Procedure under BNSS to be Followed After Completion of Investigation

A criminal trial is a structured legal process aimed at determining the guilt or innocence of an accused person. A criminal trial begins with an FIR or complaint, followed by investigation, charge framing, and court proceedings. Evidence is presented, witnesses examined, and legal arguments made before the judge. It concludes with a judgment, leading to conviction, acquittal, or dismissal, often taking time due to procedural complexities.

This article, by examining the relevant sections and judgments, sheds light on the procedure which is required to be followed after the completion of the investigation under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Procedure After Completion of Investigation under BNSS

a. Filing of the Police Report, Closure Report, and Charge sheet.

As mentioned in Chapter XIII of the BNSS, Section 193 (Section 173 of the CrPC) outlines the procedure to be followed after the completion of an investigation. This section primarily pertains to the report submitted by the police officer [Section 2(1)(t)], which contains the findings of the investigation.

The report may either be a closure report or a chargesheet.

Before going into the details, it is necessary to understand the difference between the closure report and the charge sheet

i. Closure Report

A closure report is a report prepared by the officer in charge of a police station under Section 189 of the BNSS, which determines that there isn't sufficient evidence or reasonable grounds to forward an accused to a Magistrate.

ii. Charge sheet

A charge sheet is another key report prepared by the police, which formally sets out the allegations against the accused and serves as the basis for prosecution. It includes:

• A statement of facts,
• A copy of the FIR,
• Statements recorded under Sections 180 and 183 of the BNSS (which correspond to statements under Sections 161 and 164 of the CrPC, respectively),
• Panchnamas (records of on-site investigation or seizures),
• A list of witnesses,
• A list of seizures, and
• Other documentary evidence collected during the investigation.

In the case of K. Veeraswami v. Union of India & Others (1991), the court held that the chargesheet is nothing but a final report of a police officer under Section 173(2) of the CrPC.

Report of Police Officer on Completion of Investigation.

Subsection (1) of Section 193 of the Sanhita makes it compulsory that the investigation has to be completed without unnecessary delay and should be carried out within a reasonable time frame. In Section 193 (2), Sanhita specifies that the investigation must be concluded within two months from the date on which the officer in charge first records the information. This time frame of investigation is in the context of the offences as mentioned in Sections 64, 65, 66, 67, 68, 70, and 71 of the Bharatiya Nyaya Sanhita, 2023 or offences under Sections 4, 6, 8, or Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO)

Subsection (3) states the officer in charge must forward the detailed report to a Magistrate empowered to take cognizance of the offence. This report may be sent electronically, as soon as the investigation is completed.

The report must include:

(a) the names of the parties involved;

(b) the nature of the information received;

(c) the names of the individuals who appear to be familiar with the facts of the case;

(d) whether the offence appears to be committed, and if yes, then by whom?

(e) whether the accused is in the custody;

(f) whether the accused has been released on a bond or bail bond;

(g) whether the accused has been forwarded into custody under Section 190;

(h) in cases involving certain offences (such as those under sections 64, 65, 66, 67, 68, 70, or 71), whether the report of the medical examination of the woman is attached; and

(i) the sequence of custody if an electronic device is involved.

This section provides that the police officer is required to inform about the progress of the investigation within ninety days by any means including through electronic communication to the informant or the victim.

The Supreme Court has recently held in the case of Dablu Kujur v. State of Jharkhand (2024), that the chargesheet has to follow all the particulars as mentioned in Section 173(2) of Cr.P.C. [Section 193(3) of BNSS]. The non-compliance of the same must be scrutinized by the concerned courts, where the police have submitted its Police Reports.

Cognizance of Offences: Procedures and Judicial Interpretations

A Magistrate takes cognizance of an offence in situations: -

(a) when he receives a complaint,

(b) when a Police Officer files a Charge Sheet,

(c) when the Magistrate receives information from any person other than a Police Officer or upon his knowledge that an offence has been committed.

The Court, in the case of Satya Narain Musadi v. State of Bihar (1980), held that the chargesheet report is an intimation to the Magistrate that after the investigation into the cognizable offence, the Investigating Officer has had sufficient evidence for the Court to inquire into the offence. After filing the charge sheet, it needs to be registered as a calendar case. Accordingly, the summons should be given to the accused.

After the chargesheet is filed before the Magistrate, the Magistrate has to review the report to determine the next step in the criminal proceeding. If satisfied with the evidence, the Magistrate may issue summons or warrants under Section 227 of BNSS.

When the accused appears in a case triable by the Court of Session, the Magistrate shall commit the case to the Sessions Court, send the necessary records and evidence, and notify the Public Prosecutor. Proceedings must be completed within 90 days, extendable to 180 days with reasons. Any applications by the accused, victim, or authorized person shall be forwarded to the Sessions Court with the committal. (Section 232 of BNSS)

In the case of Mariam Fasihuddin & Anr. v. State by Adugodi Police Station & Anr. (2024), the Supreme Court ruled that a Magistrate cannot take cognizance of a supplementary chargesheet unless it contains fresh evidence obtained through further investigation, reinforcing the principle under Section 193(9) of BNSS. For closure reports, the Magistrate has the discretion to either accept the report and close the case, order further investigation if any gaps remain, or take direct cognizance under Section 210 if the available evidence warrants a trial.

Procedure for Discharge, Plea of Guilty, and Examination of Witnesses in Criminal Trials

After taking cognizance and reviewing the police report, the Court, after providing copies of relevant documents under Sections 230 and 231 of BNSS, proceeds to examine the accused. Suppose the Court finds that there is no valid ground to proceed against the accused in a warrant trial. In that case, the accused shall be discharged under Section 250 for trial in Court of sessions and Section 262 for trial in Court of Magistrate.

If the accused pleads guilty, the Court records the plea and may convict them based on it under Section 252 for trial in the Court of Sessions and Section 264 for trial in the Court of Magistrate. However, if the accused refuses to plead guilty or if the Magistrate decides not to convict based on the plea, a date is fixed for the examination of witnesses under Section 265.

Commencement and Procedure of Criminal Trial Before the Sessions Court

After the completion of examining the accused and framing of charges and the hearing with regards to the framing of the charges, the most important part of the criminal trial begins, which is the trial in itself.

The Public Prosecutor presents the case (Section 248), following Chapter XIX of the BNSS, which lays down the procedure for the trial in the sessions court under Sections 248 to 260. This gives both parties a fair chance to present their best case. The trial begins with the opening statements of the Public Prosecutor, as mentioned in Section 249 of the Sanhita, who then goes on to explain the charges framed against the accused and mentions the evidence the prosecution will propose to prove the guilt of the accused.

Section 250 of BNSS stipulates a time limit of 60 days from the date of committal of the case, within which an application for discharge should be filed by the accused. Whereas Section 262 BNSS provides for discharge in warrant cases.

Framing of Charges

Framing of charges is a crucial step in the criminal procedure, marking the conclusion of the investigation and the commencement of the trial. Before charges are framed, the Magistrate or Judge must ensure that all necessary documents, including the FIR, witness statements, and other relevant evidence, are available for the examination of the accused and the framing of charges.

Charges are framed only when the Court determines that the accused is not entitled to discharge under Sections 250, 262, or 268 of the BNSS, which outline the procedures for the discharge of the accused.

The idea behind the charges is to make the accused aware of the offence(s) for which they will be tried. Moreover, the notice has to be in unambiguous language, precisely describing the nature of the accusations. Further, in Mohd. Akbar Dar And Ors. v. State Of Jammu & Kashmir (1981), the Supreme Court held that framing of charge is not the stage when the Court can enter upon meticulous consideration of evidence and the other matters available before the Court.

If in the opinion of the Judge, there is ground for presuming that the accused has committed an offence which is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class. (Section 251, BNSS)

The Court moves on to the evidence and witnesses as presented by the prosecution. The prosecution presents its witnesses under Section 253. Section 254 deals with the evidence for prosecution., and as per sub-section 2, evidence of a witness needs to be recorded by audio-video electronic means. This stage is important because it allows the prosecution to strengthen its case. At the same time, the defence gets the chance to question witnesses and point out inconsistencies.

After the prosecution, the defence gets the chance to present their case under Section 351. The accused is given a chance to explain their side. The judge will go over what the witnesses have said, and the accused can respond. This statement is not given under oath [Section 351(2)], and whatever the accused says cannot be used as direct evidence against them.

The Court in the case of Badri v. State of Rajasthan (1975), the Court held that in a situation where the prosecution witness was not allowed to be cross-examined by the defence on a material point concerning his earlier statement made before the police, his evidence stands untested by cross-examination and cannot be accepted as corroborating his previous statement.

Once the statement under Section 351 of the BNSS is recorded, the judge may permit the accused, through their counsel, to produce and examine any defence witnesses, if applicable.

Under Sections 257–258, both parties present their final arguments, analyzing the statements, evidence, and testimonies of witnesses before the Court. Based on these submissions and the material on record, the judge determines whether the accused is to be convicted or acquitted.

If convicted, as per Section 258 of the Sanhita, the judge is bound to give judgment as soon as it is possible, the time given by the Sanhita is thirty days from the date of the completion of the arguments, which could be extended to forty-five days and reasons must be be recorded in writing.

Section 258 (2) describes that if the accused is guilty, the Judge will listen to the accused about the sentence, unless section 401 applies. Then, the Judge will give the sentence according to the law.

Conclusion

As stated earlier, the criminal trial is usually long, and has its nuances; after the completion of the investigation, the actual courtroom work starts, which has to be done with the utmost caution as one mistake could potentially lead to the violation of the fundamental rights of an individual. The Court must carefully consider the arguments and evidence from both parties before delivering a final verdict.

References

[1] K. Veeraswami v. Union of India & Others, 1991 SCC 3 655

[2] Dablu Kujur v. State of Jharkhand, Criminal Appeal No. 1511 of 2024

[3] Satya Narain Musadi v. State of Bihar, (1980) 3 SCC 152

[4] Mariam Fasihuddin & Anr. v. State by Adugodi Police Station & Anr., (Criminal Appeal No. 335 of 2024)

[5] Mohd. Akbar Dar And Ors. v. State of Jammu & Kashmir, AIR 1981 SC 1548

[6] Badri v. State of Rajasthan, 1976 AIR SC 560

[7] Bharatiya Nagarik Suraksha Sanhita, 2023