe a uniform number of days.
Does the old CrPC apply to pending trials?
Section 531 BNSS contains savings for proceedings pending immediately before commencement on 1 July 2024; applicability depends on the procedural history and relevant judicial interpretation.
Official Statutory Sources
- India Code - official central legislation database (search for the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 253 and Section 531).
- Ministry of Home Affairs, Government of India - criminal law notifications and resources.
- Government-hosted BNSS statutory text and comparative reference (PDF).
This article provides general legal information. Consult the applicable statutory text, amendments, court rules and current judgments before taking procedural action.