Criminal Law

Stages of Criminal Trial under BNSS

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is the new law that replaces the old Criminal Procedure Code (CrPC). It lays down the procedure for how a criminal case is handled in court, from the moment a crime is reported till the final judgment.

Here are the main stages of a criminal trial under the BNSS in simple words:

1. FIR (First Information Report)

  • This is the first step when a crime is reported to the police.
  • It must be registered when a cognizable offence is reported (like murder, rape, theft).
  • FIR starts the investigation process.

2. Investigation by Police

  • After FIR, the police begin the investigation.
  • This includes:
    • Collecting evidence
    • Arresting the accused (if needed)
    • Interrogating witnesses
    • Visiting the crime scene
  • After completing the investigation, the police file a charge sheet (if there is enough evidence) or a closure report (if no evidence is found).

3. Cognizance by Magistrate

  • The magistrate studies the police report.
  • If there’s enough material, the magistrate takes cognizance of the offence and begins legal proceedings.

4. Framing of Charges

  • The judge goes through the case and decides what charges will be framed against the accused.
  • The accused is formally told what crimes he/she is being tried for.
  • If there is no evidence, the case may be discharged.

5. Plea of the Accused

  • After charges are framed, the accused is asked whether they accept the charges or deny them.
  • If the accused pleads guilty, the court may punish them right away.
  • If the accused pleads not guilty, the trial begins.

6. Prosecution Evidence

  • The prosecution (government lawyer) presents their evidence and witnesses in court.
  • Witnesses are examined and cross-examined.
  • The aim is to prove the accused guilty.

7. Statement of Accused

  • Under Section 343 BNSS, the court gives the accused a chance to explain their side.
  • The accused can deny the charges or give any explanation.

8. Defence Evidence (if any)

  • The accused can also present evidence or witnesses to prove their innocence.
  • It’s optional and depends on the case.

9. Final Arguments

  • Both sides – prosecution and defence – present their final arguments.
  • They summarize the case, highlight the evidence, and try to convince the judge.

10. Judgment

  • The judge carefully examines all the facts, evidence, and arguments.
  • The court then gives its judgment:
    • If found guilty – the accused is convicted.
    • If not – the accused is acquitted.

11. Sentencing

  • If the accused is convicted, the court holds a separate hearing to decide the punishment.
  • The court may give imprisonment, fine, or both depending on the offence.

Conclusion

The BNSS aims to make the trial process faster and more efficient than the old CrPC. These stages ensure that every accused gets a fair trial, and justice is delivered properly. Understanding these steps helps us become more aware of how the criminal justice system works in India.

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