Section 256: Entering upon defence
Section 256 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the mode through which a person charged with a crime is allowed to defend oneself in a criminal trial. This provision is essential in protecting the accused's right to defend himself against the accusation against him, ensuring that he has a fair trial while having the chance to prove his case using evidence and arguments.
In the case where the court does not grant the accused Section 255 of acquittal, it will sternly order them to enter upon their defence. The terminology is the term that defines how the accused step up their line of defense that can either entail evidence, presenting his or her side by witnesses and even arguing cases. In cases like this, the court is ascertaining an opportunity to produce a case favorable to the accused person.
The defendant is allowed to provide a written declaration that summarizes their defense.
- A written declaration would detail the events according to the defendant, their legal arguments, and any other pertinent information on how the defendant believes themselves to be innocent or where they dispute the claims of the prosecution. Upon providing such a statement, the judge has to then record the declaration into the court record; this gives the defense the proper documentation to support their claim.
The accused has the right to request the court to issue processes, such as summons or warrants, to compel the attendance of witnesses or to require the production of documents essential to the defense. This allows the accused to obtain crucial testimonies or evidence that may be critical in refuting the charges. It remains the duty of the judge to issue such processes unless it is proven that the request is made in bad faith the intentions being solely to vex, embarrass, delay, or obstruct the course of justice. Under this provision, effective gathering of necessary evidence for the defense of the accused can be possible.
