Nature of Bharatiya Nagarik Suraksha Sanhita (BNSS) and Definitions

Constitution of Criminal Courts and the Power of Courts

Arrest of Persons and the Rights of Arrested Persons

Process to Compel Appearance

Service of summons/warrant to accused and process to compel appearance under chapter 6
of CrPC

Security for Keeping Peace and Good Behaviour

Maintenance of Wives, Children, and Parents

Maintenance of Public Order and Tranquility

Prevention Powers of Police

Information to Police and Their Powers to Investigate

Jurisdiction of Criminal Courts in Inquiries and Trials

This article delves into the specific sections of the BNSS that govern the jurisdiction of
criminal courts in inquiries and trials. Through detailed explanations and practicals, it aims
to provide a comprehensive understanding of how these provisions function in practice.
Legal practitioners, law students, and anyone interested in the criminal justice system will
find this exploration of jurisdiction under the BNSS both informative and essential for
navigating the complexities of criminal law in India.
Cognizance of Offences by Magistrate and Court of Sessions

Complaints to Magistrates and Proceedings

Charge
Clause (4) states that the State Government may place an Executive Magistrate in charge of
a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so
placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
This section states that a police officer who is in a superior rank to the officer in charge of
the police station may exercise the same powers as vested to the police in charge within the
limits of the station.
Section 200 stipulates that when an act is considered an offence because of its connection or
relation to another offence, the trial for both offences can be conducted in a single court.
This provision allows for the consolidation of related criminal charges, facilitating a more
streamlined judicial process and reducing the likelihood of fragmented trials.
Imagine a case where an individual is charged with embezzlement and, as part of the
embezzlement scheme, also commits fraud. The embezzlement charge is related to the
fraud charge because the fraud was carried out to facilitate the embezzlement. According to
Section 200, both the embezzlement and fraud charges can be tried together in a court that
has jurisdiction over either of the offences. This approach ensures that the court can
consider the full context of the criminal conduct and deliver a more informed judgment.
In a case involving a drug trafficking operation, the accused might face charges of drug
possession, trafficking, and distribution. Since these charges are interrelated—one act of
drug trafficking encompasses possession and distribution—Section 200 permits the trial to
encompass all related charges in a single court. This consolidated approach helps in
understanding the full scope of the criminal activity and ensures that all elements of the
offence are addressed in a unified legal proceeding.
If there is a dispute over whether certain charges should be tried together due to their
relationship, and lower courts are unable to resolve the issue, the High Court can provide a
ruling on the appropriate venue. This intervention ensures that the judicial process remains
fair and effective, particularly in cases involving complex criminal conduct.
Section 204 stipulates that when offences are triable together due to their connection, they
should be tried in a court that has jurisdiction over any of the offences. This provision is
crucial for maintaining judicial efficiency and coherence, ensuring that all related charges
are addressed comprehensively within a single legal proceeding.
If an individual is charged with both burglary and assault that occurred during the same
criminal incident, Section 204 allows these offences to be tried together in a court that has
jurisdiction over either charge. This approach prevents the need for separate trials, reduces
legal complexity, and ensures a unified examination of the evidence and circumstances
surrounding the offences.
The rationale behind this provision is to avoid the fragmentation of cases involving
interconnected charges. Trying related offences together allows the court to consider the
full context of the criminal conduct, leading to more informed judgments and reducing the
risk of inconsistent outcomes.
In a case where an accused is charged with theft and possession of stolen property from the
same crime, Section 204 enables the trial to address both charges in a single court. This
consolidation helps in presenting a complete picture of the criminal activity and facilitates a
more efficient legal process.
Section 205 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) grants courts the authority to
order that cases be tried in different session divisions. This provision is particularly
relevant in complex cases where the charges span multiple jurisdictions or when the
interests of justice are best served by decentralizing the trial process.
In a large-scale fraud case where different aspects of the crime occurred in various
locations, Section 205 allows for the trial to be divided among multiple sessions divisions.
For instance, charges related to financial transactions might be tried in one division, while
other related criminal activities are tried in another.
A sessions court frames charges within 60 days of the first hearing on those charges
(a) if a public servant acting or purporting to act in the discharge of his official duties or a
Court has made the complaint; or
(2) A Magistrate shall not take cognizance on a complaint against a public servant for any
offence alleged to have been committed in course of the discharge of his official functions or
duties unless—
(3) If an investigation under sub-section (1) is made by a person not being a police officer,
he shall have for that investigation all the powers conferred by this Sanhita on an officer in-
charge of a police station except the power to arrest without warrant.
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be
summarily disposed of under sections 283, 284 or section 285, the Magistrate shall, except
where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to
the accused requiring him either to appear in person or by pleader before the Magistrate on
a specified date, or if he desires to plead guilty to the charge without appearing before the
Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate,
the said plea in writing and the amount of fine specified in the summons or if he desires to
appear by pleader and to plead guilty to the charge through such pleader, to authorise, in
writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through
such pleader:
Charge BNSS
THE CHARGE
A.—Form of charges
Contents of charge.
(1) Every charge under this Sanhita shall state the offence with which the accused
is charged.
(2) If the law which creates the offence gives it any specific name, the offence may be
described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, so much of the
definition of the offence must be stated as to give the accused notice of the matter with
which he is charged.
(4) The law and section of the law against which the offence is said to have been committed
shall be mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition
required by law to constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
the charge; and if such statement has been omitted, the Court may add it at any time before
sentence is passed.
(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell
within the definition of murder given in sections 98 and 99 of the Bharatiya Nyaya Sanhita,
2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it
did not fall within any of the five exceptions to section 99, or that, if it did fall within
Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under section 116 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily
causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a
statement that the case was not provided for by section 120 of the said Sanhita, and that the
general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or
using a false property-mark. The charge may state that A committed murder, or cheating, or
theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-
mark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya
Sanhita, 2023; but the sections under which the offence is punishable must, in each instance
be referred to in the charge.
(d) A is charged under section 220 of the Bharatiya Nyaya Sanhita, 2023, with intentionally
obstructing a sale of property offered for sale by the lawful authority of a public servant.
The charge should be in those words.
(1) The charge shall contain such particulars as to the time and place of the alleged offence,
and the person (if any) against whom, or the thing (if any) in respect of which, it was
committed, as are reasonably sufficient to give the accused notice of the matter with which
he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest
misappropriation of money or other movable property, it shall be sufficient to specify the
gross sum or, as the case may be, describe the movable property in respect of which the
offence is alleged to have been committed, and the dates between which the offence is
alleged to have been committed, without specifying particular items or exact dates, and the
charge so framed shall be deemed to be a charge of one offence within the meaning of
section 242:
When the nature of the case is such that the particulars mentioned in sections 234 and 235
do not give the accused sufficient notice of the matter with which he is charged, the charge
shall also contain such particulars of the manner in which the alleged offence was
committed as will be sufficient for that purpose.
(a) A is accused of the theft of a certain article at a certain time and place. The charge
(b) A is accused of cheating B at a given time and place. The charge must set out the manner
in which A cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must set out
that portion of the evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at
a given time and place. The charge must set out the manner in which A obstructed B in the
discharge of his functions.
(e) A is accused of the murder of B at a given time and place. The charge need not state the
manner in which A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from punishment.
The charge must set out the disobedience charged and the law infringed.
Words in charge taken in sense of law under which offence is punishable.
In every charge words used in describing an offence shall be deemed to have been used in
the sense attached to them respectively by the law under which such offence is punishable.
No error in stating either the offence or the particulars required to be stated in the charge,
and no omission to state the offence or those particulars, shall be regarded at any stage of
the case as material, unless the accused was in fact misled by such error or omission, and it
has occasioned a failure of justice.
(a) A is charged under section 178 of the Bharatiya Nyaya Sanhita, 2023, with "having been
in possession of counterfeit coin, having known at the time when he became possessed
thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge.
Unless it appears that A was in fact misled by this omission, the error shall not be regarded
as material.
(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the
charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account
of the transaction. The Court may infer from this that the omission to set out the manner of
the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the
charge. There were many transactions between A and B, and A had no means of knowing to
which of them the charge referred, and offered no defence. The Court may infer from such
facts that the omission to set out the manner of the cheating was, in the case, a material
error.
(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the
murdered person's name was Haidar Baksh, and the date of the murder was the 20th
January, 2023. A was never charged with any murder but one, and had heard the inquiry
before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court
may infer from these facts that A was not misled, and that the error in the charge was
immaterial.
(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda
Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged
for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses
present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from
this that A was misled, and that the error was material.
Court may alter charge.
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(3) If the alteration or addition to a charge is such that proceeding immediately with the
trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the
prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration
or addition has been made, proceed with the trial as if the altered or added charge had been
the original charge.
(5) If the offence stated in the altered or added charge is one for the prosecution of which
previous sanction is necessary, the case shall not be proceeded with until such sanction is
obtained, unless sanction has been already obtained for a prosecution on the same facts as
those on which the altered or added charge is founded.
Recall of witnesses when charge altered.
Whenever a charge is altered or added to by the Court after the commencement of the trial,
the prosecutor and the accused shall be allowed—
Separate charges for distinct offences.
(1) For every distinct offence of which any person is accused there shall be a separate
charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the
Magistrate is of opinion that such person is not likely to be prejudiced thereby, the
Magistrate may try together all or any number of the charges framed against such person.
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A
must be separately charged and separately tried for the theft and causing grievous hurt.
Offences of same kind within year may be charged together.
(1) When a person is accused of more offences than one of the same kind committed within
the space of twelve months from the first to the last of such offences, whether in respect of
the same person or not, he may be charged with, and tried at one trial for, any number of
them not exceeding five.
(1) If, in one series of acts so connected together as to form the same transaction, more
offences than one are committed by the same person, he may be charged with, and tried at
one trial for, every such offence.
(2) When a person charged with one or more offences of criminal breach of trust or
dishonest misappropriation of property as provided in sub-section (2) of section 235 or in
sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or
concealing the commission of that offence or those offences, one or more offences of
falsification of accounts, he may be charged with, and tried at one trial for, every such
offence.
(3) If the acts alleged constitute an offence falling within two or more separate definitions of
any law in force for the time being by which offences are defined or punished, the person
accused of them may be charged with, and tried at one trial for, each of such offences.
(4) If several acts, of which one or more than one would by itself or themselves constitute
an offence, constitute when combined a different offence, the person accused of them may
be charged with, and tried at one trial for the offence constituted by such acts when
combined, and for any offence constituted by any one, or more, of such acts.
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a
constable in whose custody B was. A may be charged with, and convicted of, offences under
sections 261 and 119 of the Bharatiya Nyaya Sanhita, 2023.
(b) A commits house-breaking by day with intent to commit adultery, and commits, in the
house so entered, adultery with B's wife. A may be separately charged with, and convicted
of, offences under section 330 of the Bharatiya Nyaya Sanhita, 2023.
(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then
commits adultery with her. A may be separately charged with, and convicted of, offences
under section 83 of the Bharatiya Nyaya Sanhita, 2023.
to use them for the purpose of committing several forgeries punishable under section 335
of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of,
the possession of each seal under section 339 of the Bharatiya Nyaya Sanhita.
B of having committed an offence, knowing that there is no just or lawful ground for such
charge. A may be separately charged with, and convicted of, two offences under section
(f) A, with intent to cause injury to B, falsely accuses him of having committed an offence,
knowing that there is no just or lawful ground for such charge. On the trial, A gives false
evidence against B, intending thereby to cause B to be convicted of a capital offence. A may
be separately charged with, and convicted of, offences under sections 246 and 228
(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public
servant endeavouring in the discharge of his duty as such to suppress the riot. A may be
separately charged with, and convicted of, offences under sections 189, 115 and 193 of the
Bharatiya Nyaya Sanhita, 2023.
(h) A threatens B, C and D at the same time with injury to their persons with intent to cause
alarm to them. A may be separately charged with, and convicted of, each of the three
offences under section 309 of the Bharatiya Nyaya Sanhita, 2023.
The separate charges referred to in illustrations (a) to (h), respectively, may be tried at the
same time.
(i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted
(j) Several stolen sacks of corn are made over to A and B, who knew they are stolen
property, for the purpose of concealing them. A and B thereupon voluntarily assist each
other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged
with, and convicted of, offences under section 315 of the Bharatiya Nyaya Sanhita, 2023.
(k) A exposes her child with the knowledge that she is thereby likely to cause its death. The
child dies in consequence of such exposure. A may be separately charged with, and
convicted of, offences under sections 91 and 103 of the Bharatiya Nyaya Sanhita, 2023.
a public servant, of an offence under section 199 of the Bharatiya Nyaya Sanhita, 2023. A
may be separately charged with, and convicted of, offences under sections 338 (read with
section 466) and 196 of that Sanhita.
(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be
separately charged with, and convicted of, offences under sections 323, 392 and 394 of the
Bharatiya Nyaya Sanhita, 2023.
(1) If a single act or series of acts is of such a nature that it is doubtful which of several
offences the facts which can be proved will constitute, the accused may be charged with
having committed all or any of such offences, and any number of such charges may be tried
at once; or he may be charged in the alternative with having committed some one of the said
offences.
(2) If in such a case the accused is charged with one offence, and it appears in evidence that
he committed a different offence for which he might have been charged under the
provisions of sub-section (1), he may be convicted of the offence which he is shown to have
committed, although he was not charged with it.
(a) A is accused of an act which may amount to theft, or receiving stolen property, or
criminal breach of trust or cheating. He may be charged with theft, receiving stolen
property, criminal breach of trust and cheating, or he may be charged with having
committed theft, or receiving stolen property, or criminal breach of trust or cheating.
(b) In the case mentioned, A is only charged with theft. It appears that he committed the
offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of
criminal breach of trust or of receiving stolen goods (as the case may be), though he was not
charged with such offence.
(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the
Sessions Court A states on oath that B never hit C. A may be charged in the alternative and
convicted of intentionally giving false evidence, although it cannot be proved which of these
contradictory statements was false.
When offence proved included in offence charged.
(1) When a person is charged with an offence consisting of several particulars, a
combination of some only of which constitutes a complete minor offence, and such
combination is proved, but the remaining particulars are not proved, he may be convicted of
the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a
minor offence, he may be convicted of the minor offence, although he is not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit
such offence although the attempt is not separately charged.
(a) A is charged, under section 314 of the Bharatiya Nyaya Sanhita, 2023, with criminal
breach of trust in respect of property entrusted to him as a carrier. It appears, that he did
commit criminal breach of trust under section 314 of that Sanhita in respect of the property,
but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of
trust under the said section 314.
(b) A is charged, under section 115 of the Bharatiya Nyaya Sanhita, 2023, with causing
grievous hurt. He proves that he acted on grave and sudden provocation. He may be
convicted under section 120 of that Sanhita.
What persons may be charged jointly.
The following persons may be charged and tried together, namely:—
(g) persons accused of any offence under Chapter XII of the Bharatiya Nyaya Sanhita, 2023
relating to counterfeit coin and persons accused of any other offence under the said Chapter
relating to the same coin, or of abetment of or attempting to commit any such offence; and
the provisions contained in the former part of this Chapter shall, so far as may be, apply to
all such charges:
Provided that where a number of persons are charged with separate offences and such
persons do not fall within any of the categories specified in this section, the Magistrate or
Court of Session may, if such persons by an application in writing, so desire, and if he or it is
satisfied that such persons would not be prejudicially affected thereby, and it is expedient
so to do, try all such persons together.
Withdrawal of remaining charges on conviction on one of several charges.
When a charge containing more heads than one is framed against the same person, and
when a conviction has been had on one or more of them, the complainant, or
the officer conducting the prosecution, may, with the consent of the Court, withdraw the
remaining charge or charges, or the Court of its own accord may stay the inquiry into, or
trial
of, such charge or charges and such withdrawal shall have the effect of an acquittal on such
charge or charges, unless the conviction be set aside, in which case the said Court (subject
to the order of the Court setting aside the conviction) may proceed with the inquiry into, or
trial of, the charge or charges so withdrawn.
If investigating agency feels a prima facie case is made out, charge sheet is filed in
Court through the public prosecutor.
After filling of charge sheet the next stage is taking cognizance of offence by
magistrate under Section 190 of the CrPC.
On question of Charge sheet:
Court can reject charge sheet, in which case the accused is discharged, or
Court can accept that a prima facie case is made out, frame the charges, and post the case for
trial. Case goes to next stage.
Court can accept the final report- case is closed and accused is discharged, or
Framing Of Charge
After considering the police report and other important documents the accused is not
discharged then the court frames charges under which he is to be tried.
After the charges are framed, and the accused pleads guilty, then the court requires the
prosecution to produce evidence to prove the guilt of the accused.
DIFFERENT TRIALS UNDER BNSS 2023 Utam Kumar Sharma, IFS uttam628@yahoo.co.in
htps://utamifs.com Trial has not been defined in BNSS or any other statutes in India. Trial
meaning differs in different situa�ons as well as in different statutes. But generally, we can
say that trial of a warrant-case starts a�er framing of Charges. Situa�on is different for
summon case. When plea is recorded in summons-case and substance of par�culars of
offence is read out instead of charge framing, the trial starts. There are four types of Trial
under the ‘Bhar�ya Nagrik Surksha Sanhita 2023’ (BNSS): 1. Summons Trial 2. Warrant
Trial I. Cases ins�tuted on police report II. Cases ins�tuted otherwise than on police
report 3. Session Trial 4. Summary Trial None of trial has been defined in the BNSS. The
meaning of these trials is inferred from the type of case we are dealing with. Though there
are four types of trials but there are only two types of ‘Cases’ which are as following: 1.
Summons-Case • Defined in sec 2(x)- “summons-case” means a case relating to an offence,
and not being a warrant-case; 2. Warrant-Case • Defined in sec 2(z)- “warrant-case” means
a case relating to an offence punishable with death, imprisonment for life or imprisonment
for a term exceeding two years. It seems confusing to the beginners to have a corela�on
between two type of cases and four types of trials. Let us clarify the concept and have a
beter understanding.
Plea bargaining in the Bharatiya Nagarik Suraksha (BNSS) is a process where the accused
pleads guilty to a lesser offense or a reduced sentence. The accused must file an application
for plea bargaining within 30 days of the charge being framed. [, , ]
The accused files an application for plea bargaining within 30 days of the charge being
framed [, ]
Section 439 of BNSS allows the High Court or Sessions Judge to examine records and order
further inquiry into dismissed complaints or discharged cases.
Anticipatory Bail: – Can be sought under Section 438 CrPC by any individual who
anticipates being charged with a non-bailable offense.
Default Bail: – If the accused can demonstrate that the required 60 or 90 days have passed
since their arrest without any chargesheet or complaint being filed.
This amendment expands scope by refusing anticipatory bail to individuals charged with
gang rape of women under the age of 18, as opposed to the CrPC’s 16-year statute of
limitations.

Principal Features of Fair Trial and Trial Procedures

Plea Bargaining
Plea bargaining in the Bharatiya Nagarik Suraksha (BNSS) is a process where the accused
pleads guilty to a lesser offense or a reduced sentence. The accused must file an application
for plea bargaining within 30 days of the charge being framed. [, , ]
How does plea bargaining work in BNSS? []
The accused files an application for plea bargaining within 30 days of the charge being
framed [, ]
What are the limitations of plea bargaining in BNSS? []
Plea bargaining is not allowed for offenses punishable with a death penalty, life
imprisonment, or imprisonment term exceeding seven years []

Judgment
Imagine a case where an individual is charged with embezzlement and, as part of the
embezzlement scheme, also commits fraud. The embezzlement charge is related to the
fraud charge because the fraud was carried out to facilitate the embezzlement. According to
Section 200, both the embezzlement and fraud charges can be tried together in a court that
has jurisdiction over either of the offences. This approach ensures that the court can
consider the full context of the criminal conduct and deliver a more informed judgment.
The rationale behind allowing trials for related offences to be conducted together is to
promote judicial efficiency and fairness. When offences are interconnected, trying them
separately could lead to inconsistencies in judgment and complicate the legal process.
Consolidated trials enable the court to address the complete criminal conduct coherently,
ensuring that all related aspects of the case are considered together.
The rationale behind this provision is to avoid the fragmentation of cases involving
interconnected charges. Trying related offences together allows the court to consider the
full context of the criminal conduct, leading to more informed judgments and reducing the
risk of inconsistent outcomes.
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
Judgment and sentence by the Court
The final decision of the court with reasons given in support of the acquittal or conviction of
the accused is known as judgment.
Judgment of Court passing sentence
Court also considers the age, background and history of an accused and the judgment is
pronounced accordingly.
Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence.
Judgment of the Appellate Court or Court having revisional jurisdiction
The Court having such powers can either overrule the lower court judgement or confirm the
judgment pronounced by the lower court.
The Bharatiya Nagarik Suraksha Sanhita (BNSS) is a criminal law that includes provisions
for judgments and trials. The BNSS replaced the Code of Criminal Procedure, 1973 (CrPC).
[, , , ]
The Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 provides rules for judgment
pronouncement in criminal trials. These rules include: [, , , ]
When the judgment is pronounced
The presiding officer pronounces the judgment in open court immediately after the trial
ends, or within 45 days. []
Who can hear the judgment
The accused must be brought to court to hear the judgment, unless they are acquitted or the
sentence is only a fine. []
What the judgment must include
The judgment must include the points for determination, decision, reasons, and details of
the offense, section, and punishment. []
The trial can continue and the judgment can be pronounced even if the accused is absent. []
The presiding officer can pronounce the judgment even if some accused are absent to avoid
delay. []
The judgment must include special reasons for the sentence. []
Judgments []
Written judgments
Judgments must be written in the court's language and include the decision, reasons, and
details of the offense. []
Judgments for death penalties
Judgments for offenses punishable by death must include special reasons for the sentence.
[]
The BNSS allows for judgments to be pronounced in trials where the accused is absent. []
Ensuring Justice: To provide a mechanism for correcting errors or injustices in lower court
judgments.
'When an appeal under this Chapter is heard by a High Court before a Bench of Judges and
they are divided in opinion, the appeal, with their opinions, shall be laid before another
Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his
opinion, and the judgment or order shall follow that

Appeal, Reference, and Revision

Provisions Related to Bail and Bonds

Limitation for Taking Cognizance of Offences

Language of Courts, Compounding of Offences, Irregular Proceedings, and

High Court Powers