Criminal Trial | Appeal & Review Application before Apex Court
Criminal Trial
The Criminal Trial under the Bharatiya Nyaya Sanhita, 2023 (BNSS, 2023) has introduced significant changes to India’s criminal justice system.
Replacing the colonial-era Indian Penal Code, BNSS aims to make trials more efficient, transparent, and fair.
The new law incorporates modern principles of justice ensuring streamline criminal procedure.
This article explores the process of a criminal trial under BNSS, 2023, highlighting the key stages, notable changes, and their impact on the legal system.
What are the stages of Criminal Trial ?
A criminal trial under BNSS follows a structured process to ensure justice for both the victim and the accused.
The main stages include registration of the case, investigation, framing of charges, trial proceedings, judgment, and appeal.
Registration of the FIR
Every criminal trial begins with the registration of a First Information Report (FIR) or a complaint. Under BNSS, 2023, authorities must ensure promptly registration of FIR in serious offenses.
Digital documentation of FIRs has been encouraged, reducing delays and increasing transparency.
Investigation and Charge Sheet
After registering the case, the police conduct police investigation by collecting evidence, questioning witnesses, and analyzing forensic reports.
The law mandates the use of modern technology such as forensic DNA analysis and electronic records to strengthen investigations.
Once sufficient evidence is gathered, the charge sheet is filed in court. BNSS, 2023 has reduced the time limit for submitting the charge sheet to prevent unnecessary delays in trials.
Framing of Charges before Criminal Trial
The court examines the evidence and determines whether sufficient grounds exist to frame charges against the accused. BNSS, 2023 promotes a faster charge-framing process to avoid prolonged legal battles.
If the evidence is weak, the court can discharge the accused at this stage.
Criminal Trial Proceedings
The trial begins with the prosecution presenting its case. Under BNSS, 2023, witness protection mechanisms have been strengthened, ensuring that witnesses can testify without fear or intimidation.
Cross-examination is conducted fairly, allowing both parties to present their arguments effectively.
Judgment and Sentencing in Criminal Trial
Once the Trial Court recorded evidence and arguments, the judge delivers a verdict. BNSS, 2023 mandates that judgments should be written in a clear and concise manner, ensuring accessibility to all parties.
Sentencing is based on the gravity of the crime, and the new law promotes alternative dispute resolution in minor offenses.
Appeals and Review before Apex Court
The convicted person has the right to appeal against the verdict. BNSS, 2023 has introduced provisions to expedite the appeal process by limiting frivolous delays.
Higher courts in India are ensuring the priority of serious cases, ensuring timely justice.
The Criminal Advocate in Supreme Court files Special Leave Petition (Criminal) for Bail as well as against the judgment of Trial Court and High Court.
Changes Introduced in Criminal Trial
BNSS, 2023 brings several transformative changes to the criminal trial process. These include:
Digitization and Technology Integration
The law mandates the use of electronic evidence, AI-based legal analysis, and digital records, making trials more efficient and transparent.
Protection of Victims and Witnesses
Special provisions ensure safeguard of the victims and witnesses against intimidation.
Courts can allow remote testimony through video conferencing, reducing the risk of coercion.
Expedited Trials and Strict Timelines
BNSS, 2023 enforces strict deadlines for investigation, charge framing, and judgment. This significantly reduces the backlog of pending cases.
Emphasis on Rehabilitation and Restorative Justice
For minor offenses, the new law promotes rehabilitation over harsh punishment, focusing on community service, counseling, and mediation.
Impact of BNSS, 2023 on the Criminal Justice System
BNSS, 2023 aims to create a more accountable, accessible, and effective justice system.
The inclusion of technology, faster trial procedures, and enhanced victim protection mechanisms contribute to a stronger legal framework.
The law reduces unnecessary delays, ensuring timely, swiftly and fairly justice.
Conclusion
Criminal trials under BNSS, 2023 represent a progressive shift in India’s legal landscape. By focusing on efficiency, digital integration, and victim protection, the new legal framework strengthens the criminal justice system.
As India adapts to these reforms, the ultimate goal remains clear justice should be timely, fair, and accessible to all.