eCourtsIndia
IndiaCode Laws
Section269
The Bharatiya Nagarik Suraksha Sanhita, 2023

Procedure where accused is not discharged

In force From 01 Jul 2024 Act 46 of 2023 As on 14 Oct 2026

Act 46 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 269 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure where accused is not discharged. If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately The Act came into force on 01 Jul 2024.

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after crossexamination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.

Section 269, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

Replaces a provision of the Code of Criminal Procedure

CRPC 246 Procedure where accused is not discharged Text carried over almost unchanged 95%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Sunil Mehta vs State of Gujarat

    Supreme Court of India 20 Feb 2013 Binding (Supreme Court) Reportable

    Decided under Code of Criminal Procedure 246, which this section replaces. The court did not have this Act before it.

    Court's Decision & Legal Precedent

    Evidence recorded during preliminary inquiry under Section 202 CrPC before the accused appears in court cannot be used to frame charges against the accused under Section 246 CrPC without fresh evidence being produced and recorded under Section 244 CrPC in the presence and with the opportunity of cross-examination by the accused. The accused has a fundamental right to cross-examine prosecution witnesses before charges are framed, as this right is essential for the accused to demonstrate that allegations are groundless and no case exists warranting framing of charges. The scheme and procedure of Chapter XV (dealing with complaints and preliminary inquiry) is distinct from Chapter XIX Part B (dealing with trial of warrant cases on private complaint), and evidence recorded at the preliminary stage cannot substitute for evidence properly recorded under Section 244 in the presence of the accused.

    On this section: Procedure for framing charge based on evidence taken under Section 244; right to cross-examine after charge framing or at any previous stage

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 269

What have the courts held on Section 269 of the Bharatiya Nagarik Suraksha Sanhita?

Sunil Mehta vs State of Gujarat (20 Feb 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 246, which this section replaced -- the court never mentioned this Act: Procedure for framing charge based on evidence taken under Section 244; right to cross-examine after charge framing or at any previous stage.

How do I find court cases under Section 269 of the Bharatiya Nagarik Suraksha Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 269, section 269 BNSS, section 269 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sunil Mehta vs State of Gujarat (20 Feb 2013).

What should I read with Section 269 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?

It carries forward CrPC 246 (Procedure where accused is not discharged), so the judgments decided under that provision are the case law on this one.

When did Section 269 of the Bharatiya Nagarik Suraksha Sanhita come into force?

Section 269 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 269, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.