Evidence for defence
Section 247 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case.
C.-Conclusion of trial
Section 247, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 270 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 The repealed enactment still governs what happened while it was in force.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
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.
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 247
What have the courts held on Section 247 of the Code of Criminal Procedure?
State of Punjab vs Hari Singh (16 Feb 2009) is the leading judgment on this section among those set out below: 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 247 of the Code of Criminal Procedure?
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: CRPC 247, section 247 CRPC, section 247 of the Code of Criminal Procedure. 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 247 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 243 (Evidence for defence), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 270 (Evidence for defence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 247 of the Code of Criminal Procedure come into force?
Section 247 of the Code of Criminal Procedure, cited as CRPC 247, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.