Evidence for defence
Section 270 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with evidence for defence. The accused shall then be called upon to enter upon his defence and produce his evidence; The Act came into force on 01 Jul 2024.
The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case.
Section 270, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 247 Evidence for defence Text carried over almost unchanged 90%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
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.
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State of Punjab vs Hari Singh
Decided under Code of Criminal Procedure 247, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where an accused is charged with possession of narcotic articles under Section 15 of the NDPS Act, conscious possession - meaning awareness of the nature of the article coupled with a deliberate or intended state of mind - is an essential legal requirement. In the absence of questioning the accused under Section 313 CrPC regarding this vital element of the prosecution case, the trial suffers from a serious procedural infirmity that cannot be cured by circumstantial evidence of physical possession alone, and the conviction must be set aside as violating the fundamental principles of natural justice and fair trial.
On this section: Section 247 gives accused right to file written statements even in cases not instituted on police report.
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Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs.
Decided under Code of Criminal Procedure 247, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Upon the death of a complainant in a criminal case, the proceedings do not abate. The Code of Criminal Procedure does not expressly provide for abatement of inquiries and trials upon death of a complainant. Legal heirs of a deceased complainant can be validly permitted by the court to continue the criminal prosecution against the accused under Section 302 of the Code of Criminal Procedure (corresponding to Section 495 of the old Code). This principle applies to all criminal cases based on the scheme of the Code and is not limited to cases triable by the Court of Session or cases involving any particular level of offence. Once such permission is granted by the court and is not challenged by the accused, it attains finality and cannot be subsequently challenged as illegal or unlawful.
On this section: Acquittal on complainant's absence in summons cases - Distinguished as not applicable to committal inquiries
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 270
What have the courts held on Section 270 of the Bharatiya Nagarik Suraksha Sanhita?
State of Punjab vs Hari Singh (16 Feb 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 247, which this section replaced -- the court never mentioned this Act: Section 247 gives accused right to file written statements even in cases not instituted on police report. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2007 to 2009.
How do I find court cases under Section 270 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 270, section 270 BNSS, section 270 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 270 section and bns 270 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with State of Punjab vs Hari Singh (16 Feb 2009).
What should I read with Section 270 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 266 (Evidence for defence), so none of them can safely be read on its own. It carries forward CrPC 247 (Evidence for defence), so the judgments decided under that provision are the case law on this one.
When did Section 270 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 270 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 270, 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
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
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.