Chapter XVIII
Section 233 CrPC: Entering upon defence
New Law Update (2024)
Section 261 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Where the accused is not acquitted under Section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
Important Sub-Sections Explained
Section 233(1)
This sub-section mandates that if the accused is not acquitted after the prosecution’s case, they must be called upon to present their defence and submit any evidence they possess to support it.
Section 233(3)
This crucial sub-section empowers the accused to apply to the court for summoning defence witnesses or for the production of documents or things, which the Judge is bound to issue unless there are specific, recorded reasons to believe the application is for vexation, delay, or to defeat justice.
Landmark Judgements
Mohd. Hussain @ Zulfiqar Ali v. The State (NCT of Delhi) (2012):
This Supreme Court case reaffirmed the paramount importance of a fair trial, which inherently includes providing the accused with a full and unfettered opportunity to present their defence, adduce evidence, and cross-examine prosecution witnesses effectively. It underscores the foundational principles of criminal jurisprudence ensuring no miscarriage of justice.
S.P. Bhatnagar v. State of Maharashtra (1979):
The Supreme Court in this case elucidated the right of an accused to lead defence evidence as a fundamental aspect of a fair trial. It highlighted that Section 233 CrPC empowers the accused to present evidence, including summoning witnesses, to counter the prosecution’s case, subject only to the judicious discretion of the court as provided in sub-section (3).