Stages of a criminal trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- FIR
First Information Report is lodged to start the criminal case. - Investigation Commences (Sec 176)
Police begin investigating the case after the FIR. - Remand (if needed) (Sec 187)
If needed, the accused may be taken into police or judicial custody during investigation. - Chargesheet Filed in Magistrate Court (Sec 193(2))
Police submit the final report (chargesheet) to the Magistrate if there is evidence. - Cognizance by Magistrate (Sec 210(1)(b))
The Magistrate officially takes note of the offence. - Summons/Warrants Issued (Sec 227)
Court may summon or issue a warrant against the accused. - Police Report Supplied to Accused (Sec 230)
A copy of the chargesheet is given to the accused. - Committal to Sessions Court (if applicable) (Sec 232)
If the offence is serious, the Magistrate transfers the case to the Sessions Court. - Discharge (Sessions) (Sec 250)
The court may discharge the accused if there’s no sufficient evidence. - Framing of Charge (Sessions) (Sec 251)
If there is evidence, charges are formally framed against the accused. - Plea Before Sessions Court (Sec 252)
Accused is asked whether they plead guilty or not. - Prosecution Evidence (Sessions) (Sec 254)
Prosecution presents its witnesses and evidence. - Closing Purshis
Prosecution closes its case after presenting all evidence. - Accused’s Further Statement (Sec 351)
Accused is given a chance to explain their side or respond to the evidence. - Defense Evidence (Sessions) (Sec 256)
Accused can present their own witnesses and evidence. - Arguments (Prosecution & Defense) (Sec 257)
Both sides argue their case before the court.
