Stages of a Criminal Trial Under BNSS, 2023

A Practical Guide for Advocates & Litigants

The implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has restructured the criminal justice process in India. Understanding these stages is vital for effective legal representation. Below is a streamlined breakdown of a Warrant Trial (instituted on Police Report), referring to the specific new sections.

Stage 1: Investigation & Police Report

The trial foundation is laid by the police before the case reaches the court.

• 📌 FIR Registration (Sec. 173 BNSS): The process starts with the First Information Report.
• 📌 Filing of Challan (Sec. 193 BNSS): Upon completing the investigation, the Police Officer forwards the "Police Report" (Charge Sheet) to the Magistrate.

Stage 2: Appearance & Scrutiny

Once the Challan is filed, the judicial mind is applied.

• Cognizance (Sec. 210 BNSS): The Magistrate takes judicial notice of the offense.
• Supply of Documents (Sec. 230 BNSS): Crucial Step. The Court ensures the accused is given a copy of the FIR, Police Report, and witness statements (formerly Sec. 207 CrPC).

Stage 3: Arguments on Charge

This is the first "Filter Stage" where the Advocate debates if a case exists at all.

Stage 4: Evidence & Trial

The core of the trial where witnesses are examined.

• 1. Prosecution Evidence (Sec. 265 BNSS): The State examines its witnesses (Chief Examination), and the Defence Advocate cross-examines them to break their testimony.
• 2. Statement of Accused (Sec. 351 BNSS): (Formerly 313 CrPC). The Court questions the accused to explain incriminating circumstances.
• 3. Defence Evidence (Sec. 266 BNSS): The accused may choose to bring their own witnesses to prove innocence.

Stage 5: Judgment (Sec. 358 BNSS)

After Final Arguments (Sec. 353 BNSS), the Judge pronounces the verdict.