The prosecution's opening statement is itself evidence that can be used to convict the accused.

This opening statement is simply a description of the charge and the evidence to come — it is not itself evidence, and guilt must still be established through the evidence actually presented at trial.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 249

Opening case for prosecution

When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, 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.§

Why this exists

This section formally begins the trial process before the Sessions Court by requiring the prosecution to clearly lay out, at the very outset, exactly what the accused is charged with and what evidence will be relied upon — giving the court, the defence, and any observers a clear roadmap of the case before witness examination begins.

Common misconceptions

Myth: The prosecution's opening statement is itself evidence that can be used to convict the accused.
Fact: This opening statement is simply a description of the charge and the evidence to come — it is not itself evidence, and guilt must still be established through the evidence actually presented at trial.