Section 247 CrPC - Evidence for Defence
Section 247 of the Code of Criminal Procedure, 1973 governs the defence evidence stage in a warrant case instituted otherwise than on a police report. It directs the Magistrate to call upon the accused to present a defence and applies the protections of Section 243 CrPC.
Section 247 CrPC - Original statutory text
247. Evidence for defence.
The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case.
Meaning and scope of Section 247 CrPC
A warrant case is a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years, as defined in Section 2(x) CrPC. A case instituted otherwise than on a police report commonly begins on a complaint rather than on a police charge-sheet. Section 247 applies to this latter category of warrant cases.
Once the prosecution evidence stage under Section 244 and the charge and further prosecution evidence procedure under Section 246 have been dealt with, the accused must be given the opportunity to lead defence evidence. Section 247 expressly incorporates the provisions of Section 243 CrPC.
Rights of the accused under Section 247 read with Section 243
1. Opportunity to produce defence evidence
The accused may produce relevant witnesses, documents and other admissible evidence to contest the prosecution case. The accused may also submit a written statement, which the Magistrate must file with the record under Section 243(1).
2. Request for summons to witnesses or documents
Under Section 243(2), the accused may apply for court process to compel the attendance of a witness for examination or cross-examination, or to obtain a document or other thing. The Magistrate must ordinarily issue the process, unless the application is found to be intended for vexation, delay or defeating the ends of justice; reasons for refusal must be recorded in writing.
3. Limits on recalling previously examined witnesses
Where the accused already cross-examined, or had an opportunity to cross-examine, a witness before entering upon the defence, that witness need not be compelled to attend again unless the Magistrate considers the recall necessary in the interests of justice.
4. Deposit of reasonable witness expenses
Section 243(3) permits the Magistrate to require a deposit of reasonable expenses for a witness's attendance before issuing a summons on the accused's application.
Section 270 BNSS - Corresponding current provision
Section 270 of the BNSS addresses evidence for defence in warrant cases instituted otherwise than on a police report. It follows the prosecution evidence and charge procedure in the corresponding BNSS chapter and refers to the defence evidence procedure under Section 266 BNSS, the counterpart of Section 243 CrPC.
For a case governed by the BNSS, the current statute should be read directly, including the provisions on electronic modes of court proceedings where applicable. Do not assume that every procedural detail of the former CrPC applies unchanged to a new BNSS proceeding.
Which provision applies?
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Prosecution evidence in complaint-instituted warrant cases | Section 244 | Section 267 |
| Discharge | Section 245 | Section 268 |
| Procedure if accused is not discharged | Section 246 | Section 269 |
| Defence evidence | Section 247 (read with Section 243) | Section 270 (read with Section 266) |
| Repeal and savings | Applicable pending-case provisions | Section 531 |
Practical illustration
In a warrant case initiated on a private complaint, the Magistrate takes prosecution evidence, considers discharge and, if appropriate, frames a charge. After the remaining prosecution evidence and cross-examination, the accused is invited to present defence evidence. The accused can seek summons for a material defence witness under the procedure incorporated by Section 247, subject to the statutory safeguards.
Frequently asked questions
What does Section 247 CrPC provide?
After the prosecution evidence stage in a warrant case instituted otherwise than on a police report, the accused is called upon to enter a defence and produce evidence. The safeguards of Section 243 CrPC apply.
Can an accused summon defence witnesses?
Yes. By applying Section 243 CrPC, the accused can request process to secure witnesses or documents, subject to the statutory grounds for refusal and recorded reasons.
What is the corresponding BNSS provision?
Section 270 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses evidence for defence in warrant cases instituted otherwise than on a police report.
Does the CrPC continue to apply to older proceedings?
Section 531 BNSS contains repeal and savings provisions. Proceedings pending immediately before the commencement of the BNSS may continue under the CrPC as specified in that provision.
Official legislation and related reading
For the authoritative text, amendments and commencement notifications, consult the India Code legislative database and the Gazette of India. These official resources are provided within the article, not as website navigation items.
Updated: 18 October 2026. This page is general legal information; the applicable law depends on the nature and procedural status of the individual case.