Under BNSS, 2023 (India)

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1. Commission of Offence

An offence is committed which is punishable under law.

Example:
A woman alleges that she was cheated and physically exploited on the false promise of marriage.

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2. Information to Police (FIR)

Section 173 BNSS (equivalent to old Section 154 CrPC)

• Information relating to a cognizable offence is given to police
• FIR is registered

Example:
The woman lodges an FIR at the police station alleging offence under Section 69 BNS.

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3. Investigation by Police

Sections 174–193 BNSS

Includes:

• Visit to place of occurrence
• Recording statements
• Collection of documents / electronic evidence
• Medical examination (if required)

Example:
Police seize mobile phones, collect WhatsApp chats, record statements of witnesses.

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4. Arrest of Accused (if required)

Sections 35–62 BNSS

• Arrest may be made with or without warrant
• Grounds of arrest must be informed
• Arrest memo mandatory

Example:
Accused is arrested after preliminary investigation.

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5. Production before Magistrate

Section 58 BNSS

• Accused must be produced before Magistrate within 24 hours
• Magistrate decides police custody / judicial custody

Example:
Accused is produced before Magistrate and sent to judicial custody.

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6. Bail Stage

Sections 478–489 BNSS

• Bail may be granted depending on nature of offence
• Regular bail / interim bail / anticipatory bail

Example:
Accused applies for regular bail before Sessions Court.

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7. Filing of Police Report (Charge Sheet)

Section 193 BNSS
(Equivalent to Section 173 CrPC)

• Police file final report before court
• Either charge sheet or closure report

Example:
Police file charge sheet alleging offence under Section 69 BNS.

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8. Cognizance by Court

Section 210 BNSS

• Court takes cognizance of offence
• Case formally instituted

Example:
Sessions Court takes cognizance of offence.

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9. Supply of Documents to Accused

Section 230 BNSS

• FIR, statements, documents supplied to accused

Example:
Accused receives copy of FIR, statements, electronic evidence.

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10. Framing of Charge

Sections 250–252 BNSS

• Court decides whether sufficient ground exists to proceed
• Charge is framed or accused discharged

Example:
Court frames charge under Section 69 BNS.

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11. Prosecution Evidence (PE)

Sections 254–263 BNSS

• Examination of prosecution witnesses
• Cross-examination by defence

Example:
Prosecutrix and IO are examined and cross-examined.

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12. Statement of Accused

Section 266 BNSS
(Equivalent to Section 313 CrPC)

• Accused is questioned on evidence against him
• No oath required

Example:
Accused denies allegations and claims consensual relationship.

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13. Defence Evidence (Optional)

Section 267 BNSS

• Accused may lead defence evidence

Example:
Accused produces WhatsApp chats and defence witnesses.

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14. Final Arguments

• Oral and written submissions by both sides

Example:
Defence argues that relationship was consensual and no offence is made out.

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15. Judgment

Section 271 BNSS

• Court delivers judgment
• Conviction or acquittal

Example:
Court acquits accused holding that offence is not proved beyond reasonable doubt.

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16. Sentence (If Convicted)

Section 272 BNSS

• Hearing on sentence
• Punishment awarded

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17. Appeal / Revision

Sections 413–455 BNSS

• Appeal before higher court
• Revision if applicable

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ONE-LINE SUMMARY

BNSS criminal proceedings move from offence → FIR → investigation → trial → judgment → appeal, ensuring fairness to both victim and accused.

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CrPC vs BNSS (2023)

Stage-wise Comparison + Practical Trial Strategy

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I️⃣ CrPC vs BNSS — STAGE-WISE COMPARISON TABLE

Stage	CrPC, 1973	BNSS, 2023	Practical Change
FIR	S.154	S.173	Zero FIR, digital FIR strengthened
Preliminary Enquiry	Judicially evolved	S.173(3)	Mandatory in certain offences
Investigation	S.156–173	S.174–193	Timelines introduced
Arrest	S.41–60A	S.35–62	Arrest memo + rights emphasized
Production before Magistrate	S.57	S.58	Same principle
Remand	S.167	S.187	Judicial custody rules clarified
Bail	S.436–439	S.478–489	Victim hearing mandatory
Charge Sheet	S.173	S.193	Time-bound filing
Cognizance	S.190	S.210	Same concept
Supply of Documents	S.207	S.230	Includes digital records
Framing of Charge	S.228	S.250–252	Discharge strengthened
Prosecution Evidence	S.231	S.254–263	Witness protection focus
Statement of Accused	S.313	S.266	Same, renamed
Defence Evidence	S.233	S.267	Accused rights clearer
Arguments	Practice based	Practice based	Written arguments encouraged
Judgment	S.235	S.271	Time-bound pronouncement
Sentence	S.235(2)	S.272	Victim impact hearing
Appeal	S.372–394	S.413–455	Victim appeal rights expanded

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II️⃣ BNSS – STAGE-WISE SECTIONS (FOR EXAM / COURT NOTES)

Pre-Trial Stage

• FIR – S.173
• Investigation – S.174–193
• Arrest – S.35–62
• Remand – S.187
• Bail – S.478–489

Trial Stage

• Cognizance – S.210
• Supply of documents – S.230
• Charge / Discharge – S.250–252
• Prosecution Evidence – S.254–263
• Statement of Accused – S.266
• Defence Evidence – S.267
• Arguments – (Court practice)
• Judgment – S.271
• Sentence – S.272

Post-Trial

• Appeal – S.413–455
• Revision – S.457 onwards

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III️⃣ REAL TRIAL STRATEGY — STAGE-WISE (DEFENCE-ORIENTED)

1. FIR Stage (S.173 BNSS)

Strategy

• Check delay, jurisdiction, contradictions
• Apply for quashing / discharge groundwork
• Preserve electronic defence evidence early

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2. Investigation Stage (S.174–193)

Strategy

• Challenge illegal arrest
• Seek seizure memo, CDRs, CCTV
• File representation to IO for fair investigation

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3. Bail Stage (S.478–489)

Strategy

• Highlight lack of custodial interrogation
• Use medical, CDR, chats
• Argue proportionality + liberty

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4. Charge Sheet Stage (S.193)

Strategy

• Scrutinize:
  • Missing sanction
  • Defective 65B certificate
  • Interested witnesses
• Prepare discharge application

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5. Framing of Charge (S.250–252)

MOST CRUCIAL STAGE

• Argue:
  • Ingredients not made out
  • Civil / consensual nature
• Cite Supreme Court / HC judgments

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6. Prosecution Evidence (S.254–263)

Cross-Examination Strategy

• Contradictions (S.161 vs testimony)
• Delay, conduct, improbabilities
• Electronic evidence authenticity

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7. Statement of Accused (S.266)

Strategy

• Short, consistent, denial
• Do NOT fill prosecution gaps
• Prepare answers in advance

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8. Defence Evidence (S.267)

Optional but Powerful

• Produce:
  • Chats, photos, call logs
  • Neutral witnesses
• File proper 65B certificate

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9. Final Arguments

Winning Formula

• Ingredients test
• Benefit of doubt
• Conduct of prosecutrix
• Case-law mapping

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10. Judgment (S.271)

Focus

• Non-proof beyond reasonable doubt
• Acquittal precedents