Stages of Criminal Trial under BNSS, 2023: A Practical Guide for Citizens and Litigants
By Advocate Avichal Pandey, Allahabad High Court
The criminal justice process in India is often perceived as complicated and difficult to understand. However, every criminal case follows a structured legal path, beginning from the lodging of a complaint and ending with the judgment of the court. With the replacement of the Code of Criminal Procedure, 1973 (CrPC) by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), several procedural provisions have been renumbered and modernized.
Understanding the stages of a criminal trial is important not only for lawyers and litigants but also for ordinary citizens who may one day interact with the criminal justice system.
1. Filing of Complaint or FIR
A criminal case generally begins in one of two ways:
(a) FIR at the Police Station
When information relating to a cognizable offence is given to the police, an FIR is registered under the relevant provisions of BNSS. This is the most common starting point of criminal proceedings.
(b) Complaint before the Magistrate
A person may directly approach the Magistrate by filing a private complaint. The Magistrate can:
●take cognizance,
●examine the complainant,
●direct police investigation, or
●dismiss the complaint if no sufficient ground exists.
This route is often used when the police refuse to register an FIR or when the complainant prefers judicial intervention.
2. Investigation by Police
Once an FIR is registered, the police conduct an investigation. The investigation may include:-
●visiting the scene of occurrence,
●collecting documents,
●recording statements of witnesses,
●conducting searches and seizures,
●recovering articles, and
●obtaining expert reports.
The purpose of investigation is to determine whether sufficient evidence exists against the accused.
3. Arrest and Production before Magistrate
If arrest becomes necessary, the accused must be produced before the Magistrate within the constitutionally prescribed period.
The Magistrate then decides:-
●police custody,
●judicial custody, or
●release on bail.
This stage acts as an important safeguard against arbitrary detention.
4. Bail Proceedings
Bail is a crucial aspect of criminal procedure. Depending upon the nature of the offence, the accused may seek:-
●regular bail,
●anticipatory bail, or
●default/statutory bail.
Courts consider factors such as the seriousness of allegations, possibility of tampering with evidence, and likelihood of absconding.
5. Filing of Charge Sheet or Final Report
After completing the investigation, the police submit:-
●a charge sheet if evidence supports prosecution, or
●a final report/closure report if evidence is insufficient.
The Magistrate is not bound by the police opinion and may:-
● accept the report,
●reject it,
●order further investigation, or
●take cognizance independently.
6. Notice to Informant or Complainant
When a closure report is filed, the informant or complainant must ordinarily be heard before the court accepts the report. This ensures transparency and fairness in the process.
7. Discharge or Framing of Charge
At this stage, the court examines whether there is sufficient ground to proceed.
Discharge
If the material on record does not disclose a prima facie case, the accused may be discharged.
Framing of Charge
If sufficient grounds exist, formal charges are framed and explained to the accused.
The framing of charge marks the formal commencement of the trial.
8. Types of Trial
The BNSS recognizes different trial procedures:-
(a) Summary Trial
Used for comparatively minor offences to ensure speedy disposal.
(b) Summons Case Trial
Applicable where the offence is punishable with imprisonment not exceeding the prescribed limit.
(c) Warrant Case Trial
Applicable to more serious offences and involves detailed evidence and procedural safeguards.
9. Prosecution Evidence
The prosecution presents its witnesses and documents before the court. Witnesses are:-
●examined-in-chief,
●cross-examined by the defense, and
●re-examined, if necessary.
This stage forms the backbone of the prosecution case.
10. Statement of the Accused
After prosecution evidence, the court records the statement of the accused. The accused gets an opportunity to explain the circumstances appearing against him or her.
This is not evidence under oath but an important opportunity for the defense.
11. Defense Evidence
The accused may choose to:-
●lead evidence,
●produce witnesses, or
●rely solely on cross-examination of prosecution witnesses.
The burden remains on the prosecution to prove guilt beyond reasonable doubt.
12. Arguments
Both sides present final arguments:-
●the prosecution argues why conviction should follow,
●the defense points out inconsistencies, legal defects, and reasonable doubt.
Effective arguments often determine the ultimate outcome of the case.
13. Judgment
After considering the evidence and arguments, the court delivers judgment.
Possible Outcomes
●Conviction
●Acquittal
●Discharge (at earlier stages)
●Compounding/Settlement, where legally permissible
If convicted, the court proceeds to hear the accused on the question of sentence before awarding punishment.
14. Plea Bargaining
The procedural framework also recognizes plea bargaining in specified offences. If successful:-
●the matter is settled through a negotiated outcome,
●compensation and sentencing aspects are considered,
●prolonged trial may be avoided.
However, plea bargaining is not available for all categories of offences.
What Has Changed under BNSS, 2023?
The overall structure of criminal trials remains similar to the earlier CrPC, but the BNSS:-
●renumbers several provisions,
●incorporates greater use of technology,
●emphasizes speedy investigation and trial,
●strengthens victim participation in certain situations, and
●seeks procedural efficiency without compromising fairness.
For lawyers and litigants, understanding the new section numbers is essential because courts have gradually transitioned from CrPC references to BNSS references.
Why Citizens Should Understand These Stages
Many people first encounter criminal law during:-
●family disputes,
●property conflicts,
●cheque dishonour matters,
●assault cases,
●cyber offences, or
●false implication allegations.
Knowing the stages of a criminal trial helps citizens:
●understand their rights,
●avoid unnecessary panic,
●cooperate effectively with legal counsel, and
●make informed decisions regarding bail, defense, and settlement.
Conclusion
A criminal trial is not a single courtroom event but a carefully regulated sequence of legal steps. From complaint to judgment, every stage under the Bharatiya Nagarik Suraksha Sanhita, 2023 is designed to balance two fundamental objectives: protecting society from crime and safeguarding the rights of the accused.
Whether you are a complainant, an accused person, or a concerned citizen, understanding these stages is the first step toward meaningful access to justice.
Avichal Pandey
Advocate
Allahabad High Court
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