CrPC · Chapter XIX · Trial of warrant-cases by Magistrates

CrPC section 242 in the BNSS

CrPC 242BNSS 265

CrPC section 242, “Evidence for prosecution”, is now BNSS section 265 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 242 to BNSS 265

Now BNSS section 265. A witness may be examined by audio-video electronic means at a place the State Government designates.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 242 Evidence for prosecution

(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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 265 Evidence for prosecution

(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 264, 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:

Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.