How a criminal trial runs under the BNSS

Section 2 of the BNSS defines a warrant-case as one relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Every other case is a summons-case. Offences triable exclusively by the Court of Session are committed to that court by the Magistrate.

In a summons-case, Section 274 of the BNSS requires the Magistrate to state the particulars of the offence to the accused and ask whether he pleads guilty or has any defence. No formal charge is framed. If the Magistrate considers the accusation groundless, he must record reasons and release the accused, and the release has the effect of a discharge.

In a case on a police report, Section 230 of the BNSS (formerly Section 207 of the CrPC) requires the Magistrate to furnish copies of the police report and documents to the accused, and to the victim if represented by an advocate, free of cost and within fourteen days from the production or appearance of the accused.

For sessions cases, Section 232 of the BNSS (formerly Section 209 of the CrPC) requires committal proceedings to be completed within ninety days from the date of taking cognizance, extendable by the Magistrate to not more than one hundred and eighty days for recorded reasons. Applications filed before the Magistrate by the accused or the victim are forwarded to the Court of Session with the committal.

In a sessions trial, Section 250 of the BNSS (formerly Section 227 of the CrPC) lets the accused apply for discharge within sixty days from the date of commitment. The Judge discharges the accused, with reasons, if the record and documents do not show sufficient ground for proceeding. If there is ground for presuming that the accused committed an offence triable exclusively by the Court of Session, Section 251 requires the charge to be framed in writing within sixty days from the first hearing on charge.

In a warrant-case on a police report before a Magistrate, the discharge application under Section 262 (formerly Section 239 of the CrPC) must be made within sixty days from the supply of copies under Section 230, and Section 263 requires the charge within sixty days from the first hearing on charge. The charge is read and explained, and the accused is asked whether he pleads guilty or claims to be tried.

In the Court of Session the prosecution is conducted by a Public Prosecutor (Section 248). Prosecution witnesses are examined and then cross-examined by the defence. Section 346 of the BNSS (formerly Section 309 of the CrPC) requires the trial to continue from day to day once witnesses are in attendance. No adjournment is granted at a party's request unless the circumstances are beyond its control, and then not more than two. An advocate being busy in another court is not a ground.

Electronic records are governed by Sections 62 and 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Section 63 corresponds to Section 65B of the Indian Evidence Act, 1872 and requires a certificate in the form specified in the Schedule, signed by the person in charge of the device or the relevant activities and by an expert. In Arjun Panditrao Khotkar the Supreme Court held that the Section 65B certificate is a condition precedent to admissibility and that oral evidence cannot replace it. In Pooranmal v. State of Rajasthan (2026) the Court applied that rule, referring to Section 63 of the BSA, and held call detail records inadmissible because the certificate was not proved.

After the prosecution witnesses are examined and before the accused is called on for his defence, Section 351 of the BNSS (formerly Section 313 of the CrPC) requires the court to question him generally on the case, so that he can personally explain the circumstances appearing against him. No oath is administered, he cannot be punished for refusing to answer, and his answers may be taken into consideration. Section 351(5) now allows the court to take help from the prosecutor and defence counsel in preparing questions and to accept a written statement from the accused as sufficient compliance.

In Vijayakumar v. State of Tamil Nadu (2026) the Supreme Court repeated that this examination is not an idle formality: each incriminating circumstance must be put to the accused so that he has a chance to explain it. The accused may then lead defence evidence.

After arguments in a sessions trial, Section 258 of the BNSS requires the Judge to give judgment as soon as possible, within thirty days from the completion of arguments, extendable to forty-five days for reasons recorded in writing. If the accused is convicted, the Judge must hear him on the question of sentence before passing sentence, unless the case is dealt with under Section 401. The result can be challenged on appeal; see our guide on appeals and revisions.