From Complaint to
Judgment Under the
Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023
By Dr Neel Mani Tripathi
PhD and Post Doc in Law
1. Filing a • Section 223 (Examination of
Complaint Complainant): A complaint can
be made either orally or in writing
(Section to a Magistrate regarding the
commission of an offence. Upon
223) receiving a complaint, the
Magistrate examines the
complainant on oath and the
witnesses present, if any, to
ascertain the veracity of the
allegations.
2. • Section 224 (Procedure by Magistrate not
Preliminary competent to take cognizance of case): If the
Magistrate is not competent to hear the case,
Inquiry and they must transfer the complaint to a competent
Magistrate.
Issuing • Section 225 (Postponement of Issue of
Process Process): The Magistrate may postpone the
issue of process to conduct an inquiry or request
(Sections an investigation by the police to determine if
224-227) there is sufficient ground for proceeding.
• Section 226 (Dismissal of Complaint): If, after
considering the evidence, the Magistrate finds no
prima facie case, they may dismiss the
complaint and record reasons for doing so.
• Section 227 (Issue of Process): If a prima facie
case is established, the Magistrate issues a
summons or warrant, requiring the accused to
appear before the court.
3. • Section 173 (Information in Cognizable Cases):
Investigation Details the procedure for filing information with the
police when a cognizable offence occurs, allowing
Process (for the police to initiate an investigation.
Cognizable • Section 175 (Police Officer’s Power to Investigate
Cognizable Case): Grants police officers the
Offences) authority to investigate cognizable offences without
requiring a Magistrate's order.
(Sections 173, • Section 176 (Procedure for Investigation): Lays out
175-177) the steps for police investigations, including visiting
the crime scene, recording witness statements, and
collecting evidence.
• Section 193 (Report of Police Officer on
Completion of Investigation): Upon completing the
investigation, the police submit a report to the
Magistrate, commonly known as the charge sheet.
• Purpose: These sections streamline the process of
investigation and ensure that the police efficiently
gather evidence, which is crucial for the subsequent
trial phase.
4. • Section 210 (Cognizance of Offences
Cognizance by Magistrate): The Magistrate may
take cognizance of an offence upon
of Offences receiving a complaint, a police report,
(Sections or upon their knowledge of an offence
being committed.
210, 213)
• Section 213 (Cognizance of Offences
by Court of Session): For offences
that are exclusively triable by a Court
of Session, the Magistrate must
commit the case to the Court of
Session for trial after considering the
evidence.
• Purpose: These provisions define the
roles of Magistrates and Sessions
Courts in initiating proceedings,
ensuring that the right level of judicial
authority addresses each offence.
5. • Section 234 (Contents of
Framing Charge): Requires that charges
specify the nature of the offence
of with details of time, place, and
manner of the alleged acts.
Charges
• Section 239 (Court May Alter
(Sections Charge): The court has the
234-239) discretion to alter or add charges
during the trial if the evidence
warrants it.
6. Trial • Section 248 (Trial to be Conducted
Before by Public Prosecutor): The trial is led
by a Public Prosecutor, who presents
Sessions the evidence against the accused.
• Section 251 (Framing of Charge):
Court After examining the evidence, the
court frames formal charges, allowing
(Sections the accused to enter a plea.
248-259) • Section 253-254 (Evidence for
Prosecution): Prosecution presents
its evidence through witnesses and
documents.
• Section 256 (Entering Upon
Defence): If the prosecution's
evidence is strong, the accused is
required to present their defence.
• Section 258 (Judgment of Acquittal
or Conviction): After arguments, the
court pronounces the judgment.
6. Warrant • Section 261 (Compliance with
Case Trials Section 230): Ensures that the
by accused is provided with copies
of relevant police reports and
Magistrates other documents.
(Sections • Section 263 (Framing of
261-273) Charge): Charges are framed
after examining the evidence,
and the accused may be
discharged if no prima facie case
exists.
• Section 265 (Evidence for
Prosecution): Prosecution
evidence is recorded, and the
accused is called upon for
defence under Section 266.
6. • Section 274 (Substance of
Summons Accusation to Be Stated): Summons
cases require a brief statement of the
Cases accusation to the accused.
(Sections • Section 278 (Acquittal or
Conviction): The court delivers a
274- verdict after hearing the prosecution
and defence.
282) and • Section 283 (Power to Try
Summary Summarily): Magistrates of the
second class can summarily try cases
Trials with simplified procedures, reducing
(Sections trial time for minor offences.
• Section 287 (Judgment in Cases
283-288) Tried Summarily): Provides for a brief
judgment without detailed reasoning
for petty cases.
7. • Section 392 (Judgment): The judgment
must be delivered based on the evidence
Judgment presented, including the reasoning behind
the decision to acquit or convict.
(Sections • Section 393 (Language and Contents of
392-393) Judgment): Specifies that judgments must
be written in a language that the parties
understand and should include all
necessary findings and reasoning.
• Section 395 (Order for Compensation): If
applicable, the court may order the
accused to compensate the victim for
losses incurred.
• Purpose: These sections ensure
transparency in the court's decision-
making process and protect the rights of
the parties involved.
8. Post- • Section 407 (Submission of Death
Judgment Sentences for Confirmation): Requires
death sentences to be confirmed by the
Processes High Court before execution.
• Sections 413-434 (Appeals and Revision):
(Sections Provide mechanisms for appealing
judgments, ensuring checks and balances
407, 413- through higher judicial scrutiny.
434) • Section 430 (Suspension of Sentence
Pending Appeal): Allows the appellate
court to suspend a sentence and grant bail
during the appeal process.
• Purpose: Post-judgment processes allow
for the correction of potential judicial
errors and ensure that justice is served
fairly through a higher level of scrutiny.
9. Special • Section 290 (Application for Plea
Provisions: Bargaining): The accused can apply
for plea bargaining, leading to a
Plea negotiated settlement and
potentially reduced sentences.
Bargaining
• Section 293 (Disposal of Case
(Sections through Plea Bargaining): If a
289-299) mutually satisfactory disposition is
reached, the court disposes of the
case accordingly.
• Purpose: Plea bargaining under
BNSS helps decongest the courts
and provides a speedy resolution for
certain cases, ensuring a balanced
outcome for the accused and the
prosecution.