The Journey of Justice: Understanding a Criminal Trial in India

1. Initiation of the Case — First Information Report (FIR)

The criminal process is set in motion when the police receive information about a serious crime, classified as a cognizable offense. Such information is formally documented as a First Information Report (FIR), which — under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — legally mandates the commencement of a police investigation.

In contrast, for non-cognizable offenses (less serious in nature), the police cannot investigate without prior approval from a Magistrate. This procedural safeguard is codified under Section 174 of the BNSS.

If the police decline to register an FIR despite a complaint, the aggrieved party may approach the Magistrate under Section 175(3) of the BNSS – a provision that replaces the earlier Section 156(3) of the Criminal Procedure Code (CrPC). This empowers the Magistrate to direct the police to register an FIR and initiate an investigation.

2. Police Investigation

The police conduct a thorough investigation by gathering facts, recording witness statements under Section 180 of the BNSS, searching for clues, and seizing relevant physical evidence. They may also arrest suspects under Section 43 of the BNSS. Upon completion, if sufficient evidence exists, the police file a charge sheet with the court under Section 193 of the BNSS. If no case is made out, they submit a closure report, which may take one of several forms: FRT (Final Report as True), FRF (Final Report as False), FRMF (Final Report as Mistake of Fact), FRML (Final Report as Mistake of Law), or FRNC (Final Report as Non-Cognizable).

3. Taking Cognizance of the Offense

The Magistrate reviews the police charge sheet and formally takes cognizance of the offense under Section 193 of the BNSS. If the police have filed a closure report, the complainant may challenge it. The Magistrate may then either accept the closure, order further investigation, or direct the case to proceed to trial.

4. Summoning the Accused

To secure the presence of the accused, the court may issue summons (Sections 63–70 BNSS, 2023) or warrants (Sections 72–81 BNSS, 2023). Upon compliance with the summons or execution of the warrant, the accused appears before the court, where they are formally apprised of the specific charges. This ensures procedural fairness and marks the transition from investigation to trial.

5. Bail and Custody

Before the trial commences, the accused may apply to the court for release on bail. The provisions governing bail are contained in Chapter XXXV of the BNSS, specifically Sections 478-483. If bail is not granted, the accused remains in judicial custody and continues to be held in jail throughout the trial proceedings.

6. Framing of Charges

After reviewing the police report and other evidence, the court proceeds to the stage of framing charges. If the court finds that there is no prima facie case, the accused is discharged under Section 227 (for Sessions Courts) and Section 239 (for Magistrates) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. If sufficient grounds exist, the court formally frames the charges. The accused is then asked to plead guilty or not guilty to the charges. The trial then proceeds in accordance with the provisions for warrant cases or summons cases as the case may be.

The specific sections for the framing of charges in warrant-cases are Section 230 for Sessions Court trials and Section 239 (for cases instituted on a police report) or Section 240 (for cases instituted otherwise than on a police report) for Magistrate trials.

7. Guilty Plea and Plea Bargaining

A guilty plea is the accused’s admission of guilt, which bypasses a full trial and leads directly to a conviction and sentencing. A separate, but related process is plea bargaining, which is formally codified in Chapter XXII (Sections 265A to 265L) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This allows an accused person to plead guilty to a lesser charge or in exchange for a reduced sentence. This process is generally applicable to offenses punishable with imprisonment for a term of up to seven years. It is subject to strict legal safeguards to ensure the accused’s consent is voluntary and the final agreement is fair, requiring judicial approval to be valid.

8. Examination of Prosecution Evidence

The prosecution’s role is to prove the accused’s guilt beyond a reasonable doubt. To this end, it may summon witnesses, who are first examined by the prosecution (examination-in-chief), then questioned by the defense (cross-examination), and occasionally re-examined by the prosecution to clarify points raised during cross-examination. This process is governed by Section 137 of the Bharatiya Sakshya Adhiniyam (BSA), 2023. The prosecution may also adduce documentary or physical evidence before the court. Re-examination is limited to explaining or clarifying issues that arose during cross-examination and cannot introduce entirely new matters.

9. Examination of the Accused

The court questions the accused under Section 313 of the BNSS to explain any evidence on record which appears to implicate them. The statement is not given under oath, and the defense counsel is not permitted to examine the accused at this stage. However, it provides the accused an opportunity to present their side of the story.

10. Presentation of Defense Evidence

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, maintains an accused person’s right to present a defense and to not incriminate themselves, but it does so under different section numbers than the former CrPC. The right of an accused to produce evidence and call witnesses is primarily regulated by Section 266 for warrant cases and Section 286 for summons cases. This allows the accused to formally enter their defense and seek the court’s assistance in compelling witness attendance or the production of documents. The crucial right against self-incrimination is safeguarded by Section 351, which allows the court to examine the accused to explain incriminating evidence without placing them under oath, ensuring compliance with the fundamental constitutional protection under Article 20(3) of the Indian Constitution.

11. Closing Arguments

Under the BNSS, the general provision for oral arguments is now found in Section 352, which allows any party to present concise oral arguments and submit a written memorandum after their evidence is concluded. In a Sessions Court trial, the specific order of arguments is confirmed by Section 257 of the BNSS, which states that the prosecution will sum up their case first, followed by the accused or their advocate, who is entitled to the final reply. This sequence ensures the defense has the last opportunity to address the court.

12. The Judgment

The court then delivers its decision, known as the “judgment,” under Sections 392-406 of the BNSS. This judgment explains the key issues, the court’s decision on each, and the reasons for that decision. If the accused is found guilty, they are given a chance to speak about their sentence before it is announced, as per Section 258(2) of the BNSS.

13. Sentencing

The court determines the appropriate punishment as prescribed in the Bharatiya Nyaya Sanhita (BNS) or other applicable laws. In deciding the sentence, the court considers factors such as the nature and severity of the offense, the circumstances of the offender, prior convictions, and any mitigating or aggravating factors. Punishments may include fines, probation, imprisonment, life imprisonment, or, in the gravest offenses, the death penalty.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 does not consolidate sentencing provisions into a single section but distributes them across several chapters.

• Chapter III (“Powers of Courts”) defines the sentencing powers of various courts, with Section 22 and Section 23 specifying the authority of High Courts, Sessions Judges, and Magistrates.
• For the execution, suspension, remission, and commutation of sentences, including imprisonment and fines, Chapter XXXIV provides the procedural framework.
• Additionally, Chapter XXX is dedicated to the confirmation of death sentences, with Section 407 outlining the mandatory requirement of High Court confirmation before execution. This structure ensures that different aspects of sentencing — from the authority of courts to the final execution of punishments — are comprehensively regulated.

14. Challenging the Decision (Appeals, Revision, Review)

The avenues for challenging a court’s decision are clearly defined under Indian law.

• Appeals are a statutory right for a convicted person to have their case re-examined by a higher court. This process is governed by Chapter XXXI (Sections 413-435) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• The power of revision allows higher courts, namely the High Court and the Sessions Court, to review the proceedings of subordinate courts. This discretionary power, detailed in Chapter XXXII (Sections 436-445) of the BNSS, is used to ensure the legality, propriety, or correctness of an order or finding.
• While the BNSS does not contain a specific provision for a “review” of a criminal judgment, the Supreme Court of India holds a unique constitutional power. Under Article 136 of the Constitution, it can grant special leave to appeal against any judgment or order from any court or tribunal in India, even when no other appeal is available. This extraordinary power is reserved for cases involving a substantial question of law or a significant miscarriage of justice.

15. Carrying Out the Sentence

The final stage of the criminal justice process involves the execution of the sentence as determined by the court. This encompasses various forms of punishment such as imprisonment, the recovery of fines, or the supervision of probation. These procedures are governed by the provisions within Chapter XXXII of the BNSS, which details the rules for warrants, fines, and the suspension, remission, and commutation of sentences. In cases where a death sentence is pronounced by a Sessions Court, it is not executed immediately. Instead, the proceedings must be submitted to the High Court for confirmation under Section 407 of the BNSS before the sentence can be carried out. The High Court’s power to confirm or annul the conviction is detailed in Section 409.