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Module III

Module III of the Bharatiya Nagarik Suraksha Sanhita outlines the procedures for charging and trial in the criminal justice system, including the framing of charges, joinder and alteration of charges, and provisions for accused persons with mental illness. It also discusses plea bargaining as a mechanism for reducing punishment and the implications of irregular proceedings during trials. The module emphasizes the importance of fair trials and the rights of the accused throughout the legal process.

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5 views

Module III

Module III of the Bharatiya Nagarik Suraksha Sanhita outlines the procedures for charging and trial in the criminal justice system, including the framing of charges, joinder and alteration of charges, and provisions for accused persons with mental illness. It also discusses plea bargaining as a mechanism for reducing punishment and the implications of irregular proceedings during trials. The module emphasizes the importance of fair trials and the rights of the accused throughout the legal process.

Uploaded by

Kritika Kalra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Module III: Charge and Common Features

Relating to Trials
Bharatiya Nagarik Suraksha Sanhita (BNSS)

Introduction to Charge and Trial Procedures


Once the investigation is complete, the next step in the criminal justice process is to
formally charge the accused and begin the trial process. This module covers:

1. Framing of Charges – How a charge is prepared and its legal requirements.


2. Joinder and Alteration of Charges – Combining multiple charges or changing
charges.
3. General Provisions for Trials – Common rules applicable to all types of criminal
trials.
4. Provisions for Accused Persons with Mental Illness – Legal protections for
mentally ill accused.
5. Plea Bargaining – A process for reducing punishment in exchange for an admission
of guilt.
6. Irregular Proceedings – Consequences of procedural errors in trials.

1. Form of Charge, Joinder of Charges, and Alteration of


Charge (Sections 234-247)
What is a Charge?

• A charge is a formal accusation made by the court against an accused person


stating the offense they have committed.
• It helps the accused understand the allegations and prepare a defense.
• Example: If a person is accused of theft, the charge will mention the law under
which they are being prosecuted (e.g., Section 378 IPC).

Legal Requirements for a Charge (Section 234):

1. Must be precise and clear – The accused should understand the exact offense.
2. Must mention the offense name and section of the law – Example: "The accused
has committed murder under Section 302 of IPC".
3. Must specify details of the act committed – Date, time, place, and manner of the
crime.
4. Must be read and explained to the accused – The accused must be given a chance
to plead guilty or not guilty.
Joinder of Charges (Section 235-238):

• When a person commits multiple offenses, they can be charged for all of them in a
single trial.
• Example: A person commits theft and assault in the same incident. The court can
frame charges for both crimes together.

Alteration of Charge (Section 239-247):

• If the trial judge finds that the charge is incorrect or new evidence emerges, the
charge can be changed or modified.
• Example: If an accused is charged with causing injury but later evidence shows
attempt to murder, the charge can be changed from Section 323 IPC (hurt) to
Section 307 IPC (attempt to murder).

2. Language of Court (Section 307)


• The court proceedings and charge sheets must be in a language understood by the
accused.
• Official languages of the court (English or regional language) must be used.

3. General Provisions for Inquiries and Trials (Sections


338-360)
What is a Criminal Trial?

• A criminal trial is a legal process where evidence is examined to determine if the


accused is guilty or not.
• Types of Trials in BNSS:
o Sessions Trial – For serious offenses (e.g., murder, rape).
o Warrant Trial – For moderate offenses (e.g., cheating, fraud).
o Summons Trial – For minor offenses (e.g., defamation, public nuisance).
o Summary Trial – For very petty offenses (e.g., traffic violations).

Stages of a Criminal Trial:

1. Framing of Charges – The accused is informed about the charges.


2. Plea of the Accused – The accused pleads guilty or not guilty.
3. Prosecution Evidence & Witness Examination – The court examines witnesses
and evidence.
4. Defense Evidence – The accused presents their side of the story.
5. Final Arguments – Both sides present their closing arguments.
6. Judgment and Verdict – The court delivers a decision (guilty or not guilty).
Key Provisions in Trials (Sections 338-360):

• Trial must be fair and impartial – The accused has a right to defend themselves.
• Witnesses must be examined in open court – Ensures transparency.
• Accused must be present during trial – Except in special circumstances (e.g., video
conferencing).

4. Provisions for Accused Persons of Mental Illness


(Sections 367-378)
Legal Protection for Mentally Ill Accused:

• If an accused is mentally ill, they cannot be punished until they are fit to stand trial.
• Steps in cases of mental illness:
1. Medical Examination: The court orders a psychiatric evaluation.
2. Suspension of Trial: If the accused is unfit, the trial is postponed.
3. Hospitalization: The accused may be sent to a mental institution instead of
jail.
4. Resumption of Trial: The trial resumes only when the accused recovers.
• Example: If a person commits a crime but is later diagnosed with schizophrenia, the
trial is halted until they are stable.

5. Plea Bargaining (Sections 289-300)


What is Plea Bargaining?

• Plea bargaining allows the accused to admit guilt in exchange for a lesser
punishment.
• It reduces the burden on courts and helps in quick disposal of cases.

When Can Plea Bargaining Be Used?

• Only for offenses with punishment of up to 7 years.


• Not applicable for serious crimes like murder, rape, or corruption cases.

Process of Plea Bargaining:

1. The accused applies for plea bargaining before the court.


2. Victim and prosecution agree on the terms.
3. The court ensures no force or coercion is used.
4. The accused pleads guilty in exchange for a reduced sentence.

• Example: A person accused of theft (punishable by 3 years) agrees to plead guilty


and receives only 6 months imprisonment instead.
6. Irregular Proceedings (Sections 508-509)
What Are Irregular Proceedings?

• Irregular proceedings happen when the trial does not follow legal procedures
properly.
• Examples of irregularities:
o Trial held in the wrong court.
o Improper framing of charges.
o Denial of the right to legal representation.
o Failure to provide the accused an opportunity to defend themselves.

Consequences of Irregular Proceedings:

• If irregularities are found:


1. The trial may be declared invalid.
2. The case may be re-tried from the beginning.
3. If the irregularity does not affect the case outcome, the trial may continue.
• Example: If an accused is tried without being given a lawyer, the trial is declared
illegal and restarted.

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