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Stages of Trial Under BNSS 1733294674

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82 views4 pages

Stages of Trial Under BNSS 1733294674

Uploaded by

Vikas Sahu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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STAGES OF A CRIMINAL CASE: SIMPLIFIED STEP-BY-STEP GUIDE WITH

RELEVANT SECTIONS FROM THE BHARATIYA NAGARIK SURAKSHA


SANHITA (BNSS), 2023
1. Filing a Complaint
• The victim (complainant) reports the crime to the police by filing a
complaint.
• Relevant Section: Section 154, BNSS, 2023 – Information in
cognizable cases.
2. Preliminary Inquiry
• The police conduct an initial investigation to verify if the complaint is
genuine and has criminal elements.
• Relevant Section: Section 157, BNSS, 2023 – Procedure for
investigation.
3. FIR Registration
• If the complaint is valid, the police register a First Information Report
(FIR), marking the start of the formal case.
• Relevant Section: Section 156, BNSS, 2023 – Police officer’s power to
investigate cognizable cases.
4. Arrest of the Accused
• The police may arrest the accused and must present them before a
magistrate within 24 hours.
• Relevant Sections:
• Section 59, BNSS, 2023 – Person arrested to be informed of
grounds of arrest and of right to bail.
• Section 60, BNSS, 2023 – Person arrested not to be detained
more than twenty-four hours.
5. Bail Process
• The accused can apply for bail (after arrest) or anticipatory bail (to
avoid arrest).
• Relevant Sections:
• Section 88, BNSS, 2023 – Anticipatory bail.
• Section 439, BNSS, 2023 – Special powers of High Court or Court
of Session regarding bail.
6. Police Investigation
• The police investigate further by questioning witnesses and
gathering evidence.
• Relevant Section: Section 161, BNSS, 2023 – Examination of witnesses
by police.
7. Charge Sheet Submission
• After completing the investigation, the police file a charge sheet with
the court.
• Relevant Section: Section 173, BNSS, 2023 – Report of police officer
on completion of investigation.
8. Case Number Assignment
• The court assigns a case number, making it an official court case.
9. Summons Issuance
• The court issues a summons to the accused, requiring their
appearance on a specific date.
• Relevant Section: Section 204, BNSS, 2023 – Issue of process.
10. Appearance in Court
• The accused appears in court, either personally or through a lawyer.
• Relevant Section: Section 205, BNSS, 2023 – Magistrate may dispense
with personal attendance of accused.
11. Initial Examination of the Accused
• The court asks the accused for their response to the charges.
• Relevant Section: Section 251, BNSS, 2023 – Substance of accusation
to be stated.
12. Plea of Guilt or Denial
• If the accused pleads guilty, the court may convict them accordingly.
If not guilty, the case proceeds to trial.
• Relevant Sections:
• Section 252, BNSS, 2023 – Conviction on plea of guilty.
• Section 253, BNSS, 2023 – Conviction on plea of guilty in
absence of accused in petty cases.
13. Trial Begins (Evidence Stage)
• The court examines evidence and witness statements to verify the
charges.
• Relevant Sections:
• Section 274, BNSS, 2023 – Record in trial of summons-cases and
inquiries.
• Section 275, BNSS, 2023 – Record in warrant-cases.
14. Prosecution Witnesses Present Evidence
• The complainant and other witnesses testify.
• Relevant Section: Section 276, BNSS, 2023 – Record in trial before
Court of Session.
15. Cross-Examination of Prosecution Witnesses
• The defense lawyer questions the prosecution witnesses to challenge
their statements.
• Relevant Section: Section 278, BNSS, 2023 – Procedure in regard to
such evidence when completed.
16. Second Examination of the Accused
• The court questions the accused again to explain the evidence
presented against them.
• Relevant Section: Section 313, BNSS, 2023 – Power to examine the
accused.
17. Defense Evidence (Optional)
• If the accused wishes to present their own witnesses, they must seek
court permission.
• Relevant Section: Section 315, BNSS, 2023 – Accused person to be
competent witness.
18. Cross-Examination of Defense Witnesses
• The prosecution lawyer questions the defense witnesses to challenge
their statements.
19. Closing Arguments
• Both the prosecution and defense lawyers present their final
arguments to the court.
• Relevant Section: Section 314, BNSS, 2023 – Oral arguments and
memorandum of arguments.
20. Judgment
• The court delivers its decision:
• Conviction: The accused is found guilty.
• Acquittal: The accused is found not guilty.
• Relevant Section: Section 353, BNSS, 2023 – Judgment.

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