Module III
Module III
Relating to Trials
Bharatiya Nagarik Suraksha Sanhita (BNSS)
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.
• 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).
• 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).
• 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.
• 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.
• 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.