Stages of a Criminal Trial under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): A Complete Guide
By Advocate Avichal Pandey
Advocate, Allahabad High Court
The criminal justice system is designed to ensure that every accused person receives a fair trial while protecting the rights of victims and society. With the enforcement of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the Code of Criminal Procedure, 1973 (CrPC), the procedural framework of criminal trials has undergone significant restructuring, although many of the foundational principles remain unchanged.
Understanding the stages of a criminal trial is essential not only for lawyers but also for litigants, law students, and ordinary citizens. This article explains the journey of a criminal case from the registration of an FIR to the delivery of judgment under the BNSS.
1. Registration of FIR – Section 173 BNSS
Every criminal proceeding generally begins with the registration of a First Information Report (FIR) when information regarding the commission of a cognizable offence is received by the police.
The FIR sets the criminal law into motion and enables the investigating agency to begin its investigation. It records the basic allegations, names of the accused (if known), and the essential facts of the incident.
2. Commencement of Investigation – Section 176 BNSS
After the FIR is registered, the Investigating Officer begins collecting evidence.
The investigation may include:-
Visiting the place of occurrence
Recording witness statements
Collecting documentary evidence
Seizing relevant articles
Conducting forensic examination
Arresting the accused where legally necessary
The objective of investigation is to discover the truth rather than merely secure a conviction.
3. Remand of the Accused – Section 187 BNSS
If an accused is arrested and the investigation cannot be completed within twenty-four hours, the police must produce the accused before the Magistrate.
Depending upon the circumstances, the Magistrate may grant:-
Police custody
Judicial custody
However, remand is not required in every criminal case. It depends upon the facts, the necessity of arrest, and the progress of investigation.
4. Filing of Police Report (Chargesheet) – Section 193 BNSS
Upon completion of the investigation, the Investigating Officer files a Police Report, commonly known as the Chargesheet, if sufficient evidence exists.
If no evidence is found, a Final Report or Closure Report may be submitted instead.
The Chargesheet contains:-
Details of accused persons
List of witnesses
Documentary evidence
Expert reports
Nature of offences alleged
5. Taking Cognizance – Section 210 BNSS
Once the Chargesheet is filed, the Magistrate examines whether a prima facie case exists.
Taking cognizance means the court applies its judicial mind to the allegations and decides whether criminal proceedings should continue.
It is an important judicial stage because the court independently evaluates the material placed before it.
6. Issuance of Process – Section 227 BNSS
After taking cognizance, the court issues:-
Summons
Bailable Warrants
Non-Bailable Warrants
depending upon the nature of the offence and the circumstances of the accused.
7. Supply of Documents to the Accused – Section 230 BNSS
A fair trial requires that the accused should know the evidence against them.
Accordingly, the accused receives copies of:-
FIR
Police Report
Witness statements
Confessional statements (where permissible)
Relevant documents relied upon by the prosecution
This ensures compliance with the principles of natural justice.
8. Commitment of Case to Sessions Court – Section 232 BNSS
Certain serious offences such as murder, rape, and offences punishable with life imprisonment or death are triable exclusively by the Court of Session.
In such cases, the Magistrate commits the case to the Sessions Court for trial.
9. Discharge of the Accused
Sessions Cases – Section 250 BNSS
If the Sessions Judge concludes that no sufficient ground exists to proceed, the accused may be discharged.
Magistrate Cases – Section 262 BNSS
Similarly, a Magistrate may discharge an accused where the materials do not disclose any offence requiring trial.
Discharge protects individuals from unnecessary criminal prosecution.
10. Framing of Charge – Section 251 BNSS
Where sufficient grounds exist, the court formally frames charges against the accused.
The charge specifies:
The offence alleged
Relevant statutory provisions
Particulars of the accusation
The accused is informed clearly about the allegations to prepare an effective defence.
11. Plea of the Accused
After charges are framed, the accused is asked whether they plead guilty or claim trial.
If the accused voluntarily pleads guilty, the court may record the plea and proceed according to law.
If the accused denies the allegations, the matter proceeds to a full-fledged trial.
12. Prosecution Evidence – Sections 254 and 265 BNSS
This stage forms the backbone of every criminal trial.
The prosecution presents its evidence through:
Oral testimony
Documentary evidence
Medical reports
Scientific evidence
Electronic records
Expert witnesses
Each witness is examined, cross-examined, and re-examined where necessary.
The burden always remains upon the prosecution to prove guilt beyond reasonable doubt.
13. Examination of the Accused – Section 351 BNSS
After prosecution evidence concludes, the court examines the accused.
This provides an opportunity to explain:
Circumstances appearing in evidence
Allegations made during trial
Incriminating material
The answers given are not taken on oath but are important for ensuring procedural fairness.
14. Defence Evidence
Although the accused is presumed innocent and is not required to prove innocence, they may choose to lead defence evidence.
This may include:
Defence witnesses
Expert evidence
Documentary evidence
Electronic records
The defence seeks to create reasonable doubt regarding the prosecution's case.
15. Final Arguments – Sections 257 BNSS
Once evidence concludes, both parties advance their final submissions.
The prosecution argues why the accused should be convicted.
The defence points out:
Contradictions
Procedural irregularities
Weaknesses in evidence
Legal defects
Reasonable doubt
These submissions assist the court in arriving at a just conclusion.
16. Judgment
After considering the entire record, the court delivers its judgment.
Depending upon the evidence, the accused may be:
Acquitted
Convicted
If convicted, the court subsequently hears the accused on the question of sentence before imposing punishment wherever required by law.
Fundamental Principles Governing Every Criminal Trial
Regardless of the offence involved, every criminal trial under the BNSS is guided by certain constitutional principles:-
Presumption of innocence until proven guilty.
Fair investigation and fair trial.
Right to legal representation.
Opportunity to cross-examine witnesses.
Decision based only on legally admissible evidence.
Conviction only when guilt is established beyond reasonable doubt.
These principles preserve public confidence in the administration of criminal justice.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita, 2023 modernises India's criminal procedure while retaining the core safeguards essential for a fair justice system. From the registration of an FIR to the final judgment, every stage serves a distinct purpose in balancing the rights of the victim, the accused, and society.
For litigants, understanding these procedural stages reduces uncertainty and helps them participate more effectively in criminal proceedings. For legal professionals, a clear grasp of the BNSS framework is indispensable for effective advocacy before the courts.
If you are involved in a criminal case—whether as a complainant, accused, or witness—obtaining timely legal advice can make a significant difference in protecting your rights throughout the criminal trial process.
Author:
Avichal Pandey
Advocate, Allahabad High Court
Practising in Criminal, Service, Constitutional, and Matrimonial Matters
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