Bharatiya Nagarik Suraksha Sanhita, 2023
Section 256
Entering upon defence
(1) Where the accused is not acquitted under section 255, 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.
Why this exists
This section guarantees the accused a genuine opportunity to defend himself - a core element of a fair trial - while giving the judge a check against defence requests made purely to stall proceedings or harass witnesses. It mirrors section 233 of the earlier Code of Criminal Procedure.