Entering upon defence.
What this section does
Where the accused is not acquitted under section 255, the accused is called upon to enter on their defence and adduce evidence. Any written statement put in by the accused shall be filed with the record. The Judge shall issue process for compelling attendance of defence witnesses or production of documents unless the application is found to be vexatious, dilatory, or aimed at defeating justice, with reasons recorded.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Sessions Judge · Accused · Defence witnesses
Derived from CrPC s.233.
Read the official text
For the binding statutory text of BNSS Section 256, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 256 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.