STAGES OF A CRIMINAL TRIAL UNDER BNSS, 2023

Welcome to ANG GYAN, your trusted source for comprehensive STAGES OF A CRIMINAL TRIAL UNDER BNSS, 2023. This blog is designed to simplify and elucidate the most stages of criminal trial under BNSS, 2023, providing law students, legal professionals, and enthusiasts with clear, authoritative explanations and practical guidance. Whether you are preparing for exams, honing your litigation skills, or deepening your understanding of procedural law, ANG GYAN serves as your go-to resource for mastering the essential procedural frameworks that govern civil justice in India.

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🔹 STAGES OF A CRIMINAL TRIAL UNDER BNSS, 2023

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1. Commission of Crime

• Crime occurs: An act or omission punishable under the Bharatiya Nyaya Sanhita, 2023 (BNS).
• Crime can be:
• Cognizable: Police can arrest without a warrant (e.g., murder, rape).
• Non-cognizable: Police need magistrate permission to act (e.g., defamation).

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2. Registration of FIR (First Information Report) [Section 173, BNSS]

• FIR is filed under Section 173 of BNSS for cognizable offences.
• It can be:
• Oral or written to the officer-in-charge of the police station.
• FIR must be recorded and a copy given free to the complainant.
• For non-cognizable offences, police must seek permission from a Magistrate before investigating.

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3. Investigation by Police [Sections 175–192, BNSS]

Investigation includes:

1. Visit to crime scene
2. Collection of evidence (witnesses, documents, CCTV, forensics, etc.)
3. Examination of witnesses
4. Arrest of accused (if needed)
5. Interrogation
6. Medical examination (if applicable)
7. Police custody or judicial custody of the accused

➡ After investigation, the police prepare a:

• Closure report (Final Report) if no evidence is found.
• Chargesheet (Police Report) under Section 193 BNSS, if sufficient evidence exists.

  

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4. Cognizance by Magistrate [Section 210, BNSS]

• Magistrate takes cognizance of the offence after receiving a chargesheet.
• Magistrate can:
• Accept the police report.
• Order further investigation.
• Reject the report and proceed to trial.

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5. Framing of Charges [Section 251–259, BNSS]

• Magistrate or Sessions Judge examines the case:
• If prima facie evidence exists, charges are framed.
• Charges are read and explained to the accused.
• Accused may plead guilty or not guilty.

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6. Commencement of Trial

Types of Trials under BNSS:

Type of Offence	Type of Trial	Conducted By
Warrant Cases (≥3 yrs punishment)	Sessions Trial or Warrant Case Trial	Sessions Court or Magistrate
Summons Cases (<3 yrs)	Summons Trial	Magistrate
Summary Trials	For petty offences	Magistrate

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7. Prosecution Evidence [Section 260–270, BNSS]

• Prosecution presents evidence.
• Examination-in-chief, cross-examination by defense.
• Witnesses and documents are examined.
• Court may issue summons to witnesses.

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8. Statement of Accused [Section 272, BNSS]

• Court records the statement of the accused under Section 272.
• Accused explains circumstances or evidence against them.

 

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9. Defense Evidence [Section 273, BNSS]

• Accused may produce evidence in their defense.
• Witnesses may be examined, cross-examined.
• Court may also summon witnesses.

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10. Final Arguments [Section 274–275, BNSS]

• Both Prosecution and Defense present final oral arguments.
• Clarifies evidence, law points, and defenses.

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11. Judgment [Section 276–278, BNSS]

• Court pronounces judgment: Acquittal or Conviction.
• Judgment must be reasoned, in writing, and signed by the judge.

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12. Sentencing

• If found guilty, the accused is sentenced as per provisions of the Bharatiya Nyaya Sanhita (BNS).
• Judge may consider:
• Mitigating/aggravating factors.
• Past criminal record.
• Victim impact.

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13. Post-Trial Remedies: Appeal, Revision, and Review

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✅ A. Appeal [Sections 418–434, BNSS]

• Right to appeal is statutory, not inherent.
• Can be filed by:
• Convicted person
• Prosecution (in certain cases)
• Appeal lies to:
• Sessions Court: If tried by Magistrate.
• High Court: If tried by Sessions Court.
• Supreme Court: In rare cases (special leave under Article 136).
• Appeal may be on:
• Conviction
• Sentence
• Acquittal (by state)
• Compensation orders

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✅ B. Revision [Sections 435–439, BNSS]

• Available when no right of appeal exists.
• High Court or Sessions Judge can revise any order of subordinate court to correct:
• Jurisdictional error
• Legal mistake
• Procedural irregularity
• Revision is discretionary.

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✅ C. Review (limited scope)

• Criminal courts do not generally review their own judgments.
• Only higher courts can intervene through appeal or revision.
• However, clerical or arithmetical errors can be corrected under Section 463 BNSS.

 

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Some Important Sections in Civil Procedure Code(CPC)

Welcome to ANG GYAN, your trusted source for comprehensive insights into the Code of Civil Procedure (CPC), 1908. This blog is designed to simplify and elucidate the most important Sections and Orders of the CPC, providing law students, legal professionals, and enthusiasts with clear, authoritative explanations and practical guidance. Whether you are preparing for exams, honing your litigation skills, or deepening your understanding of procedural law, ANG GYAN serves as your go-to resource for mastering the essential procedural frameworks that govern civil justice in India.

 Important Note: 

This blog highlights some of the key and frequently cited sections and orders of the CPC. However, the Code is vast and comprehensive. Students and legal practitioners are strongly advised to thoroughly study all sections and orders of the Code in its entirety, as understanding the full scope of the CPC is crucial for effective learning and practice. Relying solely on selected provisions may result in gaps in knowledge and preparation.

Dive in to explore the vital provisions, step-by-step procedures, and key judicial principles that shape the civil legal landscape.

Important Sections in Civil Procedure Code

 

The important provisions below are arranged as per the Code of Civil Procedure Index, 1908.

 

Preliminary [Section 01-08]

 

    Section 1- Note the basics of the Code, like extent, enforcement date, etc.

 

    Section 2- Read all the definitions is important but give more attention to clauses

                 2, 3,   5, 6, 9, 10, 11, 12, 14,    17, 19.

 

    Section 5- CPC’s application in Revenue Courts.

 

    Section 6- Pecuniary Jurisdiction in CPC.

 

Part I – Suits in General [Section 09-35B] - All Important

 

    Part I deals with Suits. It is the foundation of CPC, and so all the provisions shall be dealt with exhaustively.

 

Part II – Execution [Section 36-74]

 

    Section 38: Provides that Decree can be executed by which Courts.

 

    Section 39: Deals with the transfer of decrees.

 

    Section 42: Deals with the power of the Court to execute transferred decrees.

 

    Section 46: Precepts

 

    Section 50: Legal Representative

 

    Section 51: Power of Courts to order execution.

 

    Section 54: Partition of estate.

 

    Section 55: Arrest and detention for the execution of the decree.

 

    Section 56: Women prohibited from arrest in execution.

 

    Section 60: Property that can be attached in execution (Very important)

 

    Section 73: Proceeds to be distributed ratably amongst decree-holders.

 

    Section 74: Resistance to execution.

 

Part III – Incidental Proceedings [Section 75-78]

 

    Section 75: Court’s power to issue Commissions; clauses (a)-(g) are very important.

 

    Section 77: Letter of request.

 

Part IV – Suits in Particular Cases [Section 79-88]

 

    Section 79: Suits by or against Central and State Government.

 

    Section 80: Notice to be sent to Government before instituting suit.

 

    Section 82: Deals with the execution of a decree against the Government.

 

    Section 88: Interpleader Suit- concept and when they can be filed.

 

Part V – Special Proceedings [Section 89-93]

 

    Section 89: Settlement of disputes through Arbitration, Mediation, etc.

 

    Section 91 and 91: Brief reading on public nuisances and public charities.

 

Part VII – Appeals [Section 96-112]- All Important

 

    Section 96 to 112: All the provisions are important. Read all of them exhaustively with detailed concepts.

 

 

 

Part VIII – Reference, Review and Revision [Section 113-115] - All Important

 

    Just like Part 07, these three Sections are also very important.

 

Part X – Rules [Section 121-131]

 

    Section 122: Power of High Courts to make rules.

 

    Section 123: Rules Committee.

 

Part XI – Miscellaneous [Section 132-158]

 

    Section 132-135A: Exemptions to certain classes.

 

    Section 144: Application for Restitution.

 

    Section 148: Time enlargement by Court.

 

    Section 148A: Caveat- concept and when it is filed

 

    Section 151: Inherent powers of the Court.

 

    Section 152: Amendments in Orders and Decrees by Court

 

    Section 153: General Powers of Court to amend.

 

Orders in CPC

 

    Order I - Parties to Suits.

 

    Order II - Frame of Suits.

 

    Order IV – Institution of Suits

 

    Order V – Issue and Service of Summons

 

    Order VI – Pleadings Generally

 

    Order VII – Plaint

 

    Order VIII – Written Statement, Set-off and Counter Claim.

 

    Order IX - Appearance of Parties and Consequence of Non-Appearance.

 

    Order X – Examination of Parties by the Court

 

    Order XI – Discovery and Inspection

 

    Order XIV - Settlement of Issues and determination of Suit on Issues of Law or

     on Issues  agreed upon

 

    Order XV - Disposal of the Suit at the First Hearing.

 

    Order XVII – Adjournments

 

    Order XX – Judgment and Decree (20)

 

    Order XXA – Costs

 

    Order XXI – Execution of Decrees and Orders (cover only these parts)

 

    Payment under Decree (Rule 01-02)

 

    Courts executing Decrees (Rule 03-09)

 

    Stay of Execution (Rule 26-29)

 

    Mode of Execution (Rule 30-36)

 

    Arrest and Detention in the Civil Prison (Rule 37-40).

 

    Attachment of Property (Rule 41-57)

 

    Order XXII – Death, Marriage and Insolvency of Parties.

 

    Order XXIII – Withdrawal and Adjustment of Suits

 

    Order XXVI – Commissions

 

    Order XXXII - Suits by or Against Minors and Persons of Unsound Mind.

 

    Order XXXIII – Suits by Indigent Persons

 

    Order XXXV – Interpleader

 

    Order XXXIX - Temporary Injunctions and Interlocutory Orders

 

    Order XLI - Appeals from Original Decrees

 

    Order XLII – Appeals from Appellate Decree

 

    Order XLIII – Appeals from Orders.

 

    Order XLV – Appeals to the Supreme Court.

 

    Order XLVI – Reference

 

    Order XLVII – Review

 

 

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