Trial under the BNSS, 2023 Types of Trial, Chapter XIX, Sections 248–260 & Timelines
A trial is where the criminal process finally resolves into conviction or acquittal. The Bharatiya Nagarik Suraksha Sanhita, 2023 keeps the four classical types of trial intact but bolts hard statutory deadlines onto almost every stage — 90 days for committal, 60 days for discharge, 60 days for framing charge, and 30 days for judgment. This post walks the Sessions trial stage by stage.
Meaning of Trial
A trial is the legal process where the court examines evidence, hears witnesses, and makes a determination about the criminal liability of the accused.
The term "trial" is not defined in the BNSS. Judicially it is understood as the stage that begins after the charge is framed and ends in a judgment. Everything before that — investigation, cognizance, committal — is pre-trial.
- Every trial has exactly two possible outcomes: CONVICTION or ACQUITTAL
- Discharge is not an outcome of trial — it happens before the charge is framed, and therefore before the trial has begun
The Four Types of Trial
Figure 1 — The four types of trial, their chapters and their courts
Under Section 283 BNSS, a Magistrate may try summarily offences not punishable with death, life imprisonment, or imprisonment exceeding three years — the CrPC ceiling was only two years. Similarly, petty theft and stolen-property offences can now be tried summarily where the property value does not exceed ₹20,000, raised from a nearly meaningless ₹200 under the CrPC. Note also that no appeal lies against the Magistrate's decision to try a case summarily.
Section 232 — Commitment of the Case to the Court of Sessions
A Sessions Court cannot take a case directly. The route runs Magistrate → police report → cognizance → commitment. A murder case, for instance, is exclusively triable by the Court of Session, so the Magistrate has no power to try it and must send it upward.
Figure 2 — The Section 232 gateway into a Sessions trial
On committal, the Magistrate must:
- Commit the case to the Court of Session, after complying with the requirement of supplying copies of documents to the accused
- Remand the accused to custody until the commitment has been made, subject to the bail provisions
- Send the record of the case and the documents and articles to be produced in evidence
- Notify the Public Prosecutor of the commitment
One, committal proceedings must be completed within 90 days from the date of taking cognizance, extendable by the Magistrate to not exceeding 180 days for reasons recorded in writing. Two, any application filed before the Magistrate by the accused, the victim, or a person authorised by them in a Sessions-triable case must be forwarded to the Court of Session along with the committal — a small but real victim-participation reform.
Chapter XIX — The Sessions Trial, Stage by Stage
Section 248 — Trial to Be Conducted by a Public Prosecutor
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
- A criminal case has two sides — the victim, represented by the State through the Public Prosecutor, and the accused, represented by his own counsel
- The victim does not conduct the prosecution personally; the State does, because a crime is treated as a wrong against society
- If the accused cannot afford a lawyer, one is provided at State expense
Section 249 — Opening of the Case by the Prosecution
When the accused appears or is brought before the court after commitment under Section 232, the prosecutor opens the trial by:
- Describing the charges — explaining the accusations against the accused
- Outlining the evidence — stating what evidence will be used to prove the accused's guilt
This is an opening statement, not evidence. The prosecutor's duty is to place the case fairly before the court, not to secure a conviction at any cost.
Section 250 — Discharge
- Application for discharge: the accused may apply for discharge within 60 days from the date of commitment of the case under Section 232
- Judge's consideration: the judge considers the record of the case and the documents submitted with it, and hears the submissions of both the accused and the prosecution
- Discharge decision: if the judge considers there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons in writing
Discharge (S. 250) comes before the charge is framed; no evidence has been recorded and the trial has not begun. Acquittal (S. 255) comes after prosecution evidence has been taken. The 60-day window is entirely new — the CrPC prescribed no time limit for a discharge application. Courts have treated these timelines as directory rather than mandatory, so an application beyond 60 days is not automatically barred.
Section 251 — Framing of Charge
Judge's decision: after reviewing the case, if the judge is of opinion that there is ground to presume that the accused has committed an offence —
- Offence NOT exclusively triable by the Court of Session: the judge may frame a charge and transfer the case to the Chief Judicial Magistrate or a Judicial Magistrate of the first class, who then tries it following the procedure for a warrant-case instituted on a police report
- Offence exclusively triable by the Court of Session: the judge frames a charge in writing within 60 days from the date of first hearing on charge
Plea of the accused: the charge is then read and explained to the accused — either in person or through electronic means — and he is asked whether he pleads guilty or claims to be tried.
Section 252 — Conviction on Plea of Guilty
- If the accused pleads guilty, the judge shall record the plea
- The judge may, in his discretion, convict him on that plea — conviction is not automatic
The discretion matters. A judge will refuse to act on a plea that is equivocal, made under pressure, or offered without the accused understanding the charge — especially where the offence carries a severe sentence.
Section 253 — Date for Prosecution Evidence
- If the accused does not plead, refuses to plead, or claims to be tried — or is not convicted under Section 252 — the judge fixes a date for the examination of witnesses
- On the application of the prosecution, the judge may issue process to compel the attendance of a witness or the production of a document or thing
Section 254 — Evidence for the Prosecution
- On the date so fixed, the judge records all the evidence produced in support of the prosecution
- Witnesses, including public servants, may give evidence through audio-video electronic means
- The judge may, in his discretion:
- Defer the cross-examination of any witness until other witnesses have been examined
- Recall any witness for further cross-examination where necessary
Section 255 — Acquittal
If, after taking the prosecution evidence, examining the accused and hearing both sides, the judge considers that there is no evidence that the accused committed the offence, he shall record an order of acquittal. This is the stage popularly called the "no evidence" acquittal, and it can end the case without the defence leading any evidence at all.
Section 256 — Entering upon Defence
- If the accused is not acquitted under Section 255, he is called upon to enter on his defence and adduce evidence
- Any written statement put in by the accused shall be filed with the record
Compelling attendance of defence witnesses: if the accused applies for process to compel the attendance of a witness or the production of a document, the judge shall issue it — unless he considers that the application is made for the purpose of vexation or delay or for defeating the ends of justice, in which case he must record his reasons in writing.
Section 257 — Arguments
- After the defence witnesses (if any) are examined, the prosecutor sums up the case
- The accused or his advocate has the right to reply
- If the accused raises any point of law, the prosecution may make submissions on it with the judge's permission
Section 258 — Judgment of Acquittal or Conviction
- After hearing arguments and points of law, the judge shall deliver the judgment within 30 days from the completion of arguments, extendable to 45 days for reasons to be recorded in writing
- If the accused is convicted, the judge shall hear the accused on the question of sentence before passing sentence according to law
Chapter XIX does not stop at 258. Section 259 deals with previous conviction — where the charge alleges a previous conviction and the accused does not admit it, the judge may take evidence on it after convicting him under Section 258. Section 260 prescribes the procedure in cases instituted under sub-section (2) of Section 222, that is, prosecutions for defamation of constitutional functionaries and public servants.
The Master Flowchart — From Commitment to Judgment
Figure 3 — Complete Sessions trial flow, Sections 232 to 258
Every Statutory Deadline in One Place
| Stage | Section | Time Limit | Runs From |
|---|---|---|---|
| Completion of committal proceedings | 232 | 90 days, extendable to 180 days | Date of taking cognizance |
| Application for discharge | 250 | 60 days | Date of commitment under S. 232 |
| Framing of charge (Sessions-triable) | 251 | 60 days | Date of first hearing on charge |
| Framing of charge (warrant-case on police report) | 263 | 60 days | Date of first hearing on charge |
| Delivery of judgment | 258 | 30 days, extendable to 45 days | Completion of arguments |
Sessions Trial — BNSS ↔ Cr.PC Mapping
| Stage | BNSS, 2023 | Cr.PC, 1973 |
|---|---|---|
| Commitment to Court of Session | Section 232 | Section 209 |
| Trial to be conducted by Public Prosecutor | Section 248 | Section 225 |
| Opening case for prosecution | Section 249 | Section 226 |
| Discharge | Section 250 | Section 227 |
| Framing of charge | Section 251 | Section 228 |
| Conviction on plea of guilty | Section 252 | Section 229 |
| Date for prosecution evidence | Section 253 | Section 230 |
| Evidence for prosecution | Section 254 | Section 231 |
| Acquittal | Section 255 | Section 232 |
| Entering upon defence | Section 256 | Section 233 |
| Arguments | Section 257 | Section 234 |
| Judgment of acquittal or conviction | Section 258 | Section 235 |
| Previous conviction | Section 259 | Section 236 |
The BNSS did not redesign the Sessions trial — it put a clock on it. Commitment in ninety days, discharge in sixty, charge in sixty, judgment in thirty. Whether those numbers become real depends less on the statute than on the number of judges sitting to honour it.
— Legacy IAS Faculty
Key Takeaways
- A trial is the process by which the court examines evidence, hears witnesses and determines criminal liability, and ends in only two ways — conviction or acquittal. Discharge is a pre-trial exit, not a trial outcome.
- Four types of trial: Sessions (Ch. XIX, Ss. 248–260) · Warrant (Ch. XX, Ss. 261–273) · Summons (Ch. XXI, Ss. 274–282) · Summary (Ch. XXII, Ss. 283–288).
- A Sessions Court gets a case only through committal under Section 232 — to be completed in 90 days from cognizance, extendable to 180 days, with any application by the accused or victim forwarded along with the committal.
- The sequence to memorise: 248 PP conducts · 249 opening · 250 discharge in 60 days · 251 charge in 60 days · 252 plea of guilt · 253 date fixed · 254 prosecution evidence · 255 acquittal · 256 defence · 257 arguments · 258 judgment.
- Technology now runs through the chapter — the charge may be read and explained through electronic means under Section 251, and witnesses including public servants may depose by audio-video electronic means under Section 254.
- Judgment within 30 days of completion of arguments, extendable to 45 days for written reasons; and on conviction the judge must hear the accused on sentence before passing it.
