Bharatiya Nagarik Suraksha Sanhita, 2023
Section 277
Procedure when not convicted
(1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.
Why this exists
This ensures that when a summons-case doesn't end quickly through a guilty plea, both sides still get a genuine, evidence-based hearing rather than a snap decision, while giving the Magistrate power to compel witnesses for either side. It mirrors section 254 of the earlier Code of Criminal Procedure.