Criminal trial procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the sequence of steps through which a criminal case moves from the filing of the police report to the final judgment. The BNSS keeps the structure of the old Code of Criminal Procedure but adds timelines at several stages and allows the use of electronic modes. This guide explains the stages in a simple order.
Types of criminal trial procedure
The procedure depends on the seriousness of the offence.
- Sessions trial: For serious offences triable by the Court of Session, such as murder. The Magistrate commits the case to the Sessions Court.
- Warrant case: For offences punishable with death, life imprisonment or imprisonment above two years, tried by a Magistrate.
- Summons case: For less serious offences punishable up to two years, with a simpler procedure.
- Summary trial: For minor offences, which is a quick procedure.
Stage 1: Investigation and charge sheet
After the FIR is registered, the police investigate and file a final report (charge sheet) before the Magistrate. For how an FIR starts the process, read our guide on FIR registration under BNSS Section 173. If the accused was arrested, the rules of custody and default bail govern the period of detention.
Stage 2: Cognizance and supply of documents
The Magistrate takes cognizance of the offence. Under Section 230 BNSS, copies of the police report, the FIR, statements and documents must be supplied to the accused, and to the victim if represented by an advocate, free of cost, within fourteen days of the accused’s appearance or production.
Stage 3: Commitment, if the case is triable by Sessions
Where the offence is triable only by the Court of Session, the Magistrate commits the case to that court under Section 232.
Stage 4: Discharge
The accused can ask the court to discharge him if the material on record does not make out a case.
- In a Sessions case, the application must be filed within sixty days from the date of commitment (Section 250).
- In a warrant case on a police report, the period is sixty days from the supply of documents (Section 262).
The court hears both sides, and if it finds no sufficient ground for proceeding, it discharges the accused and records reasons. If not, it proceeds to frame the charge.
Stage 5: Framing of charge
The court frames a charge stating the offence. In a Sessions case, the charge should be framed within sixty days from the first hearing on charge (Section 251). The charge is read and explained to the accused, who is asked whether he pleads guilty or claims trial. A guilty plea may be accepted, subject to the court’s satisfaction. For an alternative route to an early sentence, read our guide on plea bargaining under BNSS.
Stage 6: Prosecution evidence
The prosecution examines its witnesses. Each witness is subject to examination-in-chief, cross-examination and re-examination. Documents and material objects are marked as exhibits. The BNSS allows evidence to be recorded through audio-video electronic means and permits the use of electronic mode for proceedings.
Stage 7: Statement of the accused
After the prosecution evidence is complete, the court puts the incriminating circumstances to the accused and records his answers. The accused is not sworn, and he may choose to explain or deny.
Stage 8: Defence evidence
If the court does not acquit at this stage, the accused may lead evidence. He may examine himself or other witnesses and produce documents.
Stage 9: Arguments and judgment
The prosecution and defence argue. Under Section 258 BNSS, the judgment should be pronounced within thirty days of the completion of arguments, extendable up to forty-five days for reasons recorded in writing. These timelines are directory in nature in practice, but they signal the intention of the law.
Stage 10: Sentence and appeal
On a finding of guilt, the court hears the accused on the sentence. A convicted person, and in some cases the State or the victim, can file an appeal. For more, see our guide on criminal appeal and revision under BNSS.
Other features of the BNSS
- Limits on adjournments, so that the trial is not delayed unnecessarily.
- Trial in the absence of a proclaimed offender, subject to safeguards.
- Audio-video recording of search and seizure.
- Greater role for the victim in being informed and heard.
These details should be read from the Sanhita and updated rules. The text is on India Code.
Practical tips for the accused
- Collect and study the documents supplied under Section 230 carefully.
- Consider the discharge application within the time limit.
- Keep track of every hearing date, since non-appearance can lead to a warrant.
- Prepare for cross-examination, since it often decides the case.
Frequently Asked Questions
What are the stages of a criminal trial under BNSS?
Charge sheet, cognizance, supply of documents, commitment where needed, discharge, framing of charge, prosecution evidence, statement of the accused, defence evidence, arguments, judgment and sentence.
What is the time limit to file a discharge application?
In Sessions cases, sixty days from commitment under Section 250. In warrant cases on a police report, sixty days from supply of documents under Section 262.
When should the court frame the charge?
In a Sessions case, within sixty days from the first hearing on charge under Section 251.
Within what time should the judgment be pronounced?
Within thirty days of the completion of arguments, extendable to forty-five days with written reasons, under Section 258.
What is the difference between a sessions trial and a warrant case?
A sessions trial is for the most serious offences and is conducted by the Court of Session after commitment. A warrant case is tried by a Magistrate for offences punishable with more than two years.
Can the trial be held in electronic mode?
The BNSS allows evidence and proceedings to be conducted through electronic means in the manner allowed by law and the court.
Does the victim have a right in the trial?
Yes. The BNSS strengthens the rights of the victim to receive documents, to be heard at certain stages, and to be informed of the progress of the case.
This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.