Defence Evidence and Final Arguments in Session Trial

Abstract

This research paper critically examines the law and practice relating to defence evidence and final arguments in Indian Sessions trials. The analysis covers both the pre-2024 framework under the Code of Criminal Procedure, 1973 (CrPC) and the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with its commencement (July 1, 2024) and transitional savings. Under CrPC, Section 233 governed the entry on defence and admissibility of evidence for the accused, while Section 234 laid down the procedure for arguments. The BNSS replaces these by Sections 256–258, with substantially similar provisions but updated numbering and timelines. The paper also notes the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replacing the Evidence Act, 1872, and affirms the accused’s right not to self-incriminate and to testify voluntarily. Key constitutional principles (presumption of innocence, equality, and fair trial under Articles 14 and 21) frame the discussion. Important Supreme Court and High Court decisions are surveyed: e.g., Gurupej Singh v. State of UP (2024) striking down unreasonable refusal to summon defence witnesses. Through comparative tables and a flowchart, the paper highlights continuities and reforms between the old and new law. It concludes by assessing practical challenges—such as delays and under-resourced defence and suggests reforms to better protect an accused’s right to present a full defence and meaningful final submissions.