Section 226 CrPC: Opening case for prosecution

Chapter XVIII

charge, Commitment of Case, CRPC, evidence, Fair trial, Guilt, opening statement, prosecution case, Public Prosecutor, sessions trial, trial procedure

New Law Update (2024)

Section 261 BNSS

TRIAL COURT

Court of Session

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Important Sub-Sections Explained

Landmark Judgements

Ashok Kumar Nayyar v. State of U.P., (2011) 3 ADJ 302 (All):

This case elucidated that the opening statement under Section 226 CrPC is a pivotal stage for the prosecution to present a comprehensive overview of the charges and the evidence it intends to adduce. It underscored the Public Prosecutor’s duty to apply independent mind and not merely reiterate the contents of the chargesheet.

Satish Kumar Sharma v. State (NCT of Delhi), (2001) 1 SCC 294:

While primarily addressing the framing of charges, this Supreme Court judgment implicitly highlights the procedural significance of the prosecutor’s opening statement under Section 226 CrPC as a precursor to the Court’s consideration of framing charges, emphasizing the systematic flow of a sessions trial.

Chapter XVIII