Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 257
Code:
When the examination of the witnesses (if any) for the defence is complete, the
prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:
Provided that where any point of law is raised by the accused or his advocate, the
prosecution may, with the permission of the Judge, make his submissions with regard to
such point of law.
Explanation:
This section outlines the procedure for summing up arguments after the defense witnesses have testified. It states that once the defense has presented its case, the prosecutor has the right to summarize the prosecution’s evidence and arguments. Subsequently, the accused or their legal representative has the opportunity to present a rebuttal or reply.
Illustration:
Imagine a theft case where the prosecution has presented evidence linking the accused to the crime.
The defense presents their witnesses, potentially arguing that the accused was elsewhere at the time of the theft or that the evidence against them is unreliable.
After the defense witnesses are examined, the prosecutor summarizes the prosecution’s evidence and argues why the accused should be convicted.
The accused, or their lawyer, then has the chance to respond to the prosecution’s arguments, potentially highlighting inconsistencies in the prosecution’s case, emphasizing the defense’s evidence, or presenting legal arguments in their favor.
Common Questions and Answers:
- Q: Can the prosecution make additional arguments after the defense’s reply?A: No, the prosecution’s opportunity to present their arguments is limited to the initial summing up. They are generally not permitted to make further submissions after the defense’s reply.
- Q: What if the defense raises a new point of law during their reply?A: In such a scenario, the prosecution can, with the judge’s permission, make submissions regarding that specific point of law raised by the defense.
