CRIMINAL TRIAL
• Dubio pro reo -In dubio pro reo is a Latin phrase that
means "when in doubt, in favor of the defendant". It's a
fundamental principle of criminal law that upholds the
presumption of innocence.
• Judex damnatur cum nocens absolvitor-The Latin
phrase "judex damnatur cum nocens absolvitur" translates to
"the judge is condemned when the guilty is acquitted,"
emphasizing the importance of accurate verdicts and the gravity
of judicial responsibility in upholding justice.
• The object of criminal trial is thus to render
public justice by punishing the criminal.
(Surya Baksh Singh v.The State of U.P. (2014)
14 SCC 222).
• It is also important to remember that the trial
should be concluded expeditiously before the
memory of the witnesses fades out.If unmerited
acquittals become the general rule, they tend
to lead to a cynical disregard of the law. A
miscarriage of justice may arise from the
acquittal of the guilty no less than from the
conviction of the innocent. (Gangadhar Behera
• Accused is presumed to be innocent till the
charges against him are proved beyond
reasonable doubt:-
• a. Willie (William) Slaney v. State of M.P –
AIR 1956 SC 116(Innocence of accused is
presumed unless there is a statutory provision
against him).
• b. Kali Ram v. State of H.P – (1973) 2 SCC
808(Burden of proving the guilt of the accused
who is presumed to be innocent, is on the
prosecution).
• Another golden thread which runs through the
web of administration of justice in criminal
cases is that if two views are possible on the
evidence adduced in the case one pointing to
the guilt of the accused and the other to his
innocence, the view which is favourable to the
accused is to be accepted. (Kaliram v. The
State of H.P. AIR 1973 SC 2773, Sheo Nandan
When the trial starts
• The trial means determination of issues
adjudicating the guilt or the innocence of
person, the person has to be aware of what is
the case against him and it is only the stage
of framing of charges, the court informs him of
the same. Therefore, the trial commences only
on the charges being framed. (Hardeep Singh Vs.
State of Punjab- 2014
• In warrant and sessions trial, the trial starts with the framing of charge (Ratilal
Bhaji v. State of Maharashtra - AIR 1979 SC 984)
• Important check list for trial
• a) The court to draw the order sheet in his own pen while framing charge
• detailing the accused set up for trial those who are absconding and whose
• trial has been split up.
• b) Ensure that accused received copy of police papers in terms of section
• 207 Cr.P.C. in case of voluminous documents instead of furnishing it to
• the accused with a copy thereof direct that he will only be allowed to
• inspect it either personally or through his Advocate either in court or in
• Office of the court as per rules for Inspection of Records.
• c)Check whether sanction/Chemical Examination Report/MOs, etc. have been received in
court.
• d) Ensure that charge framed by the court is available with the records
• Intermediate Stages in A Trial Pleading Guilty-
Cases where the accused pleads guilty are
instances of judicial confession. Hence, the
Magistrate is bound to follow the safeguards
provided under Sec. 164 (2) Cr.P.C. If the
Magistrate is satisfied that the accused has
voluntarily pleaded guilty, he can in his
discretion straightaway convict the accused.
The appropriate provisions are given below :-
• Sec. 252 in summons cases
• Sec. 241 in warrant cases instituted on a
police report
• Sec. 246 (3) in warrant cases instituted
otherwise than on
• Police Report.
• Sec. 229 in Sessions Cases.
Sessions Trial
• 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
• 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
• 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
• 1. What is the role of the Public Prosecutor at
the start of a Sessions Trial under Section 249
of BNSS?
• A) To plead guilty on behalf of the accused
B) To explain the charges levelled against the
accused to the court
C) To question the witnesses
D) To present the final arguments
• Answer: B) To explain the charges levelled
against the accused to the court
• 2. Under which section of BNSS can an accused
file an application for discharge, and what
must they prove to the court?
• A) Section 250; The charges are insufficient
and false
B) Section 251; They are not guilty
C) Section 249; They have an alibi
D) Section 232; They have no knowledge of the
case
• A) Section 250; The charges are insufficient
and false
• 3. Which of the following conditions is
required for an accused to apply for a plea
bargain under Section 290 of BNSS?
• A) The punishment must not exceed 7 years
B) The accused must confess to the crime
immediately
C) The offence must involve a serious threat to
national security
D) The offence must have occurred in the last 5
years
• Answer: A) The punishment must not exceed 7
years
• Answer: A) The punishment must not exceed 7
years
• 4. If an accused pleads guilty to the charges
at the trial, which section of BNSS governs
their immediate conviction?
• A) Section 250
B) Section 252
C) Section 254
D) Section 257
• Answer: B) Section 252
• 5. What do Sections 253 and 254 of BNSS address
during the prosecution’s evidence stage in a
criminal trial?
• A) Cross-examination of the accused
B) The examination, cross-examination, and re-
examination of witnesses
C) Framing of charges
D) Recording the final judgment
• Answer: B) The examination, cross-examination,
and re-examination of witnesses
• 6. According to Section 351 of BNSS, what is
the purpose of the accused’s statement in the
witness box?
• A) To testify as a witness in their own defence
B) To attribute reasons to the testimonies of
witnesses against them
C) To plead guilty
D) To call for their release
• Answer: B) To attribute reasons to the
testimonies of witnesses against them
• 7. What happens after the recording of the
accused’s statement under Section 351 of BNSS
in the trial procedure?
• A) The trial ends, and the verdict is given
immediately
B) The defence can present witnesses for
examination
C) The court asks the accused to pay a fine
D) The Public Prosecutor can offer a plea
bargain
• Answer: B) The defence can present witnesses
for examination
• 8. At the final stage of a Sessions Trial,
under Sections 257 to 258 of BNSS, what does
the judge do after evaluating all arguments and
evidence?
• A) Passes a verdict without hearing from the
accused
B) Announce the accused’s punishment
immediately
C) Pronounces a judgment after hearing the
accused on the quantum of punishment
D) Orders further investigations
• Answer: C) Pronounces a judgment after hearing
the accused on the quantum of punishment
• Facts:
In a Sessions Trial, the Public Prosecutor has
been appointed to represent the state. The
accused, A, has been charged with assaulting a
police officer during a protest. At the
beginning of the trial, the Public Prosecutor
opens the case by explaining the charges to the
court. However, the accused’s lawyer claims
that the charges are vague and not supported by
sufficient evidence.
• Question:
Is the Public Prosecutor required to provide
specific details regarding the charges under
Section 249 of BNSS, and what is the
• Facts:
C is charged with causing grievous hurt during
a fight at a bar. At the trial, C pleads guilty
to the charges and agrees with the evidence
presented by the prosecution. The court, upon
receiving C’s plea of guilty, proceeds to
convict C immediately.
• Question:
What procedure must the court follow under
Section 252 of BNSS when an accused pleads
guilty, and what are the consequences of a
guilty plea in terms of the trial process?
• Facts:
D is accused of committing fraud by providing
false financial statements. During the trial, the
prosecution calls three witnesses, all of whom
testify that D was involved in submitting false
statements. D’s lawyer cross-examines the
witnesses, questioning their credibility. The
court also allows for re-examination of one
witness. The prosecutor submits some documents as
evidence, and the court records the examination of
witnesses using video technology.
• Question:
How do Sections 253 and 254 of BNSS apply to the
prosecution's evidence stage? What role does the
cross-examination and re-examination of witnesses
