Court procedure for Regular Criminal Trial under BNSS, 2023.

Court procedure for Regular Criminal Trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Stage	Step	Description	Relevant BNSS Section
1. Initiation	Filing of FIR (Cognizable offence)	FIR can be lodged at police station or online (state portal). Mandatory registration for cognizable offences.	Sec. 173
	Filing of Complaint (Non-cognizable offence)	For non-cognizable offences or if FIR is refused, complainant can approach Magistrate.	Sec. 210
	Preliminary Inquiry (in certain cases)	Police may conduct preliminary inquiry before FIR in cases like matrimonial disputes, medical negligence, etc.	Proviso to Sec. 173
2. Police Investigation	Investigation Process	Includes site inspection, evidence collection, medical exams, witness statements.	Sec. 175–177
	Arrest of Accused (if needed)	Police may arrest without warrant in cognizable cases.	Sec. 35–60
	Remand Procedure	Accused must be produced before Magistrate within 24 hrs. Police can seek custody (max 15 days at once).	Sec. 187
	Bail Application	Accused may apply for bail: • Sec. 187–193 – Bail for bailable/non-bailable offences.
	Charge Sheet/Closure Report	Police files a final report: • Charge sheet (sufficient evidence) • Closure report (no evidence)	Sec. 193
3. Pre-Trial before Magistrate	Cognizance by Magistrate	Court takes cognizance of the offence after police report/complaint.	Sec. 210–213
	Process Issued to Accused	Court issues summons or warrant depending on gravity of offence.	Sec. 285
	Appearance of Accused	Accused appears in court. Bail may be re-applied.
	Supply of Documents	Accused is given copies of charge sheet, witness statements, etc.	Sec. 230
	Committal to Sessions Court (for serious cases)	If offence is triable by Sessions Court (e.g., murder, rape), Magistrate commits case.	Sec. 232
4. Framing of Charges	Charge Framing (Sessions/Warrant Trial)	Judge frames charge(s) if prima facie case is made out. Accused asked to plead guilty or not.	Sec. 251 (Sessions), Sec. 258 (Magistrate)
5. Trial Stage	Prosecution Evidence	Witnesses examined by prosecution (examination-in-chief), cross-examined by defence.	Sec. 263–265
	Statement of Accused	Accused is examined without oath to explain circumstances (not under pressure).	Sec. 287
	Defence Evidence (if any)	Accused can call own witnesses or submit documents.	Sec. 266
6. Final Stage	Final Arguments	Both sides present oral and written arguments.	Sec. 288
	Judgment	Court delivers a reasoned judgment: acquittal or conviction.	Sec. 289
	Sentencing	If convicted, court hears accused on sentence and passes suitable sentence.	Sec. 290–291
7. Post-Trial	Appeal	Accused/complainant may file appeal in higher court.	Sec. 414–423
	Revision	High Court or Sessions Court can revise any decision if injustice is found.	Sec. 424–427
	Execution of Sentence	Sentence is executed unless suspended by appellate court.	Sec. 392–396

Notes:

• Cognizable offence: Police can arrest without Magistrate's permission (e.g., murder, rape).
• Non-cognizable offence: Police needs Magistrate’s permission to investigate/arrest (e.g., defamation).
• Bail is allowed at multiple stages under different sections (bailable or non-bailable).
• Charge sheet must be filed within 60 days or 90 days depending on the maximum punishment of the offence.

Trial Types under BNSS:

Trial Type	When Applicable	Relevant Sections
Sessions Trial	Serious offences (punishment > 7 years)	Sec. 250–262
Warrant Trial	Offences punishable > 2 years but not triable by Sessions Court	Sec. 258–269
Summons Trial	Offences punishable with ≤ 2 years	Sec. 270–277
Summary Trial	Petty offences (max sentence 3 months)	Sec. 280–288