Section 257 BNSS 2023 - Arguments
Section 257 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the argument stage in a trial before a Court of Session after the defence evidence, if any, is complete. It sets the order of oral submissions: the prosecutor first sums up the prosecution case, and the accused or the accused's advocate is then entitled to reply. A limited further opportunity is available to the prosecution on a point of law, with the permission of the Judge.
Text of Section 257 BNSS: Arguments
257. When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:
Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Meaning and scope of Section 257 BNSS
Section 257 applies after the stage of Section 256 BNSS, under which the accused may enter upon the defence and adduce evidence. Once the examination of defence witnesses, if any, is complete, the trial proceeds to final arguments.
The section regulates who addresses the Court first and who has the right of reply. The prosecutor must first sum up the prosecution case. The accused or the accused's advocate is then expressly entitled to reply.
Key point: Section 257 gives the accused or the accused's advocate the final reply on the facts and merits of the case, subject to the proviso allowing the prosecution, with the Judge's permission, to address a point of law raised by the defence.
Order of arguments under Section 257
| Stage | Who addresses the Court | Purpose |
|---|---|---|
| 1 | Prosecutor | To sum up the prosecution case after defence evidence, if any, is complete. |
| 2 | Accused or advocate | To reply to the prosecution's case and present the defence submissions. |
| 3 | Prosecution, with permission of the Judge | Only to make submissions regarding a point of law raised by the accused or the accused's advocate. |
What happens if the defence raises a point of law?
The proviso to Section 257 permits the prosecution to make submissions on a point of law raised by the accused or the accused's advocate. This further submission is not automatic. The prosecution must have the permission of the Judge.
A "point of law" in this context means a legal issue requiring the Court to apply or interpret a legal rule, statutory provision or legal principle. The proviso is therefore narrower than a general second opportunity to re-argue the prosecution case.
Section 257 in the sequence of a Sessions trial
Section 257 forms part of the BNSS provisions governing trials before a Court of Session. It follows the defence stage under Section 256 and precedes the judgment stage under Section 258 BNSS.
| Provision | Stage |
|---|---|
| Section 251 | Framing of charge |
| Section 252 | Conviction on plea of guilty |
| Section 253 | Date for prosecution evidence |
| Section 254 | Evidence for prosecution |
| Section 255 | Acquittal |
| Section 256 | Entering upon defence |
| Section 257 | Arguments |
| Section 258 | Judgment of acquittal or conviction |
| Section 259 | Previous conviction |
| Section 260 | Procedure in cases instituted under Section 222(2) |
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed July 1, 2024 as the date on which its provisions came into force, subject to the exception stated in the commencement notification relating to the entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Official legal resources
Last reviewed: September 11, 2026.