Chapter XIX deals with the procedure of Sessions Trial. Sections 248 to 260 of BNSS, pointwise deal with how a criminal trial must be conducted by the Public Prosecutor.
i. Opening the case under Section 249
The prosecutor appointed will open the case by explaining the charges levelled against the accused in the charge sheet to the Court.
ii. Discharge under Section 250 and Framing of Charges under Section 251
The accused can prefer an application for discharge within a period of 60 days from date of commitment of case under Section 232 of BNSS. They can file an application under Section 250 of BNSS for discharging him from the charges levelled against him in the charge sheet. For discharge, the accused must submit before and satisfy the court, that all charges levelled against him are false and insufficient to proceed against him in trial.
If the said application under Section 250 of BNSS is rejected by the Court, then the Court may go ahead and frame charges against the accused under Section 251 of BNSS. At this stage, the Court can also add or delete any charge if the material available on record does not support the said charge. The Court shall read out the charges to the accused and ask the accused in person if he agrees with the said charges and pleads guilty to the same.
iii. Plea Bargain
An accused can file an application for a plea bargain under under Section 290 of BNSS. This application can be made where a chargesheet has been filed under Section 193 of BNSS by the police alleging that an offence appears to have been committed by an accused. The requirements of a plea bargain application are a) the punishment of the offence cannot exceed 7 years b) the offence does not affect the socio-economic condition of the country c) the offence not been committed against a child or woman.
On receiving such an application, the Court may issue a notice to the Public Prosecutor and/or the complainant to work out a mutually satisfactory disposition. If such a mutually satisfactory disposition is worked out, then the magistrate may dispose of the case under Section 293 of BNSS and pass a judgment under Section 294 of BNSS taking into consideration the plea bargain application.
iv. Conviction of Plea of Guilty under Section 252 of BNSS
If at this stage of trial, the accused pleads guilty to committing the alleged offence and agrees to the charges framed, he may directly be convicted for those offences under Section 252 of BNSS. If the accused pleads not guilty, then the judge shall direct trial to proceed against the accused.
v. Prosecution’s Evidence – Sections 253 and 254 of BNSS
This stage of evidence comprises of examination of witnesses of both sides, this includes Examination of Chief, Cross Examination and Re-Examination. Under BSA, the examination of witnesses is covered under Chapter X. BNSS also provides for the possibility of recording the deposition of evidence through audio-video electronic means which was absent in the CrPC.
vi. Statement of the Accused under Section 351 of BNSS
When the prosecution’s evidence stage is completed, the judge will direct the accused to appear in the witness box and record his statement under Section 351 of the BNSS. The Court will put forth the testimony of all witnesses who have testified against the accused and asks him/her to attribute reasons for such testimony against them. This is the first and only occasion when the accused is allowed to address the Court. An oath is not administered during the recording of statement, and nothing recorded against the accused can be used against him/her at the later stage. It is advised that the accused use this as an opportunity rather than a formality and explain their side of the case to the Court. This must be done by attributing proper reasons to every question put forth to him by the Court. This will assist the counsel appearing for the accused during the defence’s evidence stage and final arguments.
vii. Defence Witness
After recording of the statement under Section 351of BNSS, the judge may allow the accused, through their counsel/advocate, to produce defence witness, if any, to get the said witness examined.
viii. Final Arguments / Verdict / Quantum of Punishment / Judgment under Sections 257 to 258
This is the final stage of trial where both parties, after proper evaluation of statements, evidence and testimony of witnesses, put their case before the Court, through oral arguments. Based on the arguments and the material evidence on record, the judge will pronounce if the accused is convicted or acquitted from the charges levelled against them. If the judge convicts the accused, then he will have to hear the accused on quantum of judgment under Section 401 of BNSS as to what shall be the period of him serving the term for the offence committed by him and on hearing the accused, the judge will pass a detailed judgment, recording all the reasons as to why, the accused shall be punished for the offence.
Source: Barandbench
