Stages of Criminal Trial Under BNSS 2023 : A Step-by-Step Guide to India’s Criminal Justice System

“A trial isn’t just a courtroom drama—it’s a roadmap of justice. But how many of us actually know the steps involved?”

The Bhartiya Nagarik Suraksha Sanhita (BNSS), India’s new criminal procedure law, lays down the roadmap—from the first phone call to the police all the way to final judgment in court. It’s more modern, more digital, and more victim-friendly than before.

In this article, we break down the Stages of Criminal Trial , step by step—starting with the FIR, then moving through investigation, court proceedings, and finally, judgment and appeals. Whether you’re a student, a legal enthusiast, or just curious about how the Indian justice system works, this guide makes it easy to understand.

Step 1: Filing an FIR – The Beginning of a Criminal Case

Everything starts with an FIR (First Information Report). It’s the official report that lets the police know a serious (cognizable) crime may have occurred—like murder, rape, or kidnapping. Once the FIR is registered, the police can begin their investigation without needing a court order or warrant.

How Can You File an FIR?

Under Section 173 of BNSS, an FIR can be:

• Oral – Police must write it down, read it back to you, and get your signature.
• Written – You can submit a written complaint directly.
• Electronic – You can file it via phone, email, or official police websites.
• Zero FIR – You can report the crime at any police station, even if it’s outside the station’s area. That station must register it and transfer it to the correct one.

✅ A free copy of the FIR must be given to the informant.

E-FIR and Zero FIR: Making the System More Accessible

Two important updates in BNSS:

• E-FIR: You can file a report online. But you’ll need to physically sign it within 3 days to make it official.
• Zero FIR: Even if a crime didn’t happen in your area, you can file it anywhere—and the police will forward it to the correct station.

These provisions make it easier for victims to report crimes quickly, regardless of where they are or whether they can visit a police station in person.

Protection for Vulnerable Victims

If the crime involves women, or physically or mentally disabled persons, BNSS includes special safeguards:

• The report must be recorded by a woman police officer or any female officer.
• It can be done at the victim’s home or any place that’s more comfortable for them.
• Video recording is required for accuracy.
• A Judicial Magistrate must record the victim’s statement as soon as possible.

If needed, an interpreter or special educator will assist during the process.

Preliminary Enquiry – A Filter Before Full Investigation

BNSS introduces a new step for certain cases: the Preliminary Enquiry.

📌 When is it needed?

Under Section 173(3), a preliminary enquiry is required for crimes punishable with 3 to 7 years of imprisonment. This acts as a filter to see if the case is serious enough for full investigation.

📌 Who authorizes it?

It must be approved by a senior officer—not below the rank of DSP or SDPO (Deputy Superintendent/Sub-Divisional Police Officer).

📌 Timeline:

• The enquiry must be completed within 14 days.
• If it shows that a cognizable offense exists, the police can begin full investigation immediately.
• The SDPO must review the report and give a final decision within the same 14-day window.

This step helps ensure that only valid cases proceed, preventing unnecessary investigations and reducing police burden.

What If Police Refuse to Register an FIR?

Don’t worry—BNSS offers remedies. If FIR isn’t registered:

1. Approach the SP or DCP
   1. Under Section 173(4), you can send your complaint to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
   1. If they agree that a cognizable offense has taken place, they’ll either investigate it themselves or assign someone to do so.
2. Still no action? Go to a Magistrate
   1. Under Section 175(3), you can file your complaint directly with a Judicial Magistrate.
   1. If the Magistrate is convinced a crime occurred, they can order the police to register the FIR and start the investigation.

Step 2. Police Investigation: From Clues to Case-Building

Once an FIR is registered, the police begin their job of investigating the crime. This is where the real groundwork happens—gathering evidence, identifying suspects, and making arrests, if needed.

🧪 Evidence Collection: Physical, Forensic, and Digital

The investigation officially begins with collecting all kinds of evidence—witness statements, material objects, digital data, and forensic samples.

A major shift under the BNSS is the mandatory use of forensic investigation in serious crimes punishable with seven years or more of imprisonment. For such offenses:

• Forensic experts must visit the crime scene to collect evidence.
• The whole process is to be video recorded—often using smartphones or electronic devices.
• If a state lacks a forensic lab, it must use facilities in another state to ensure evidence isn’t compromised.

The BNSS also embraces the digital age by allowing electronic modes for all stages—investigation, inquiry, and trial. Police can now present electronic devices like phones or computers as potential sources of evidence.

Sample collection has been expanded too. Along with signatures and handwriting, police can now collect:

• Fingerprints
• Voice samples

And here’s the kicker: even people who haven’t been arrested can be asked to provide these samples.

Arrest and Custody: When and How It Happens

Arrest procedures are explained in Chapter V of the BNSS (Sections 35 to 62). But here’s the big change: Arrest is no longer automatic—especially for offenses punishable by up to seven years.

The Investigating Officer (IO) must evaluate whether arrest is truly necessary. Reasons to arrest may include:

• Preventing the accused from committing another crime
• Protecting the investigation from tampering
• Ensuring the person shows up in court

If arrest isn’t necessary, the police can issue a notice under Section 35(3)—informing the person to comply with specific conditions.

For Serious Crimes (More than 7 Years of Imprisonment)

Here, arrest can be made—but only after the police record their satisfaction that the accused has indeed committed the crime.

Special Protection for Elderly or Infirm

If the person is over 60 years of age or physically infirm, and the crime is punishable with less than 3 years, then police must first get approval from a DySP, SDPO, or ACP before making an arrest.

Police Custody: A New 15-Day Rule

The BNSS introduces a flexible custody rule:

• Police can get 15 days of custody, but not necessarily all at once.
• This can be taken in parts—any time during the first 40 or 60 days of the total judicial custody period (60 or 90 days depending on the case).

This is a departure from the earlier CrPC practice, where the first 15 days of remand was the only window for police custody. While this offers the police more time for thorough investigation, it also raises concerns about extended detention periods and delayed bail.

Medical Examination: Easier Access for Police

BNSS simplifies the process of medical examination of accused persons, especially in sensitive cases like rape. Now, any police officer can request the examination. Earlier, this could only be done by a Sub-Inspector or above.

🕒 Timelines You Should Know

BNSS puts strict deadlines in place to avoid unnecessary delays:

• Doctors must submit reports in rape cases within 7 days of the examination.
• Victims or informants must be informed of the investigation status within 90 days—and this can be done through email or other electronic means.

Step 3. Conclusion of Investigation: The Police Report

Once all the evidence is gathered and the investigation is complete, the police must submit a report to the magistrate. This report is called either a charge sheet or a final report, depending on the outcome of the investigation.

📆 Deadlines for Filing Charge Sheets

The BNSS sets clear timelines to ensure speed and accountability:

• 90 days: For crimes punishable by death, life imprisonment, or 10+ years.
• 60 days: For other offenses, especially those between 3 to 10 years.
• 60 days: For specific POCSO cases (Sections 4, 6, 8 & 10), counted from the FIR date—regardless of whether the accused is in custody or not.

“⚖️If the charge sheet isn’t filed within these timelines and the accused is still in custody; they gain the right to default bail—a powerful legal safeguard to prevent prolonged detention.”

If the Investigating Officer expects a delay, they must get permission from the SP at least seven days before the deadline.

Types of Police Reports Under BNSS

Depending on the investigation’s findings, different types of reports may be filed under Section 193:

1. Charge Sheet (Final Form): Filed when there’s enough evidence to go to trial. It includes:
   1. FIR copy
   1. List of charges
   1. Witness statements
   1. Seizure records (panchnamas)
   1. Documents and digital evidence
   1. List of witnesses and items seized
2. Closure Report (Section 189): Filed when there’s no evidence against the accused, or the complaint appears baseless.
3. Cancellation Report: Filed when it’s clear that no offense has actually been committed.
4. Untraced Report: Submitted when the accused cannot be found despite efforts.

📌 Note: The court isn’t bound to accept these findings. If the magistrate believes more investigation is needed, they can order further investigation.

Required Documents & Digital Format

Under Section 193(6), the police must include all supporting documents with the report. These must be:

• Originals or certified copies
• Medical reports, if any
• Properly scanned and indexed
• Compiled into a single read-only PDF with digital signatures
• Named after the case number and court taking cognizance

The entire report is uploaded to official servers (like e-SAKSHYA) for secure storage. A separate note must include:

• Name and designation of the Investigating Officer
• Details of the device used for upload
• Upload time, date, and location

Step 4. Court Proceedings: The Trial Begins

Once the police complete their investigation and file a charge sheet, the case enters the judicial phase. Here, the court takes over to determine whether the accused is guilty or innocent.

💡 Did you know?

A Sessions Court must frame charges within 60 days—delays can be challenged in higher courts

Cognizance by Magistrate

Under Section 210(1)(b) of BNSS, the Magistrate first takes cognizance—that is, officially recognizes the case. The court examines the police report and checks if there’s enough material to move forward. If not, the complaint may be dismissed.

The Magistrate can quash cognizance in certain situations:

• If the FIR or complaint doesn’t indicate a crime even on the surface
• If the allegations are vague, absurd, or unlikely to be true
• If no cognizable offense is disclosed

If cognizance is taken, the Magistrate issues a summons or warrant under Section 227, and instructs the police to provide a copy of the charge sheet to the accused (Section 230).

Committal to Sessions Court

For serious crimes that are triable only by a Sessions Court, the Magistrate must commit the case to that court.

• This committal should happen within 90 days from the date of taking cognizance.
• It can be extended up to 180 days, but the Magistrate must record the reason in writing (Section 232 BNSS).

Framing of Charges

This stage is crucial. The court frames charges to inform the accused of the specific offense they are alleged to have committed. This is were the Trial actually begins on paper…

• In Sessions cases, this happens under Section 252 BNSS.
• In Warrant cases, the relevant sections are 263 and 269.
• The accused can also file for discharge under Section 250 within 60 days of the case being committed to Sessions Court, claiming the charges are baseless.

If the discharge plea is rejected, the court frames charges in writing, stating:

• The name of the offense
• The law and section invoked
• A clear explanation in the court’s language, translated if needed

The accused is then asked whether they plead guilty or not guilty.

The court only proceeds to trial if there’s enough material creating a grave suspicion or a prima facie case against the accused.

Plea of Guilty

After hearing the charges, the accused is given a chance to plead guilty. If they do, the judge may directly proceed to conviction, based on the admission.

Prosecution’s Turn: Evidence & Cross-Examination

If the accused pleads not guilty, the trial begins.

The prosecution presents its case first, which includes:

• Examination-in-chief of prosecution witnesses
• Cross-examination by the defense to challenge their credibility

All evidence must meet standards under the Indian Evidence Act.

Statement of the Accused

Under Section 313 of CrPC (to be similarly reflected in BNSS), the accused is asked to explain their side. This isn’t under oath, but the statement can be used against them during the trial.

Defense Evidence

If the accused isn’t acquitted after the prosecution presents its case, they can then submit evidence in their defense—both oral and documentary—again, in line with the Indian Evidence Act.

Final Arguments

After all evidence is presented, both the prosecution and defense summarize their case. Each side highlights their strongest points, addresses the weaknesses in the opponent’s case, and makes final submissions before the court.

🧾 Judgment: Guilty or Not Guilty?

Once arguments are over, the judge delivers the verdict—either:

• Acquittal (not guilty), or
• Conviction (guilty)

BNSS requires the judgment to be pronounced within 30 days of the final arguments. This period can be extended to 60 days, if needed.

If convicted, the judge decides on sentencing.

Sentencing and Probation

On conviction, the judge announces the punishment, but the law also provides room for probation in certain cases:

• Offenders under 21 years of age
• Women offenders
• Crimes not punishable by death or life imprisonment, or where punishment is limited to fine or up to 7 years

🚨 Trial in Absence of Proclaimed Offender

One major change under BNSS: If the accused has absconded to avoid trial, and there’s no hope of arresting them soon, the court can conduct the trial and deliver the judgment in their absence.

This helps prevent cases from being stalled just because the accused refuses to appear.

Step 5. Post-Judgment Remedies: What Happens After the Verdict?

Even after the court gives its verdict—whether it’s acquittal or conviction—the case may not be fully over. Both sides still have legal options to challenge the decision.

If the accused is acquitted, the prosecution has the right to appeal the judgment if they believe the verdict was incorrect or unjust.

If the accused is convicted, they too can appeal the conviction, typically under provisions similar to Section 374 of the earlier Criminal Procedure Code (CrPC).

These post-judgment remedies are a critical part of the justice system, ensuring that any error in judgment can still be reviewed by a higher court.

Conclusion: A Justice System That’s Clearer, Quicker, and Smarter

The BNSS aims to make justice more accessible, accountable, and efficient—without losing sight of fairness. From e-FIRs and digital evidence to forensic-led investigations and time-bound trials, every stage of the criminal trial process is now more structured and transparent.

But most importantly, BNSS balances victims’ rights, accused protections, and court efficiency. Whether you’re reporting a crime or defending yourself in court, the law now offers clearer steps, firmer timelines, and smarter safeguards.

Understanding this process isn’t just for lawyers—it empowers every citizen. Because justice works best when everyone knows how it works.

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References

B&B Associates LLP. (2019, July 30). Stages of Criminal Trial in India – B&B Associates LLP. https://bnblegal.com/article/stages-of-criminal-trial-in-india/

Pushkraj Deshpande, & Yohaan Abraham. (2024a, June 25). Overview of Criminal Investigations and Trials under BNSS, BNS, BSA – Part I. Bar And Bench – Indian Legal News. https://www.barandbench.com/view-point/overview-criminal-investigations-trials-bnss-bns-bsa-part-i

Pushkraj Deshpande, & Yohaan Abraham. (2024b, June 28). Overview of criminal investigations and trials under BNSS, BNS, BSA – Part II. Bar And Bench – Indian Legal News. https://www.barandbench.com/view-point/overview-criminal-investigations-and-trials-bnss-bns-bsa-part-ii

The Bhartiya Nagarik Suraksha Sanhita, 2023. (n.d.). PRS Legislative Research. https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023

Frequently Asked Questions (FAQs) on Stages of Criminal Trial in India