BNSS: Cognizance, Charge, Trial, Judgment and Appeals — Judicial Services

Weightage: This is the second half of the criminal process, and it is the heart of the Judgment Writing paper's criminal part. Section numbers follow the commonly published CrPC-to-BNSS tables with the CrPC section in brackets, and timelines have been tightened, so confirm each against the Bare Act before you quote it.

1. The stages after investigation

After the police report, the court moves through cognizance, process, charge, trial, judgment and sentence. A court can only take the next step if the earlier one was valid, which makes the order of the stages a frequent exam question.

2. Cognizance: Section 210

BNSS 210 (CrPC 190): a Magistrate may take cognizance of an offence on a complaint, on a police report, on information from any person other than a police officer, or on his own knowledge.

• Cognizance means judicial notice of the offence with a view to proceeding, and it is not the same as a police report.
• The trial court decides whether the facts disclose an offence, and sanction may be needed, such as for a public servant (Section 218, CrPC 197) or for certain offences against the State.

3. Complaints: Sections 223 to 227

• Section 223 (CrPC 200): a Magistrate taking cognizance on a complaint examines the complainant and witnesses on oath. The BNSS adds that the accused must be given an opportunity of being heard before cognizance is taken on a complaint.
• Section 226 (CrPC 203): dismissal if there is no sufficient ground to proceed.
• Section 227 (CrPC 204): issue of process, by summons or a warrant, if there is sufficient ground.
• Limitation for cognizance (Sections 514 to 519, CrPC 467 to 473): six months where the offence is punishable with fine only, one year where imprisonment up to a year, three years where imprisonment above one year but not above three, and no limit for offences punishable with more.

4. Charge: contents and joinder

A charge states the offence, the law and section, and the time, place and person (Section 234, CrPC 211). Separate charges are framed for distinct offences (Section 242, CrPC 218), but up to three offences of the same kind within twelve months may be tried together. A court may alter or add a charge at any time before judgment (Section 239, CrPC 216), and the accused gets a chance to meet the new charge.

An error in a charge does not vitiate the trial unless it actually caused failure of justice (BNSS provisions equivalent to CrPC 215 and 464).

5. Discharge and charge in a sessions trial

On committal, the Sessions Judge hears the prosecutor and the accused and decides whether to discharge or frame a charge.

• Section 250 (CrPC 227): the accused may apply for discharge within 60 days of committal. The judge discharges him if there is no sufficient ground for proceeding.
• Section 251 (CrPC 228): if there is ground for presuming an offence, the judge frames the charge. The BNSS requires the charge to be framed within 60 days of the first hearing on charge.

At this stage, the court asks only whether there is a strong suspicion, and does not weigh the evidence as at trial.

6. The four kinds of trial

In each, the evidence is taken in the presence of the accused (Section 308, CrPC 273) or his pleader, and the accused is examined on the incriminating circumstances (Section 351, CrPC 313) without oath.

7. Conduct of the trial

• Section 346 (CrPC 309): the trial is day to day. No adjournment at a party's request except for circumstances beyond control, and at most two adjournments, with reasons recorded.
• Section 356: trial in absentia of a proclaimed offender, after reasonable steps, to avoid stalling a trial by absconding.
• Section 530: trials, inquiries and proceedings, including summons, examination of witnesses and appeals, may be held in electronic mode.

8. Plea bargaining and compounding

Sections 289 to 300 (CrPC 265A to 265L) allow plea bargaining where the offence is punishable with less than seven years, does not affect the socio-economic condition of the country and is not against a woman or a child under fourteen. The accused applies within 30 days of the framing of the charge, and the court holds a meeting to work out a mutually satisfactory disposition. A reduced sentence is available.

Section 359 (CrPC 320): compounding of listed offences with or without the court's permission, and Section 360 (CrPC 321): withdrawal from prosecution by the Public Prosecutor with the court's consent.

9. Judgment and sentence

Section 392 (CrPC 353) and Section 258 (CrPC 235) require the judgment to be pronounced within 30 days of the completion of arguments, which may be extended to 45 days for reasons recorded in writing. A judgment must state the points for determination, the decision and the reasons, and the offence and section under which the accused is convicted or acquitted.

On conviction, the accused must be heard on the question of sentence. The Court may order compensation to the victim (Section 395, CrPC 357) and may consider community service for specified petty offences under the BNS.

10. Appeals

Section 413 (CrPC 372): no appeal lies unless the law provides one. The BNSS adds that the victim has a right to appeal against an order of acquittal, a conviction for a lesser offence or inadequate compensation.

• A convicted person may appeal to the court that ordinarily hears appeals from the convicting court.
• A death sentence passed by a Sessions Judge must be confirmed by the High Court (Section 407, CrPC 366).
• An appeal against acquittal by the State follows the prescribed route.

11. Revision and inherent powers

• Section 438 (CrPC 397): the High Court and Sessions Judge may call for records to check the legality, correctness or propriety of an order, but not an interlocutory order.
• Section 528 (CrPC 482): the High Court's inherent powers to give effect to any order, prevent abuse of the process of any court or secure the ends of justice. The categories in State of Haryana v. Bhajan Lal (1992) guide quashing of a frivolous FIR or a proceeding.

12. A problem-answer pattern

A Sessions Judge hears an application to discharge A, where the prosecution relies on a witness whose statement is contradicted by a medical report. Answer in four steps:

1. Section 250: only a prima facie view is taken, without a mini-trial.
2. The court asks whether the material, if unrebutted, would sustain a conviction.
3. A contradiction between a witness and a medical report is a matter for trial, so discharge should be refused.
4. Frame the charge under Section 251 within 60 days of the first hearing on charge.

Common traps judicial exams set here

• Weighing evidence at the stage of charge. A strong suspicion is enough.
• Granting adjournments at will. Section 346 limits them to two for causes beyond a party's control.
• Treating the 30-day judgment limit as flexible. It can be extended only to 45 days, with written reasons.
• Using revision against an interlocutory order. Section 438 bars it.
• Citing CrPC 482 after 1 July 2024. Cite BNSS 528.

Memory aids

• "210 cognizance, 250 discharge, 251 charge, 392 judgment": the main numbers.
• "30 then 45": the judgment clock.
• "Two and two": two adjournments, two years for a summons case.

Summary

Cognizance under BNSS 210 begins the court's role, and a complaint requires examination and a hearing to the accused. A charge is framed or the accused is discharged on a strong-suspicion standard.

Trials may be sessions, warrant, summons or summary, with day-to-day hearing, limits on adjournment, trial in absentia and electronic mode. Judgment follows within 30 days, extendable to 45, and the victim now has an express right of appeal.

Exam protocol

• Cite the BNSS section with the CrPC section.
• State the standard of proof for each stage.
• Compute time limits on the facts.