Commencement of Proceedings before Magistrate

The journey of a criminal case from investigation to trial begins with the Magistrate's involvement. The BNSS outlines the initial steps that set the judicial process in motion.

Taking Cognizance (Section 190 BNSS)

Cognizance is the stage where a Magistrate applies their judicial mind to the facts presented and decides to proceed with the case. Section 190 of BNSS details the ways a Magistrate can take cognizance:

• Upon Complaint: When a Magistrate receives a complaint of facts that constitute an offence.

• Upon Police Report: On receiving a report in writing of such facts made by any police officer (commonly known as a charge sheet or final report).

• Upon Information from Other Sources: Upon information received from any person other than a police officer, or upon his own knowledge, that an offence has been committed.

Once cognizance is taken, the Magistrate can proceed to issue process (summons or warrant) against the accused.

Committal Proceedings (Section 209 BNSS)

For offences triable exclusively by the Court of Session, the Magistrate's role shifts from taking cognizance to committing the case to the Court of Session.

• Purpose: Section 209 BNSS mandates that when a case instituted otherwise than on a police report is triable by the Court of Session, the Magistrate shall commit the case to the Court of Session as soon as he has taken cognizance of the offence.

• Procedure: The Magistrate ensures that the accused has been furnished with copies of relevant documents (police report, statements, etc.) and then commits the case to the Court of Session for trial. This process expedites the commencement of trial in serious cases.

• Trial Without Committal: BNSS, in Section 211, introduces an amendment for trial without committal proceedings for cases triable by Court of Session.

Framing of Charge

Once a case is committed to trial or directly taken cognizance by a Magistrate for certain cases, the formal accusation against the accused is framed as a charge.

Section 211 BNSS

• Content of Charge: Section 211 BNSS specifies that every charge shall contain such particulars as to the time and place of the alleged offence, and the person, if any, against whom, or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

• Wording of Charge: The law requires that the charge shall be written in ordinary language, or in a manner referring to the relevant section of the law. It should state the offence with which the accused is charged.

• Joinder of Charges: The section also deals with how multiple offences or different heads of charges can be framed, provided they are based on the same transaction or related series of acts.

• Reading of Charge: After the charge is framed, it must be read and explained to the accused. The accused is then asked whether they plead guilty or have a defence to make.

Pleas of Guilty

The accused has the option to plead guilty to the charge, which can lead to a quicker disposal of the case.

Section 229 BNSS

• Procedure: Section 229 BNSS deals with the plea of guilt in trials before a Court of Session. If the accused pleads guilty to the offence charged, the presiding Judge shall record the plea and may convict him thereon.

• Conviction: Upon pleading guilty, the accused can be convicted without proceeding with the full trial.

• Magistrate's Power: Similar provisions exist for trials before Magistrates (e.g., Section 241 BNSS for summons-cases and Section 238 BNSS for warrant-cases, where if the accused pleads guilty, the Magistrate shall record it and may convict him).

• Sentencing: The court may then proceed to hear the accused on the question of sentence, considering any mitigating factors.

Prosecution Evidence

After the charge is framed and the plea of the accused is recorded, the prosecution presents its evidence to prove the guilt of the accused.

Section 230 BNSS

• Examination of Witnesses: Section 230 BNSS (for Sessions Trial) states that after the charge is read and explained to the accused, and the accused pleads not guilty or claims to be tried or is not competent to plead, the Judge shall fix a date for the examination of witnesses.

• Order of Witnesses: The prosecution shall then produce the witnesses upon whose evidence the charge is founded. The witnesses shall be examined by the prosecutor, and may be cross-examined by the accused or his advocate, and may be re-examined by the prosecutor.

• Discretion to Accused: In trials before Magistrates, Section 238 BNSS (for warrant cases) and Section 240 BNSS (for summons cases) also outline the process where the prosecution presents its evidence after the charge is framed and the accused pleads not guilty.

The prosecution must present evidence to establish all the ingredients of the offence charged beyond a reasonable doubt.

Defence Evidence

Once the prosecution closes its evidence, the accused is given an opportunity to present their defence.

Section 233 BNSS

• Right to Defence: Section 233 BNSS (for Sessions Trial) states that after the close of the prosecution evidence, if the accused is not acquitted, the Court shall call upon the accused to enter on his defence and to produce such evidence as he may be advised.

• Examination of Defence Witnesses: The accused or his advocate may examine any witness produced by the defence, and may also submit to the court the document which he wishes to submit as evidence.

• No Obligation to Testify: The accused is generally not compelled to be a witness. If the accused chooses to testify, they will be examined as a witness for the defence.

• No Right to Rebuttal: Typically, the defence does not have a right to present evidence in rebuttal to the prosecution's evidence in rejoinder, unless permitted by the court.

Judgment and Sentence

After hearing all the evidence and arguments from both sides, the court delivers its judgment and, if the accused is convicted, passes a sentence.

Section 235 BNSS

• Judgment: Section 235 BNSS (for Sessions Trial) states that after hearing the arguments and the points of law (if any), the Judge shall deliver a judgment of conviction or acquittal.

• Two-Stage Trial for Sentence: In cases where the accused is convicted of an offence punishable with death or imprisonment for life, the BNSS (mirroring CrPC) provides for a two-stage trial. After convicting the accused of the offence, the Judge shall hear the accused on the question of the sentence, and also hear the prosecution, and then pass sentence according to law.

• Accused's Statement on Sentence: The accused is given an opportunity to make submissions on the quantum of sentence.

• Pronouncement: The judgment must be pronounced in open court. The court also specifies the reasons for conviction or acquittal.

Cases Triable by Court of Session

The Court of Session is empowered to try more serious criminal offences. These are generally those punishable with imprisonment for life or imprisonment for a term exceeding seven years, or offences exclusively triable by the Court of Session.

• Exclusive Jurisdiction: Offences like murder, culpable homicide amounting to murder, dacoity, etc., are exclusively triable by the Court of Session.

• Committal: Cases committed to the Court of Session by Magistrates after inquiry or framing of charges are presented for trial.

• BNSS Basis: The framework for trials before the Court of Session is primarily laid down in Chapter XIX of BNSS, dealing with the trial of warrant-cases by the Court of Session.

Procedure for Trial

The trial procedure in a Court of Session is a detailed process designed to ensure a fair and thorough examination of evidence.

Commencement of trial

• Appearance of Accused: The accused must appear in court or be brought before it.

• Furnishing Documents: Copies of the documents referred to in Section 207 BNSS (statements, police reports, etc.) must be supplied to the accused.

• Framing of Charge: The Court of Session frames a charge against the accused under Section 211 BNSS, if it is of opinion that there are grounds for presuming that the accused has committed an offence triable by it.

Opening of the case by Prosecution

• Section 226 BNSS: After the charge is framed and the accused pleads not guilty, the prosecutor shall open the case by reading out the charge and stating the facts on which the prosecution relies and may, if they think fit, mention the evidence by which they propose to prove the facts stated.

Examination of Witnesses

• Prosecution Witnesses: The prosecutor shall then examine the witnesses for the prosecution (Section 227 BNSS). Each witness is examined by the prosecutor, cross-examined by the defence, and may be re-examined by the prosecutor.

• Court's Power to Examine: The Court of Session may also examine any witness at any stage of the inquiry or trial. It may also summon any person as a witness, or recall and re-examine any person already examined.

Arguments of Prosecution and Defence

• Prosecution Arguments: After the prosecution evidence is closed, the prosecutor sums up the evidence given and advocates on any points of law raised during the trial.

• Defence Arguments: The accused or his advocate then addresses the court.

• Rejoinder by Prosecution: If the accused or his advocate adduces any evidence or if the accused states that he means to adduce evidence, the prosecutor may in return reply to such evidence or argument. If the accused does not adduce any evidence, the prosecutor shall not be entitled to reply.

Judgment and Sentence

• Section 235 BNSS: After hearing arguments, the Judge shall deliver a judgment of conviction or acquittal.

• Sentencing: If convicted, the Judge hears the accused on the question of sentence and then passes sentence according to law.

Trial Without Committal Proceedings (Section 211 BNSS)

Section 211 BNSS introduces a significant change by allowing for trials without formal committal proceedings in certain cases.

• Purpose: This is a reform aimed at expediting the trial process, especially for cases where the Magistrate has already taken cognizance and the accused has been supplied with all necessary documents.

• Procedure: When the Magistrate has taken cognizance of an offence triable by the Court of Session, and has supplied the accused with the copies of the documents as required by Section 207 BNSS, he may proceed to frame the charge.

• No Separate Committal: Instead of a separate committal inquiry, the Magistrate frames the charge, and the case is then transferred to the Court of Session for trial. This streamlines the process, eliminating the need for the intermediate committal stage which was present in the previous CrPC.

Trial of Warrant Cases by Magistrate

Warrant cases are those offences punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. The trial procedure for these cases is more elaborate than for summons cases.

Procedure (Section 225-237 BNSS)

• Commencement: After the accused appears or is brought before the Magistrate and the charge is framed (Sections 225-228 BNSS).

• Plea of Guilty: If the accused pleads guilty, the Magistrate may convict him (Section 238 BNSS).

• Prosecution Evidence: If the accused does not plead guilty, the Magistrate shall fix a date for the trial. The Magistrate shall then summon all the witnesses in attendance and examine each witness in attendance. The prosecution presents its evidence (Section 229-230 BNSS).

• Examination of Accused: After the examination of prosecution witnesses, the accused shall be examined by the Magistrate (Section 231 BNSS).

• Defence: The accused is then asked to enter his defence and produce evidence (Section 232 BNSS).

• Arguments: After hearing the defence, the Magistrate shall deliver judgment.

• Judgment: The judgment should state the offence, the charge, the plea, the evidence, the finding, and the sentence (if any) (Section 235 BNSS).

The overall procedure is more formal, akin to a Sessions trial, but conducted by a Magistrate.

Trial of Summons Cases by Magistrate

Summons cases relate to offences punishable with imprisonment for a term not exceeding two years. The procedure is simpler and more summary.

Procedure (Section 238-247 BNSS)

• Notice to Accused: The Magistrate shall issue a summons for the attendance of the accused, informing him of the particulars of the offence (Section 238 BNSS).

• Appearance of Accused: When the accused appears or is brought before the Magistrate, the particulars of the offence shall be stated to him, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

• Plea of Guilty: If the accused pleads guilty, the Magistrate shall record the plea and may convict him accordingly (Section 241 BNSS).

• If Not Guilty: If the accused pleads not guilty, the Magistrate shall fix a date for the trial, unless the witnesses are already present. The Magistrate shall then proceed to hear the complainant and his witnesses, and also the accused and his witnesses (Section 240 BNSS).

• Evidence: The Magistrate may summon and examine any witness for the prosecution or for the defence.

• Judgment: After examining the witnesses, the Magistrate shall pronounce judgment.

• Speedy Disposal: The procedure is designed for a quicker disposal of less serious offences.

Summary Trials (Section 250-255 BNSS)

Summary trials are the fastest mode of criminal trials, used for minor offences, where the procedure is significantly curtailed.

Offences triable summarily

• Jurisdiction: Section 250 BNSS specifies the offences that can be tried summarily by a Magistrate of the First Class or by a Metropolitan Magistrate. These are generally offences punishable with imprisonment for a term not exceeding two years, and certain other specified offences (like theft, house-trespass, receiving stolen property, insult, etc.).

• Sentencing Limit: The maximum sentence that can be awarded in a summary trial by a Magistrate of the First Class is a fine up to ₹5,000 (Section 255(1) BNSS).

Procedure for summary trials

• Simplified Procedure: The procedure is much simpler than in warrant or summons cases.

• No Formal Charge: Section 251 BNSS states that in summary trials, there is no need to frame a formal charge. The particulars of the offence are stated to the accused.

• Plea of Guilty: If the accused pleads guilty, the Magistrate records the plea and passes sentence. If not guilty, the Magistrate proceeds to hear the complainant and witnesses.

• Record: The Magistrate records the substance of the evidence, the finding, and the sentence. A formal charge sheet is not required.

• Speed: The entire process is designed for speedy disposal, but fairness is still maintained.