Trial Procedure for Warrant Cases under the Bharatiya Nagarik Suraksha Sanhita, 2023

Under Section 262 of the BNSS, an accused in a warrant-case instituted on a police report may file an application for discharge within sixty days from the date they receive copies of documents under Section 230. These documents typically include the police report (chargesheet), witness statements, and other supporting materials.

This provision enables the accused to challenge the basis of the charges at an early stage, thereby helping to prevent unnecessary trials in cases where the evidence is insufficient. The 60-day timeline ensures that the process moves forward efficiently while giving the accused a fair chance to prepare a defence.

Once the discharge application is filed, the Magistrate must consider the police report and related documents under Section 193, and may also examine the accused—either in person or through audio-video means. After hearing both the prosecution and the defence, if the Magistrate finds the charges to be groundless, he shall discharge the accused and must record reasons in writing for doing so.

Framing of Charge (Section 263)

Under this provision of the BNSS, 2023, if after considering the police report, examining the accused (if any), and providing an opportunity of hearing to both parties, the Magistrate is of the opinion that there is sufficient ground to presume that the accused has committed an offence which is triable by him under this Chapter and for which the Magistrate can award adequate punishment, then he shall frame a formal charge in writing.

This must be done within sixty days from the date of the first hearing on charge, ensuring procedural efficiency and timely initiation of the trial phase.

Once the charge is framed, it must be read out and explained to the accused, after which the accused is asked whether he pleads guilty or claims to be tried. This step is crucial in safeguarding the accused’s right to a fair trial and upholding the principle that an individual must be fully informed of the nature of the accusation before proceeding further.

Conviction on Plea of Guilty (Section 264)

Under Section 264 of the BNSS, when the accused pleads guilty to the offence after the charge has been read and explained, the Magistrate is required to record the plea in writing. This ensures that there is a formal and verifiable acknowledgement of the accused’s admission. However, the Magistrate is not bound to convict immediately—he may, in his discretion, convict the accused on that plea if satisfied that the plea is voluntary, informed, and unequivocal.

This provision balances efficiency in disposing of cases where the guilt is admitted with the responsibility to ensure that no miscarriage of justice occurs due to an uninformed or coerced confession.

Evidence for Prosecution (Section 265)

If the accused refuses to plead guilty, remains silent, or chooses to face trial, or if the Magistrate decides not to convict the accused even after a guilty plea under Section 264, the Magistrate must fix a date for examining the prosecution witnesses. Before this date, the Magistrate must provide the accused with copies of witness statements that were recorded by the police during the investigation. This ensures transparency and helps the accused prepare for trial.

Additionally, the prosecution may request the Magistrate to issue summons to any of its witnesses, asking them to either attend court or produce documents or other material evidence. On the scheduled date, the Magistrate will begin recording the prosecution’s evidence. The court also has the flexibility to postpone the cross-examination of a witness until after other witnesses have been examined or to recall a witness for further cross-examination.

Moreover, witnesses may be examined through audio-video electronic means, provided it takes place at a location designated by the State Government, ensuring efficiency and use of modern technology in the trial process.

Evidence for Defence (Section 266)

After the prosecution's evidence is recorded, the accused is called to present their defence and may submit a written statement, which the Magistrate will add to the record. If the accused wants to summon witnesses or produce documents, the Magistrate shall allow it—unless the request is found to be made for delay, harassment, or misuse, in which case reasons must be recorded in writing.

However, if a witness was already cross-examined earlier, their presence cannot be compelled again unless the Magistrate deems it necessary for justice. Witnesses may also be examined through audio-video means at a location notified by the State. The Magistrate may also require the accused to deposit reasonable expenses for summoning any witness.

Trial of Warrant Cases Instituted Otherwise Than on a Police Report

When a warrant case is instituted otherwise than on a police report (i.e., based on a private complaint), and the accused appears or is brought before the Magistrate, the Magistrate shall begin hearing the prosecution and record all evidence presented in support of the case. This is the first step in assessing whether there is sufficient ground to proceed further.

The prosecution can request the Magistrate to issue summons to any witness or to compel the production of any document or material evidence. The Magistrate has the authority to grant this, ensuring that the prosecution has a fair opportunity to present its case fully before any charge is framed.

After recording all the prosecution evidence under Section 267, if the Magistrate finds that no case has been made out against the accused—meaning, even if the evidence is left unrebutted, it would still not justify a conviction—the Magistrate shall discharge the accused, and must record the reasons in writing. This ensures that only cases with a prima facie basis proceed to trial, and baseless accusations are filtered out early.

Moreover, sub-section (2) gives the Magistrate the power to discharge the accused at any earlier stage, even before all evidence is recorded, if he believes the charge is groundless. Again, this must be backed by written reasons, reinforcing judicial accountability and the principle that no one should face trial unnecessarily.

Framing of Charge and Prosecution Evidence (Section 269)

1. Framing of Charge:
   After examining the evidence, or even earlier, if the Magistrate believes there is sufficient ground to presume that the accused has committed an offence, which is triable and punishable by him, he must frame a written charge.
2. Reading of Charge and Plea: The charge is then read and explained to the accused, who is asked whether he pleads guilty or has a defence to present.
3. Plea of Guilty: If the accused pleads guilty, the Magistrate shall record the plea, and may, at his discretion, convict the accused based on that plea.
4. Denial or No Plea: If the accused refuses to plead, does not plead, or claims to be tried, or if the Magistrate chooses not to convict on the plea, then the accused must, at the next hearing or immediately (if the Magistrate allows), state whether he wants to cross-examine any prosecution witness whose evidence has already been recorded.
5. Cross-examination of Witnesses: If the accused requests, those witnesses must be recalled, cross-examined, and re-examined, after which they are discharged.
6. Remaining Prosecution Witnesses: The rest of the prosecution witnesses are then called, their evidence recorded, followed by cross-examination and re-examination, and then they are discharged.
7. Non-availability of Witnesses: If, despite reasonable efforts, the prosecution witnesses cannot be made available for cross-examination, they shall be treated as not examined. The Magistrate may close the prosecution evidence and proceed with the trial, based on the materials already on record, with reasons recorded in writing

After the prosecution has presented all its evidence and the accused has been given a chance to cross-examine the witnesses, the court proceeds to the defence stage. At this point, the accused is called upon to present their defence and produce any evidence they may wish to rely upon.

Importantly, this section states that the provisions of Section 266 shall apply. This means the accused has the right to:

This ensures that even in private complaint cases, the accused gets the same procedural safeguards and opportunities for defence as in police report-based warrant cases.

Conclusion of Trial – Key Points (Sections 271–273 BNSS, 2023)

• Acquittal: Magistrate records an order if the accused is found not guilty.
• Conviction: If guilty, sentence is passed after hearing the accused.
• Absent Complainant: In complaint cases, if the complainant is absent and offence is compoundable/non-cognizable, the Magistrate may discharge the accused after 30 days.
• False Accusation: If accusation was baseless, the Magistrate may order the complainant/informant to pay compensation to the accused.
• Penalty for Non-Payment: Default in payment can lead to up to 30 days’ simple imprisonment.
• Right to Appeal: Available if compensation exceeds ₹2,000 from a second-class Magistrate.
• Applies to All Cases: These provisions apply to both summons and warrant cases.

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