Code:
When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
Explanation:
This section outlines the procedure for the prosecution to follow when the accused is brought before the court after a commitment order is issued under Section 232 of the BNSS or any other relevant law. The prosecutor must:
- Describe the charge against the accused: This involves clearly stating the specific offense alleged to have been committed by the accused, including the relevant legal provisions.
- State the evidence to be presented: The prosecutor must inform the court about the evidence they intend to use to prove the guilt of the accused. This could include witness testimonies, physical evidence, documents, and expert opinions.
Illustration:
Suppose a person is accused of theft under Section 379 of the BNSS. The prosecutor, upon the accused’s appearance in court, would state: “The accused, [name], is charged with the offense of theft under Section 379 of the BNSS, for stealing a mobile phone from the possession of [victim’s name] on [date]. To prove the accused’s guilt, we will present the following evidence:
- The victim’s testimony identifying the accused as the person who stole the phone.
- CCTV footage showing the accused taking the phone from the victim.
- The recovered mobile phone, which will be presented as evidence.
Common Questions and Answers:
- Q: What is the purpose of Section 249?A: Section 249 ensures a fair and transparent trial by requiring the prosecution to clearly present the charges against the accused and inform the court about the evidence they will present.
- Q: Can the prosecutor change the evidence they intend to present after making the opening statement?A: While the prosecution is expected to present the evidence mentioned in the opening statement, they may have to adjust their strategy based on the course of the trial. However, any significant changes in the evidence should be brought to the court’s attention.
- Q: What happens if the prosecutor fails to provide sufficient evidence to support the charges?A: If the prosecution fails to present sufficient evidence to prove the guilt of the accused beyond a reasonable doubt, the court may acquit the accused.
