The Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the Criminal Procedure Code (CrPC) as the governing law for criminal trials in India. If you or someone you know is facing criminal charges, understanding the BNSS criminal trial stages is crucial to navigating the legal process effectively.
This blog breaks down the Bharatiya Nagarik Suraksha Sanhita trial process, from FIR to judgment under BNSS, while highlighting key differences between BNSS vs CrPC trial procedures. Whether you’re an accused individual, a victim, or a legal professional, this guide will help you grasp the criminal trial procedure in India under the new law.
Key Stages of a Criminal Trial Under BNSS
1. Registration of FIR (First Information Report)
The criminal justice process begins with the filing of an FIR (First Information Report) under Section 173 of BNSS. Unlike the CrPC, BNSS mandates that FIRs must be registered online, ensuring transparency and reducing delays.
- Key Points:
- Police must file an FIR if the offense is cognizable.
- Victims can file complaints electronically.
- Refusal to register an FIR can lead to disciplinary action against the officer.
2. Investigation by Police
Once an FIR is lodged, the police begin their investigation under BNSS, which must be completed within:
- 60 days for offenses punishable with up to 10 years.
- 90 days for offenses punishable with death/life imprisonment.
- Key Changes from CrPC:
- Forensic evidence collection is mandatory for offenses punishable with 7+ years.
- Victims have the right to updates on the investigation.
3. Filing of Charge Sheet
After completing the investigation, the police submit a charge sheet under BNSS (Section 193) before the court. The charge sheet includes:
- Evidence collected
- Witness statements
- Accused’s criminal history (if any)
- BNSS vs CrPC Difference:
- BNSS imposes stricter timelines for charge sheet submission.
- Delay requires approval from higher authorities.
4. Cognizance by Magistrate
The magistrate reviews the charge sheet and decides whether to:
- Take cognizance of the case
- Dismiss it for lack of evidence
- Order further investigation
5. Framing of Charges (Section 230 BNSS)
If the magistrate finds sufficient evidence, the court proceeds to framing of charges under BNSS. The accused is formally informed of the allegations and asked to plead guilty or not guilty.
- Plea Bargaining Under BNSS (Section 262)
- First-time offenders can opt for plea bargaining to reduce punishment.
- Not applicable for offenses punishable with death/life imprisonment or affecting socio-economic conditions.
6. Trial Process: Summons, Warrant, or Sessions Trial
Depending on the offense, trials under BNSS are classified as:
A. Summons Trial (Minor Offenses)
- Conducted for petty crimes (e.g., simple hurt, defamation).
- No formal charge framing required.
B. Warrant Trial (Serious Offenses)
- For offenses punishable with more than 2 years.
- Strict evidence and witness examination procedures apply.
C. Sessions Trial (Grave Offenses)
- Handled by Sessions Court for crimes like murder, rape, etc.
- Involves detailed witness examination under BNSS and cross-examination.
7. Examination of Witnesses
- Prosecution witnesses testify first.
- Defense witnesses are examined next.
- BNSS allows video recording of statements to prevent coercion.
8. Final Arguments & Judgment
After witness examination, both sides present final arguments. The judge then delivers the judgment under BNSS, which can be:
- Acquittal (if evidence is insufficient)
- Conviction (if guilt is proven beyond doubt)
9. Appeal Process Under BNSS
If dissatisfied with the verdict, the accused/victim can file an appeal under BNSS:
- Sessions Court → High Court → Supreme Court
- Time limits for appeals are stricter than under CrPC.
10. Execution of Sentence
If convicted, the accused must serve the sentence unless:
- A stay order is obtained from a higher court.
- Pardon/commutation is granted.
Key Differences Between BNSS and CrPC in Criminal Trials
| Aspect | CrPC (Old Law) | BNSS (New Law) |
|---|---|---|
| FIR Registration | Physical complaint allowed | Mandatory online FIR |
| Investigation Time | Flexible deadlines | Strict 60/90-day limit |
| Forensic Evidence | Optional in many cases | Mandatory for serious crimes |
| Plea Bargaining | Limited applicability | Expanded scope |
| Witness Protection | Minimal safeguards | Video-recorded statements |
When Should You File a Discharge Application Under BNSS?
If the evidence against you is weak, you can file a discharge application under BNSS (Section 250) to avoid trial. This must be done before charges are framed.
Need Legal Assistance? Let Our Experts Help!
Navigating the BNSS criminal trial stages can be complex, but you don’t have to do it alone. If you’re facing charges or need guidance on the Bharatiya Nagarik Suraksha Sanhita trial process, our experienced criminal lawyers can help with:
- FIR Quashing
- Bail Applications
- Discharge Petitions
- Plea Bargaining
- Appeals & Revisions
Contact us at +91-7678241421 or whatsapp or visit our Contact Us page today today for a confidential consultation!