Questions and answers on law (Part 87)

 Q 1:- explain the procedure of session trial as per provisions of BNSS

The Sessions trial procedure under BNSS is laid down in the Chapter on “Trial before a Court of Session” (commonly taught as Sections 248–260).​

Step-wise procedure (BNSS)

1. Prosecution by Public Prosecutor: Every Sessions trial is to be conducted by a Public Prosecutor (S.248).​

2. Opening of prosecution case: After the case is committed to the Sessions Court and the accused appears/is brought, the prosecutor opens the case by describing the charge and stating the proposed evidence (S.249, linked with committal S.232).​

3. Discharge stage: The accused can seek discharge; BNSS introduces/mentions a timeline concept in practice notes (discharge application within 60 days of committal) and the Judge may discharge if there is no sufficient ground to proceed (S.250).

4. Framing of charge: If grounds exist, the Sessions Judge frames charge (or may transfer as per provision) and explains it to the accused (S.251).​

5. Plea of guilty: If the accused pleads guilty, the Judge records the plea and may convict in discretion (S.252).​

6. If not guilty / claims trial: The Judge fixes a date for prosecution evidence and may issue process for compelling attendance/production of documents on prosecution request (S.253).​

7. Prosecution evidence: Prosecution witnesses are examined, cross-examined, and evidence is recorded; BNSS contemplates use of audio-video/electronic means for recording evidence (S.254).​

8. Acquittal for no evidence: After prosecution evidence (and the necessary stage of hearing), if the Judge finds there is no evidence that the accused committed the offence, the Judge must record an order of acquittal (S.255).​

9. Defence stage: If the case is not ended at S.255, the accused is called upon to enter defence and adduce evidence; the court can issue process for defence witnesses/documents (S.256).​

10. Arguments and judgment: Parties address arguments and the court delivers judgment; practical material notes BNSS pushes quicker pronouncement timelines (around 30–45 days after arguments, with reasons for extension) and digital uploading expectations (S.258 context).

11. The provision is Section 392 BNSS (Judgment)—the proviso to sub-section (4) states that the Court shall, as far as practicable, upload a copy of the judgment on its portal within seven days from the date of judgment.​

12. Previous conviction (if relevant): If prosecution alleges previous conviction for enhanced punishment, the procedure is dealt with after conviction (S.259).​

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