Stages of a Criminal Trial in India Under BNSS, 2023

Criminal trials in India follow a structured legal process designed to ensure fairness, transparency, and protection of individual rights. With the replacement of the Code of Criminal Procedure, 1973 (CrPC) by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), procedural law governing criminal trials has been modernised while retaining its core principles.

Understanding the stages of a criminal trial is essential for accused persons, complainants, witnesses, and anyone involved in criminal litigation. This article explains each stage of a criminal trial under BNSS with relevant statutory provisions and practical insight.

1. Registration of Information and FIR

Relevant Provisions: Sections 173–176 BNSS

The criminal process begins with the registration of information relating to a cognizable offence. Under BNSS:

• Police are required to record information relating to cognizable offences

• Electronic registration of FIRs and preliminary inquiry in certain cases are recognised

• Zero FIR provisions ensure jurisdiction does not obstruct registration

This stage lays the foundation of the criminal case and determines whether investigation can lawfully commence.

2. Investigation by Police

Relevant Provisions: Sections 177–193 BNSS

After registration of the FIR, the police conduct investigation, which includes:

• Visiting the scene of offence

• Collection of evidence

• Examination of witnesses

• Arrest of accused where necessary

• Forensic and electronic evidence collection

BNSS places greater emphasis on time-bound investigation, use of technology, and documentation. Investigation must be conducted fairly, without bias, and in compliance with constitutional safeguards.

3. Filing of Police Report / Chargesheet

Relevant Provision: Section 193 BNSS

Once investigation is completed, the police submit a final report (chargesheet) before the Magistrate. This report includes:

• Details of the accused

• Nature of offence

• Evidence collected

• List of witnesses

If evidence is insufficient, a closure report may be filed. The court then decides whether to accept the report or order further investigation.

4. Cognizance by the Court

Relevant Provision: Section 210 BNSS

Cognizance refers to the court taking formal notice of the offence. At this stage:

• The Magistrate applies judicial mind to the police report or complaint

• The court decides whether sufficient grounds exist to proceed

Cognizance is not a trial but a judicial determination that a case deserves examination.

5. Supply of Documents to the Accused

Relevant Provision: Section 230 BNSS

Before trial begins, the accused has the right to receive:

• Copy of FIR

• Police report

• Statements of witnesses

• Documents relied upon by prosecution

This stage ensures the accused can prepare an effective defence, upholding the principle of natural justice.

6. Framing of Charges

Relevant Provisions: Sections 233–240 BNSS

Based on material placed before it, the court:

• Frames formal charges against the accused, or

• Discharges the accused if no prima facie case is made out

Charges define the scope of the trial. The accused is informed of the specific offences alleged and is asked whether they plead guilty or claim trial.

7. Prosecution Evidence

Relevant Provisions: Sections 254–259 BNSS

This is one of the most crucial stages of the criminal trial. The prosecution:

• Examines witnesses

• Produces documentary and electronic evidence

• Faces cross-examination by the defence

The credibility of witnesses and strength of evidence are tested at this stage. Cross-examination often determines the fate of the case.

8. Statement of the Accused

Relevant Provision: Section 262 BNSS

After prosecution evidence is concluded, the court records the statement of the accused. This:

• Allows the accused to explain circumstances appearing against them

• Is not given on oath

• Cannot be used as sole evidence for conviction

This stage gives the accused a direct opportunity to present their version.

9. Defence Evidence

Relevant Provision: Section 265 BNSS

The accused may:

• Examine defence witnesses

• Produce documents or evidence in support of defence

While the burden of proof remains on the prosecution, defence evidence can significantly weaken the prosecution’s case.

10. Final Arguments

Relevant Provision: Section 266 BNSS

Both sides present oral arguments summarising:

• Evidence on record

• Legal provisions applicable

• Strengths and weaknesses of the case

Written arguments may also be submitted. This stage consolidates the entire trial into legal reasoning for the court’s consideration.

11. Judgment

Relevant Provision: Section 270 BNSS

After hearing arguments, the court delivers judgment:

• Acquittal if prosecution fails to prove guilt beyond reasonable doubt

• Conviction if guilt is established

Judgment must contain reasons and findings on evidence.

12. Hearing on Sentence

Relevant Provision: Section 271 BNSS

If the accused is convicted, the court hears arguments on sentence. Factors considered include:

• Nature of offence

• Circumstances of the accused

• Past criminal record

• Possibility of reform

The court then passes an appropriate sentence.

Conclusion

The BNSS, 2023 retains the core structure of criminal trials while introducing procedural efficiency, technological integration, and stricter timelines. Understanding the stages of a criminal trial helps litigants appreciate the importance of each step and the role of due process in criminal justice.

A criminal trial is not a single event but a series of legally regulated stages, each designed to ensure fairness to both the accused and the prosecution.

Disclaimer

This article is for general legal awareness and informational purposes only and does not constitute legal advice. Legal provisions may vary based on facts and judicial interpretation.