Sessions Trial under BNSS 2023

A Sessions Trial is the procedure followed for the trial of serious criminal offences triable exclusively by a Court of Session under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Such trials generally involve offences punishable with severe sentences, including long-term imprisonment, life imprisonment, or death penalty.

Under a Sessions Trial, the case is usually committed to the Court of Session by a Magistrate, after which the Public Prosecutor conducts the prosecution.

Procedure for Sessions Trial

• Prosecution by Public Prosecutor
  According to Section 248, every Sessions Trial is conducted by a Public Prosecutor. Private complainant cannot conduct prosecution directly.
• Opening of the Prosecution Case
  After the accused appears before the Sessions Court (after committal), Public Prosecutor opens the case by:
  • explaining the charges
  • telling the court by what evidence he will prove guilt of the accused
  Purpose - To give the court a roadmap of prosecution case.
• Application for Discharge (Section 250)
  Accused can apply for discharge within 60 days from date of committal.
  If there is no sufficient ground , the Judge may discharge the accused after recording reasons in writing.

If there is sufficient ground for presuming that the accused has committed an offence (Section 251) then it may lead to two possible situations:

A. Offence NOT exclusively triable by Sessions Court
Judge may frame the charge and transfer the case to CJM/JM First Class. In such cases magistrate follows the procedure provided for warrant-case instituted on police report.

B. Offence exclusively triable by Sessions
Judge may frame the written charge within 60 days from first hearing on charge.

• Reading & Explaining Charge to the Accused (Section 251(2))
  Charge is read over & explained to accused and he is asked either to plead guilty or claim trial.
• Plea of Guilty (Section 252)
  If the accused pleads guilty - Judge may convict him. Conviction is not automatic, it depends on the Judge's discretion.
• Fixing Date for Prosecution Evidence (Section 253)
  If accused does not plead guilty, or claims trial, or is not convicted, Judge shall
  • fix a date for prosecution witnesses,
  • issues summons/warrants for witness attendance and document production.
• Prosecution Evidence (Section 254)
  The judge shall proceed to take all such evidence as may be produced in support of the prosecution.
• Examination of Accused (Section 351(1)(b))
  The Court shall, after the witnesses for the prosecution have been examined and before accused is called on for his defence, question him generally on the case.

Purpose - enable the accused personally to explain any circumstances appearing in the evidence against him.

• Acquittal After Prosecution Evidence (Section 255)
  After prosecution evidence, examination of accused and hearing both the parties Judge may acquit the accused if no evidence is found against him.
• Defence Evidence (Section 256)
  If the accused is not acquitted under Section 255, the accused is called to enter defence and produce evidence.
• Final Arguments (Section 257)
  Prosecution sums up its case on which defence replies.
• Judgment (Section 258)
  Time limit - Judgment within 30 days from the date of completion of arguments which can be extended to 45 days after recording the reasons.
  If accused is convicted: Court hears accused on sentence which is known as sentence proceedings.

Procedure for Trial of Defamation Cases Directly Cognizable by the Sessions Court

When a Court of Session directly takes cognizance of a defamation offence under Section 222(2), it shall try the case by following the procedure prescribed for the trial of warrant-cases instituted otherwise than on a police report, as applicable before a Court of defence evidence.