Indian criminal procedure | Updated 18 October 2026

Section 242 CrPC - Evidence for Prosecution and Section 265 BNSS

Section 242 of the Code of Criminal Procedure, 1973 governed prosecution evidence in warrant cases instituted on a police report. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 265 BNSS.

Current legal position: The BNSS came into force on 1 July 2024. Section 265 applies subject to the transitional and saving provisions of Section 531 BNSS, including for proceedings pending when the new law commenced.

What does Section 242 CrPC provide?

Where the accused refuses to plead, does not plead, claims trial, or is not convicted on a guilty plea under Section 241 CrPC, the Magistrate fixes a date to examine prosecution witnesses. The Magistrate may summon witnesses or require documents on the prosecution's application, record prosecution evidence, and permit deferred or further cross-examination.

Section 242 CrPC - Statutory provision

(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 241, 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.

The proviso concerning advance supply of witness statements was inserted by Act 5 of 2009, section 19, effective 31 December 2009.

Section 265 BNSS - Current provision

Section 265 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the principal procedure of Section 242 CrPC, with a reference to conviction on a guilty plea under Section 264 BNSS instead of Section 241 CrPC. It also expressly permits examination of a prosecution witness by audio-video electronic means at a place designated by the State Government.

Explanation of Section 265(1)

If the accused does not plead guilty or the Magistrate declines to convict on the plea, the court must fix a date for prosecution witnesses. The Magistrate must provide the accused with police-recorded witness statements in advance, enabling meaningful preparation for cross-examination.

Explanation of Section 265(2)

On the prosecution's application, the Magistrate may issue summons requiring witnesses to attend or to produce documents or other relevant things. The power helps secure the evidence needed for trial.

Explanation of Section 265(3)

The Magistrate records evidence produced by the prosecution. Cross-examination may be deferred until another witness has been examined, or a witness may be recalled for further cross-examination, subject to the court's discretion. The additional BNSS proviso allows witness examination by audio-video electronic means at a place notified by the State Government.

Procedure during prosecution evidence

Charge and plea: The accused is informed of the charge and asked whether they plead guilty or claim trial under Section 263 BNSS.
Guilty plea: Section 264 BNSS allows the Magistrate, at discretion, to convict after recording a guilty plea.
Prosecution evidence: If the matter proceeds to trial, Section 265 BNSS governs witness examination, summons and cross-examination.
Defence evidence: Section 266 BNSS governs the subsequent opportunity for the accused to enter upon their defence.

Frequently asked questions

Which BNSS section corresponds to Section 242 CrPC?

Section 265 BNSS, titled "Evidence for prosecution", corresponds to Section 242 CrPC.

Can the Magistrate defer cross-examination?

Yes. The Magistrate may defer cross-examination until other witnesses are examined or recall a witness for further cross-examination.

Can prosecution witnesses testify by video link?

Section 265(3) BNSS permits examination through audio-video electronic means at a place designated by the State Government, subject to applicable procedural requirements.

Must witness statements be given to the accused?

Yes. Section 265(1) BNSS requires the Magistrate to supply in advance the statements of witnesses recorded by the police during investigation.

Official legal references

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (government-hosted PDF), and consult the India Code official legislation portal for the current statutory text and applicable amendments. For older proceedings, refer to the Code of Criminal Procedure, 1973 and Section 531 BNSS on repeal and savings.

This article provides general legal information. Applicability to individual cases depends on the commencement and saving provisions, court orders and applicable rules.