Trial Procedures: Sessions & Warrant Cases (BNSS)

In criminal law, the investigation is just the preparation; the Trial is the actual battlefield. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, categorizes trials based on the gravity of the offence.

The two most rigorous and heavily tested trial procedures are the Sessions Trial (for the most heinous crimes) and the Warrant Trial (for serious crimes punishable by more than 2 years).

1. Trial Before a Court of Session (Chapter XIX)

Covering Sections 248 to 260, this procedure is reserved for offences exclusively triable by a Court of Session (e.g., Murder, Rape, Dacoity). A Sessions Court cannot take direct cognizance of a case; it must be “committed” to it by a Magistrate under Section 232 BNSS.

The Core Steps & New BNSS Timelines

• The Prosecutor (Sec 248): Every trial here must be conducted by a Public Prosecutor representing the State.
• Opening the Case (Sec 249): The Prosecutor explains the charges and outlines the evidence they intend to prove.
• Discharge (Sec 250) [🚨 NEW EXAM ALERT]: If the Judge finds insufficient grounds to proceed, the accused is discharged. BNSS Addition: The accused must file the application for discharge within a strict 60 days from the date of committal.
• Framing of Charge (Sec 251) [🚨 NEW EXAM ALERT]: If not discharged, the Judge frames written charges. BNSS Addition: The charge must be framed within 60 days from the first hearing on the charge.
• Audio-Video Integration: Throughout this chapter (especially Section 254 for evidence), the BNSS explicitly states that the accused’s presence and witness depositions can be recorded via audio-video electronic means.

Visualizing the Sessions Trial

flowchart TD
    A["Committal to Sessions Court"] --> B["Prosecutor Opens Case (Sec 249)"]
    B --> C{"Are there sufficient grounds?"}
    
    C -- "No" --> D["Discharge within 60 days (Sec 250)"]
    C -- "Yes" --> E["Frame Charge within 60 days (Sec 251)"]
    
    E --> F{"Does Accused Plead Guilty?"}
    F -- "Yes" --> G["Discretionary Conviction (Sec 252)"]
    F -- "No" --> H["Prosecution Evidence (Sec 254)"]
    
    H --> I{"Any incriminating evidence found?"}
    I -- "No" --> J["Acquittal (Sec 255)"]
    I -- "Yes" --> K["Statement of Accused & Defence Evidence (Sec 256)"]
    
    K --> L["Final Arguments & Judgment"]