Criminal Procedure • Sessions Trial

Section 231 CrPC - Evidence for Prosecution: Section 254 BNSS Explained

Q: What is Section 231 CrPC?

It concerns prosecution evidence in a Sessions trial and the court's discretion to defer cross-examination or recall witnesses.

Q: Can a witness be recalled for cross-examination?

Yes, with the permission of the Judge, who exercises judicial discretion.

Q: Can prosecution evidence be recorded through video conferencing?

Section 254 BNSS permits evidence through audio-video electronic means, subject to applicable safeguards.

Q: Does the CrPC still apply to older pending trials?

Section 531 BNSS contains savings provisions for certain pending proceedings; applicability is case-specific.

A practical guide to prosecution evidence in a Sessions trial, examination and cross-examination of witnesses, recall of witnesses, and audio-video recording under the current law.

Updated: 18 October 2026 | Indian criminal procedure

Current law: Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) corresponds to Section 231 of the Code of Criminal Procedure, 1973 (CrPC). The BNSS generally came into force on 1 July 2024. Pending proceedings may continue under the CrPC according to the savings provisions in Section 531 BNSS.

Section 231 CrPC - Evidence for prosecution (1973 Code)

Sub-section (1): On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.

Sub-section (2): The Judge may, in his discretion, 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.

This is the text of the former procedural provision, preserved here for reference and for cases to which the CrPC continues to apply.

Section 254 BNSS - Current corresponding provision

Section 254(1): On the date fixed for prosecution evidence, the Judge proceeds to receive the evidence produced in support of the prosecution. Its proviso permits evidence of a witness to be recorded by audio-video electronic means.

Section 254(2): The deposition of evidence of any public servant may be taken through audio-video electronic means.

Section 254(3): The Judge may permit cross-examination of a witness to be deferred until another witness or other witnesses have been examined, or may recall a witness for further cross-examination.

Section 254 retains the basic structure of Section 231 CrPC and expressly introduces provisions concerning audio-video recording of evidence.

What does evidence for prosecution mean?

Prosecution evidence is the oral testimony, documentary material and other admissible evidence presented to establish the charges against an accused person. In a Sessions trial, this stage ordinarily follows the framing of charges and the fixing of a date for examination of witnesses.

How the stage ordinarily proceeds

The court fixes a date for prosecution witnesses after the charge and plea stage.
The prosecution produces witnesses and relevant evidence before the Sessions Judge.
Witnesses give evidence and may be cross-examined by the defence in accordance with applicable evidentiary and procedural rules.
The Judge decides applications to defer cross-examination or recall witnesses, considering fairness and the circumstances of the case.
After prosecution evidence, the court proceeds to the next statutory stage, including consideration of acquittal where the law so requires.

The prosecution bears the burden of proving the alleged offence beyond reasonable doubt. Recording evidence does not itself establish guilt.

Deferring cross-examination and recalling witnesses

The power in Section 231(2) CrPC and Section 254(3) BNSS is discretionary. A party cannot demand postponement or recall as an automatic right. The Judge may allow it where the sequence of witnesses, related testimony or the interests of a fair trial justify doing so.

Deferral: The court permits cross-examination of a witness at a later stage, such as after another witness has testified.

Recall: A witness who has already testified may be brought back for further cross-examination with the court's permission.

The court should balance the accused's fair-trial rights, the protection of witnesses and the need to avoid unnecessary delay.

Audio-video electronic evidence under BNSS

The proviso to Section 254(1) permits witness evidence to be recorded through audio-video electronic means. Section 254(2) separately allows a public servant's deposition to be taken through such means. These provisions facilitate remote or electronically recorded testimony, subject to the court's directions and safeguards for identification, participation, cross-examination and reliability.

The provisions do not abolish cross-examination or allow the prosecution to avoid judicial scrutiny. The court remains responsible for conducting the trial fairly. Other applicable provisions, court rules and directions may govern the technical procedure.

Illustration

In a Sessions trial involving several eyewitnesses and an official witness, the Judge may record the official witness's deposition by approved audio-video means. If examination of one eyewitness may clarify matters relevant to another, the Judge may, for sufficient reasons, defer or permit further cross-examination of that witness.

CrPC Section 231 and BNSS Section 254 at a glance

Issue	Section 231 CrPC	Section 254 BNSS
Prosecution evidence	Judge takes evidence produced by prosecution	Same basic requirement
Deferred cross-examination	Permitted in judicial discretion	Permitted in judicial discretion
Recall for further cross-examination	Permitted in judicial discretion	Permitted in judicial discretion
Audio-video witness evidence	No express equivalent in Section 231	Expressly permitted by proviso to sub-section (1)
Public servant deposition by audio-video means	No express equivalent in Section 231	Expressly addressed in sub-section (2)

Frequently asked questions

What is Section 231 CrPC?

It governs the taking of prosecution evidence in a Sessions trial and empowers the Judge to defer cross-examination or recall witnesses for further cross-examination.

What is the BNSS equivalent of Section 231 CrPC?

Section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a witness be recalled for cross-examination?

Yes. The Judge may permit recall for further cross-examination in the exercise of judicial discretion under the applicable provision.

Can prosecution evidence be recorded through video conferencing?

Section 254 BNSS permits witness evidence to be recorded through audio-video electronic means and specifically addresses depositions of public servants.

Does the CrPC still apply to older pending trials?

Section 531 BNSS contains savings provisions for specified pending proceedings. Applicability depends on the status and circumstances of the particular case.

Official legislation and further reading

This article is general legal information. Statutory applicability and procedure must be assessed with reference to the facts of each case and the current official text.