22/07/2025
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaces the CrPC (Code of Criminal Procedure) — the stages in a criminal case have been largely retained from CrPC, with some important modern updates (like electronic FIR, zero FIR, e-summons, timelines for investigation, etc.).
Here is a step-by-step breakdown of the different stages of a criminal case under BNSS:
🔹 1. Filing of Information (FIR stage)
Section 173 BNSS
Complaint is made at police station
FIR is registered for cognizable offence
Now can be filed electronically also
Zero FIR allowed (at any police station)
🔹 2. Preliminary Inquiry (if needed)
For certain offences (economic offences, matrimonial disputes), police may do preliminary inquiry before registering FIR (as per SC guidelines in Lalita Kumari v. UP)
🔹 3. Investigation by Police
Sections 175–181 BNSS
Visiting the scene of crime
Collecting evidence (witnesses, CCTV, documents)
Arrest (with or without warrant depending on gravity)
Medical examination of accused/victim
Forensic examination
Custodial interrogation (police remand, judicial custody)
Time-bound investigations:
BNSS mandates timeline-based investigation completion (usually 90–180 days)
🔹 4. Bail (Interim / Regular / Anticipatory)
Section 480 BNSS
Bail application in Magistrate / Sessions / High Court
For bailable or non-bailable offences
Anticipatory bail still allowed under BNSS
🔹 5. Filing of Chargesheet / Police Report
Section 193 BNSS
Police files Final Report (Chargesheet) under Section 193 BNSS
Includes list of witnesses, evidence, and accused
Can also be a Closure Report (if evidence insufficient)
🔹 6. Cognizance by Magistrate / Court
Section 223 BNSS
Court examines the chargesheet
Takes cognizance of offence
Can issue summons or warrant to accused
🔹 7. Supply of Documents to Accused
Section 230 BNSS
Copies of FIR, chargesheet, witness list, and statements to be given to accused free of cost
🔹 8. Framing of Charges / Discharge
Section 251–253 BNSS
Court hears both sides
Accused can be discharged (if no prima facie case)
If enough evidence — Charges are framed
🔹 9. Plea of Guilty or Not Guilty
Section 253 BNSS
Accused pleads guilty or claims trial
🔹 10. Trial Begins
Includes the following:
🟢 a. Prosecution Evidence
Prosecution presents its witnesses (PW)
Cross-examination by defence
🟢 b. Statement of Accused
Section 267 BNSS
Under Section 267 BNSS (formerly 313 CrPC)
Accused gets chance to explain circumstances
🟢 c. Defence Evidence (if any)
Accused may call witnesses or submit evidence
🔹 11. Final Arguments
Both sides make final submissions
🔹 12. Judgment
Section 392 BNSS
Court pronounces verdict: Conviction or Acquittal
Must be in writing, reasoned
Acquitted accused released immediately
🔹 13. Sentencing (if convicted)
Section 394 BNSS
Separate hearing for sentencing
Court may consider mitigating/aggravating factors
🔹 14. Appeal / Revision / Review
Convicted party can file appeal in Sessions / High Court / Supreme Court
Time limits apply
BNSS provides for electronic filing and hearing options
🔹 15. Compensation to Victim (if applicable)
Section 396 BNSS
Court may direct compensation to victim
Also under Victim Compensation Scheme
🔹 Special Note:
BNSS includes provisions for:
✅ E-FIR
✅ E-Summons / E-Warrants
✅ Time-bound trial for certain offences
✅ Protection of victim identity
✅ Trial in absentia in heinous offences (Sec 356 BNSS)
✅ Summary Chart:
Stage Description
1. FIR Information to Police (Sec 173)
2. Inquiry (optional) For sensitive cases
3. Investigation Evidence collection
4. Bail Interim/regular/anticipatory
5. Chargesheet Filed by police (Sec 193)
6. Cognizance Taken by Magistrate (Sec 223)
7. Document Supply To accused (Sec 230)
8. Discharge/Charges (Sec 251–253)
9. Plea Guilty or not guilty
10. Trial Prosecution & defence evidence
11. Arguments Final arguments
12. Judgment Acquittal or conviction
13. Sentence If convicted
14. Appeal In higher court
15. Victim Compensation If applicable
Team Nyay Path