Scribd
Upload
86 views

Procedure for Trial Before the Court of Session Under

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines a structured procedure for conducting Sessions Trials for serious offenses, ensuring fair trial principles and protection of rights. The procedure includes steps from the commitment of the case to the Court of Session to judgment and sentencing, detailing the roles of the Magistrate, Public Prosecutor, and the accused. This framework aims to provide a transparent trial process for crimes such as murder, rape, and drug trafficking, while preventing wrongful convictions.

Uploaded by

Music
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
86 views

Procedure for Trial Before the Court of Session Under

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines a structured procedure for conducting Sessions Trials for serious offenses, ensuring fair trial principles and protection of rights. The procedure includes steps from the commitment of the case to the Court of Session to judgment and sentencing, detailing the roles of the Magistrate, Public Prosecutor, and the accused. This framework aims to provide a transparent trial process for crimes such as murder, rape, and drug trafficking, while preventing wrongful convictions.

Uploaded by

Music
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

Procedure for Trial Before the Court of Session Under

BNSS, 2023
Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, lays down a structured procedure for
conducting trials before a Court of Session for serious offenses. These trials, also known as
Sessions Trials, deal with crimes that carry severe punishments, including life imprisonment
or the death penalty.

The procedure for Sessions Trial is primarily outlined in Chapter XXI of BNSS, 2023. This
framework ensures fair trial principles, proper examination of evidence, and protection of
the accused's rights while ensuring that justice is served.

Examples of Cases Tried in a Sessions Court:

Murder (Section 302 IPC)


Rape (Section 376 IPC)
Dacoity (Section 395 IPC)
Attempt to murder (Section 307 IPC)
Drug trafficking (NDPS Act cases)

1. Legal Framework and Jurisdiction

Jurisdiction of Sessions Court:

• Cases that are exclusively triable by the Sessions Court are committed by the
Magistrate after a preliminary inquiry.
• The Sessions Court conducts trials for heinous and serious crimes under IPC and
other special laws.

Relevant Sections in BNSS, 2023:

• Section 250: Commitment of case to Court of Session.


• Section 251: Opening of prosecution.
• Section 252: Discharge of accused.
• Section 253: Framing of charges.
• Section 254: Plea of guilty.
• Section 255: Trial process.
• Section 256: Examination of accused.
• Section 257: Defense evidence.
• Section 258: Final arguments.
• Section 259: Judgment and sentencing.

2. Procedure for Sessions Trial


Step 1: Commitment of Case to the Court of Session (Section 250, BNSS,
2023)

• When a Magistrate determines that a case is triable only by a Sessions Court,


they commit the case to the Sessions Judge.
• The Magistrate:
Sends all documents, witness statements, and evidence to the Sessions
Court.
Informs the accused and ensures their presence before the Sessions Court.
Remands the accused to custody or bail, as applicable.

Example: If a person is charged with murder (Sec. 302 IPC), the Magistrate commits the
case to the Sessions Court after reviewing the charge sheet.

Step 2: Opening of the Case by the Public Prosecutor (Section 251, BNSS,
2023)

• The Public Prosecutor presents an opening statement to the court.


• They outline:
The charges against the accused.
A summary of evidence and witnesses.
The legal provisions applicable.

Example: In a rape case (Sec. 376 IPC), the prosecutor states the allegations and evidence,
including medical reports and witness statements.
Step 3: Discharge of the Accused (Section 252, BNSS, 2023)

• The Sessions Judge reviews the prosecution's case.


• If the judge finds insufficient evidence, they may discharge the accused.
• If a prima facie case exists, the trial proceeds.

Example: If the evidence in a terrorism case is weak, the accused may be discharged at this
stage.

Step 4: Framing of Charges (Section 253, BNSS, 2023)

• If the judge finds sufficient grounds to proceed, they frame formal charges
against the accused.
• The charges are:
Read out to the accused.
Explained in a language they understand.
• The accused is asked to:
Plead guilty or claim trial.

Example: If an accused is charged under Sec. 304B IPC (Dowry Death), the court frames
charges and proceeds to trial.

Step 5: Plea of Guilty (Section 254, BNSS, 2023)

• If the accused pleads guilty, the court may:


Convict them immediately.
Pass an appropriate sentence.

Example: In a theft case, if the accused pleads guilty, the court convicts them without a full
trial.

Step 6: Trial Process (Section 255, BNSS, 2023)

• If the accused pleads not guilty, the trial begins.


• The prosecution presents evidence first.
• The defense gets a chance to cross-examine witnesses.
Example: In a kidnapping case (Sec. 363 IPC), the prosecution presents CCTV footage,
and the defense challenges its authenticity.

Step 7: Examination of Prosecution Witnesses (Section 255, BNSS, 2023)

• The prosecution calls witnesses to testify.


• The defense cross-examines the witnesses to challenge the allegations.
• Witnesses may include:
Eyewitnesses.
Forensic experts.
Medical officers.

Example: In a rape case, forensic experts provide DNA reports, and the defense cross-
examines them.

Step 8: Examination of Accused (Section 256, BNSS, 2023)

• The judge questions the accused on the evidence presented.


• The accused has a chance to explain their side.
• The accused can:
Remain silent.
Provide an explanation.
Deny the charges.

Example: In a bribery case, the accused may argue that they were falsely implicated.

Step 9: Defense Evidence (Section 257, BNSS, 2023)

• The accused can:


Call witnesses in their defense.
Submit documents or expert reports.

Example: In a corruption case, the accused may provide bank records proving their
innocence.
Step 10: Final Arguments (Section 258, BNSS, 2023)

• Both prosecution and defense present their final arguments.


• The judge reviews:
All evidence and witness testimonies.
Legal precedents and arguments from both sides.

Example: In a drug trafficking case, the prosecution argues based on seizures, while the
defense argues planted evidence.

Step 11: Judgment and Sentencing (Section 259, BNSS, 2023)

• The judge delivers the judgment:


If guilty, the court announces the sentence.
If not guilty, the accused is acquitted.

Example: If convicted for murder (Sec. 302 IPC), the accused may face life imprisonment
or the death penalty.

Conclusion

The Sessions Trial procedure under BNSS, 2023, ensures:


A fair and just trial process.
Protection of accused and victim rights.
A step-by-step legal framework for serious offenses.

This structured trial process ensures transparency and helps prevent wrongful convictions
while allowing the prosecution to establish guilt beyond a reasonable doubt.

You might also like