Section 253: Date for prosecution evidence
Section 253 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure for fixing a day for the examination of prosecution witnesses where the accused either refuses to plead, fails to enter a plea, or asserts his right to be tried.
Section 253 applies when specific circumstances affect the course of a trial by:
-When the accused refuses to enter a plea to the charge.
-When the defendant fails to make any plea at all.
-When the defendant claims his right to be tried, usually while exercising his right to a fair trial without confessing.
-When the defendant pleads guilty initially but is not convicted under Section 252, usually due to the court's decision to reject the plea or other associated circumstances.
In any of these situations, the judge is expected to take appropriate action to ensure that there is effective progression of the trial. In this regard, the judge is supposed to provide a date for the examination of witnesses.
-This will ensure that the judicial process is not debilitated unnecessarily by the acts or position taken by the accused, hence maintaining the integrity and continuity of the trial process.
The judge has the authority to issue formal processes, which may include summonses or warrants, to make witnesses attend and produce documents, if required by the case. This is important for the prosecution to collect and present evidence to facilitate the proper examination of witnesses and ensure that all relevant facts are brought before the court.
