Stages of a Criminal Trial under BNSS 2023

On 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC) as India’s primary criminal procedure law. While the basic stages of a criminal trial remain broadly similar, the BNSS introduces new section numbers, statutory timelines, and greater use of technology in criminal proceedings.

A key issue is determining whether the BNSS or CrPC applies to a criminal case. The date of the offence is crucial. Offences committed on or before 30 June 2024 continue to be investigated and tried under the CrPC, while offences committed on or after 1 July 2024 are governed by the BNSS, subject to the applicable transitional provisions. As a result, both the CrPC and BNSS continue to operate in courts for different categories of cases.

Understanding this distinction is essential when examining the stages of criminal trial under BNSS 2023, including FIR registration, investigation, arrest, remand, filing of the police report, cognizance, framing of charges, evidence, examination of the accused, arguments, judgment, appeal and revision.

Stages of a Criminal Trial under BNSS 2023

Stage 1: Information and Registration

An offence enters the system through information given to the police. Section 173 of the BNSS — which replaced Section 154 CrPC — governs information in cognizable cases.

Two changes are substantial. Zero FIR now has statutory recognition: information may be recorded at any police station irrespective of the area where the offence was committed, and transferred to the police station having jurisdiction. And information may be given by electronic means, subject to the conditions the section imposes, including signature within the period prescribed.

The section also introduces a preliminary enquiry in a defined band of cases: for offences punishable with three years or more but less than seven years, the officer may, with prior permission of an officer of the prescribed rank, conduct a preliminary enquiry within fourteen days to ascertain whether a prima facie case exists.

Stage 2: Investigation

The police investigate, record statements, collect documents, and where necessary conduct searches and seizures.

Arrest is governed by Section 35 (formerly Section 41 CrPC), which retains the requirement of notice of appearance in the categories it specifies. Section 43(3) introduces express restrictions on the use of handcuffs, permitting them only in the circumstances listed.

Section 58 requires production before a Magistrate within twenty-four hours of arrest, excluding journey time — the statutory expression of the Article 22 guarantee.

Forensic investigation is mandatory for offences punishable with seven years or more, in the manner the Sanhita prescribes, including videography of the collection of evidence at the scene.

The investigating officer must inform the informant or victim of the progress of the investigation within ninety days, in the manner prescribed.

Stage 3: Remand and Custody

Section 187 replaced Section 167 CrPC. It retains the framework of judicial and police custody, and the outer limits of detention pending investigation, on the expiry of which the accused becomes entitled to release on bail — the entitlement commonly called default bail.

The significant change concerns police custody. Under the CrPC, police custody could ordinarily be sought only within the first fifteen days from arrest. Under Section 187 the fifteen days of police custody may be sought in parts, spread across the initial period of detention that the section specifies. This is one of the more consequential departures from prior practice, and it changes the assumption that an accused is beyond interrogation after the first fortnight.

Stage 4: The Police Report

On completion of investigation the police file a report — the charge sheet — under Section 193 (formerly Section 173 CrPC). Where the investigation is not completed within the period prescribed, the default bail entitlement arises.

The report is accompanied by the documents and statements on which the prosecution relies, and the Sanhita requires supply of copies to the accused within the period it prescribes.

Stage 5: Cognizance and Commitment

The Magistrate takes cognizance under Section 210 (formerly Section 190 CrPC), on a police report, on a complaint, or on information received.

Where the offence is triable exclusively by the Court of Session, the Magistrate commits the case to that Court.

Stage 6: Charge

In a sessions trial, the Court hears the prosecution and the accused and either discharges the accused or frames a charge. The Sanhita imposes a timeline at this stage: the accused may move for discharge within the period prescribed, and charges are to be framed within the period the Sanhita specifies from the date of first hearing on charge.

Corresponding provisions govern warrant cases tried by Magistrates. In summons cases, no formal charge is framed; the substance of the accusation is stated to the accused, who is asked whether he pleads guilty.

Stage 7: Prosecution Evidence

The prosecution examines its witnesses, who are cross-examined by the defence. Documents are exhibited and proved in accordance with the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act, 1872 on the same date.

The Sanhita provides extensively for audio-video electronic means — for recording of statements, for the examination of witnesses, and for the conduct of proceedings — which has become a routine feature of trial practice rather than an exception.

Stage 8: Examination of the Accused

After the prosecution evidence, the court questions the accused on the circumstances appearing against him, so that he may explain them personally. The provision corresponds to Section 313 CrPC and is renumbered in the BNSS.

Stage 9: Defence Evidence and Arguments

The accused may lead evidence, though he is not obliged to. Both sides then address arguments.

Stage 10: Judgment

The court delivers judgment — acquittal, or conviction followed by a hearing on sentence. The Sanhita requires judgment to be pronounced within the period it prescribes after the conclusion of arguments, and further prescribes periods within which a copy is to be supplied to the accused.

Stage 11: Appeal and Revision

Appeals lie in accordance with the Sanhita’s provisions, and the High Court’s revisional and inherent powers are available — the inherent power that stood in Section 482 CrPC is now Section 528 BNSS.

The Timelines that Are Genuinely New

The BNSS is notable less for what it renumbers than for what it schedules. Statutory periods now attach to preliminary enquiry, supply of documents, framing of charge, informing the victim of investigation progress, and pronouncement of judgment. Trial in absentia of proclaimed offenders is expressly provided for, as is a defined procedure and timeline for mercy petitions in capital cases.

How far these timelines are enforced in practice, and with what consequence for non-compliance, remains a developing question before the High Courts.

The Practical Caution

Because two procedural codes now operate side by side, the single most common drafting error is citing the wrong one. The convention that has settled in practice is to cite the BNSS provision first, with the corresponding CrPC section in parentheses where it assists — and to verify, before drafting anything, whether the offence date falls before or after 1 July 2024.

Frequently Asked Questions

1. When did the BNSS replace the CrPC?
The BNSS came into force on 1 July 2024, replacing the CrPC.

2. Which law applies to an offence committed before 1 July 2024?
Generally, the CrPC applies to offences committed on or before 30 June 2024.

3. Which law applies to offences committed after 1 July 2024?
The BNSS, 2023 generally applies to offences committed on or after 1 July 2024.

4. What are the main stages of a criminal trial under BNSS?
They include FIR registration, investigation, remand, charge sheet, cognizance, framing of charge, evidence, arguments, judgment and appeal.

5. Does the BNSS introduce new timelines?
Yes. The BNSS prescribes timelines for several stages, including investigation-related steps, supply of documents, framing of charges and pronouncement of judgment.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, rules, notifications or judicial developments. The BNSS is recent legislation and its interpretation is still developing before the High Courts and the Supreme Court. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Readers dealing with an actual matter should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here. Statutory provisions, notified figures, rules and case citations referred to in this article have been compiled from published legal materials and may contain errors or omissions, and may have changed since the date stated; no representation or warranty, express or implied, is given as to their accuracy, completeness or currency, and each should be independently verified against the official text or the official record before being relied upon. No liability is accepted for any loss arising from reliance on this article.

Sources / Authorities

• Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024 — Sections 35, 43, 58, 173, 187, 193, 210, 528 and the provisions governing charge, trial, judgment and appeal — India Code, https://www.indiacode.nic.in
• Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)
• Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)
• Code of Criminal Procedure, 1973 — for offences committed on or before 30 June 2024
• Constitution of India, Articles 20, 21 and 22