Section 254 CrPC - Procedure When Not Convicted
Section 254 of the Code of Criminal Procedure, 1973 prescribes the evidence-taking stage of a summons-case when the accused is not convicted on a plea of guilty. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 277 BNSS.
Section 254 CrPC - Statutory Provision
(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Section 277 BNSS - Corresponding Current Provision
Section 277 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the three-part structure of Section 254 CrPC. Under subsection (1), if the accused is not convicted under Section 275 or Section 276 BNSS, the Magistrate hears the prosecution and its evidence, and then the accused and the defence evidence. Subsection (2) permits summons for witnesses or production of documents or other things. Subsection (3) permits the Magistrate to require a deposit for reasonable witness attendance expenses.
Read the official India Code legislative database or the government publication of Section 531 BNSS for authoritative statutory material. The officially hosted BNSS text (PDF) also contains Section 277.
Meaning and Scope of Section 254 CrPC
A summons-case is a criminal case relating to an offence that is not a warrant-case under the applicable procedural definitions. When there is no conviction on a guilty plea, the court must proceed with a trial rather than treating the accused as guilty. The prosecution must establish its case through admissible evidence, and the accused has an opportunity to challenge that evidence and present a defence.
Procedure in a Summons-Case Trial
- Particulars of accusation: The Magistrate states the accusation and asks for the accused's plea under Section 251 CrPC or Section 274 BNSS, as applicable.
- No conviction on plea: If the Magistrate does not convict under Sections 252 or 253 CrPC (Sections 275 or 276 BNSS), the evidentiary trial follows.
- Prosecution evidence: The prosecution produces its witnesses and supporting evidence, subject to the rules of evidence and cross-examination.
- Defence opportunity: The accused may contest the allegations and produce defence witnesses and documents.
- Witness summons: Either side may apply for summons to witnesses or for production of documents or other things; the Magistrate decides whether to issue them.
- Judgment: Following the trial, the Magistrate decides acquittal or conviction under Section 255 CrPC or Section 278 BNSS, as applicable.
Explanation of the Three Subsections
Section 254(1) - Hearing prosecution and defence
The word "shall" makes hearing evidence the ordinary required course where there has been no conviction on plea. Both sides receive the opportunity contemplated by law to present their evidence. The prosecution retains the burden of proving guilt beyond reasonable doubt.
Section 254(2) - Summoning witnesses and documents
The Magistrate may issue a summons on an application by the prosecution or the accused for a witness to attend or to produce a document or other thing. The power is discretionary, to be exercised judicially and consistently with fair-trial rights.
Section 254(3) - Witness expenses
The court may require advance deposit of reasonable expenses incurred by a witness in attending trial before issuing summons on the application. The requirement is not an automatic fee in every case; it depends on the Magistrate's order and the circumstances.
CrPC or BNSS - Which Law Applies?
Section 531(1) BNSS repeals the CrPC. Section 531(2)(a) saves appeals, applications, trials, inquiries and investigations pending immediately before 1 July 2024, providing for their continuation under the CrPC as previously in force. Whether a particular case falls within the saving provision requires examining its procedural history and relevant judicial interpretation.
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Statement of accusation | Section 251 | Section 274 |
| Conviction on guilty plea | Section 252 | Section 275 |
| Guilty plea in petty cases without appearance | Section 253 | Section 276 |
| Procedure when not convicted | Section 254 | Section 277 |
| Acquittal or conviction | Section 255 | Section 278 |
Frequently Asked Questions
Does Section 254 CrPC require the Magistrate to hear defence evidence?
Yes. Where there is no conviction on a plea of guilty, subsection (1) requires the Magistrate to hear the accused and take defence evidence produced in accordance with law.
Can the accused ask the court to summon a witness?
Yes. Under Section 254(2), the accused or prosecution may apply for a witness summons or production of documents or other things. The Magistrate exercises judicial discretion.
What is the corresponding BNSS section?
Section 277 BNSS corresponds to Section 254 CrPC. It refers to Sections 275 and 276 BNSS instead of Sections 252 and 253 CrPC.
Does Section 254 itself decide guilt?
No. It regulates the evidence-taking stage. The decision on acquittal or conviction is ordinarily governed by Section 255 CrPC or Section 278 BNSS, as applicable.
Official Legal References
- India Code - Central legislation and updated Acts
- Bharatiya Nagarik Suraksha Sanhita, 2023 - government-hosted PDF
- Section 531 BNSS - Repeal and savings (government source)
This article provides general legal information. Verify the applicable statutory text, amendments and case-specific procedural position before relying on it.