Section 254: Evidence for prosecution
The provision on how the evidence presentation by the prosecution is done under a criminal trial is stipulated in section 254 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The reason this is critical is to enable the smooth processing of a criminal trial conducted rationally and not only systematically but with the present technologies that assist the collection, production, and assessment of the available evidence.
On the date determined by the judge, all evidence that shall support the prosecution shall be formally introduced. This provision emphasizes that there should be a timely and orderly trial. This means both parties are ready and the trial should not unnecessarily be delayed. The evidence shall also be within the schedule of the trial. This will allow for an orderly flow of the process.
Section 254 allows audio-video electronic means to record witness testimonies, which would be beneficial in cases where witnesses may not come because of safety concerns or other logistical
reasons. The provision allows the taking of testimonies through remote hearing, making it easier for the trial process for distant witnesses and those under threats.
It extends to depositions by police officers or other public servants, whose statements may also be made available through electronic means, further modernizing the process of evidence gathering and decreasing the need for in-person appearances.
The judge has discretion to defer cross-examination of any witness until after the examination of other witnesses is completed. This procedural flexibility ensures a more coherent and organized process of examination. It enables the court to better manage witness testimony and cross-examination in support of the flow of the case. It further helps to tackle problems concerning availability of witnesses or the need to focus on other aspects of the trial.
The judge is also authorized to send back witnesses for further cross-examination should they find it necessary. This way, any issue or error in evidence could be completely clarified, and no important detail is left unturned towards the attainment of justice.
