CRIMINAL LITIGATION

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CRIMINAL LITIGATION

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BAILS

BAILS: ANTICIPATORY BAILS @ Sessions Courts, High Court ( Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 & Section 438 of the Code of Criminal Procedure (CrPC), 1973.

ANTICIPATORY BAILS

@ Sessions Courts, High Court ( Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 & Section 438 of the Code of Criminal Procedure (CrPC), 1973.
Purpose: Relief for Individuals who have reasons to believe that they will be apprehended or arrested by the police based on a complaint.

BAILS: REGULAR BAILS

Magistrate Court, Sessions Court, High Court and Supreme Court Section 480 in BNSS, Section 483 of the BNSS
Purpose: Relief for individuals who are in jails based on an FIR or Police Report or Charge Sheet.

INTERIM BAIL

Though the term Interim Bail is not defined in BNS, Interim Bail may be sought by parties, accused till a decision on their Anticipatory Bail is made by the Court.

DEFAULT BAIL

In certain circumstances where a charge sheet is not filed, then Section 187 (2) BNSS entitles the accused to be released on Default Bail.

Bail under Section 430(3) of BNSS

Suspension of Sentence pending Appeal:

Bail to Undertrial Prisoners: Section 479 of the BNSS

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SUMMONS & SUMMARY TRIALS BEFORE MAGISTRATE COURTS

PROCEDURE FOR TRIAL IN A SUMMONS CASE.( As per Section 251 of Cr.P.C/ Section 269 of BNSS)

Applicable section: Section 283 of BNSS: Any offence not punishable with death, life imprisonment, or imprisonment exceeding 3 years shall be tried as a Summons Case (The old Cr.P.C capped this strictly at 2 years). Examples: Lurking House-Trespass or House-Breaking (Under Sections 329 or 331 of BNS / old Sec 454, 456 IPC), Insult with Intent to Provoke Breach of Peace (Section 352 BNS / old Sec 504 IPC), Criminal Intimidation (Section 351 BNS / old Sec 506 IPC) if it is a minor category etc. They include infractions and violations, some of which are classified as misdemeanours. Petty crimes include low-value item theft, shoplifting, vandalism, public inebriation, mere assault, and erratic behaviour.

III. NO FORMAL CHARGES ARE FRAMED BY THE COURT IN A SUMMONS CASE.

STEPS:
a) Explaining the substance of the accusation to the accused. (No formal charges/Charge sheet)
b) Conviction on plea of guilty
c) Conviction on plea of guilt in the absence of the accused in petty cases.
d) HEARING OF THE PROSECUTION CASE.

Evidence for the prosecution.
Record of evidence
Personal examination of the accused.

e) HEARING OF THE DEFENCE CASE

Hearing the accused and evidence for the defence
Record of evidence for defence

ARGUMENTS.

ACQUITTAL OR CONVICTION

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WARRANTS AND WARRANT CASES BEFORE THE SESSIONS COURT.

PROCEDURE FOR TRIAL IN A SUMMONS CASE.( As per Section 251 of Cr.P.C/ Section 269 of BNSS)

A warrant trial under the Bharatiya Nagarik Suraksha Sanhita (BNSS) (Sections 261–273) applies to offences punishable by death, life imprisonment, or imprisonment exceeding two years. The exact step-by-step procedure depends on whether the case was initiated by a police report or a private complaint.
1. Common Preliminary Steps (All Warrant Cases)
1. Supply of Documents (Section 230/261 of BNSS): The Magistrate must ensure the prosecution has provided the accused with copies of the police report (chargesheet), FIR, witness statements, and other relevant documents within 14 days of the accused’s first appearance.
2. Discharge Application (Section 262 of BNSS): The accused may file an application for discharge within 60 days of receiving these documents. If the Magistrate considers the charges groundless, they will discharge the accused.
1. Cases Instituted on a Police Report
If the case is not discharged, the following procedure applies:
1. Framing of Charges (Section 263 of BNSS): If the Magistrate believes there is a prima facie case, a formal written charge is framed and read/explained to the accused.
2. Plea of Guilty (Section 264 of BNSS): The accused is asked if they plead guilty. If they do, the Magistrate records the plea and may convict them at their discretion.
3. Prosecution Evidence (Section 265 of BNSS ): If the accused denies the charge or refuses to plead, the Magistrate schedules a date to examine prosecution witnesses.
4. Examination of the Accused (Section 267 of BNSS): After the prosecution’s evidence is closed, the Magistrate examines the accused to explain the circumstances appearing in the evidence against them.
5. Defence Evidence (Section 268 of BNSS): The accused is called upon to enter their defence and produce witnesses. The court can issue a summons for defence witnesses at the accused’s request.
6. Judgment (Section 271 of BNSS): After arguments from both sides, the Magistrate will either acquit or convict the accused.
1. Cases Instituted Otherwise Than on a Police Report (Private Complaint)
1. Initial Evidence (Section 266 of BNSS): When the accused appears, the Magistrate proceeds to hear the prosecution and takes all evidence produced to support the case.
2. Discharge (Section 268 of BNSS): After taking all prosecution evidence, if the Magistrate finds no case has been made out, the accused is discharged.
3. Framing of Charge (Section 269 of BNSS): If a prima facie case is established, a formal charge is framed, read, and explained to the accused.
4. Plea and Defence (Sections 269 & 270 of BNSS): The accused is asked to plead guilty or claim a trial. If they claim a trial, the prosecution witnesses are recalled for cross-examination (if requested), followed by defence evidence and final arguments. Notable Features of BNSS Trials.
5. Trial in Absentia (Section 356 of BNSS): If the accused absconds and is declared a proclaimed offender, the trial can proceed after 90 days from the framing of charges.
6. Mandatory Forensics: For offences punishable by 7 years or more, forensic visits are mandated to integrate science into the trial process.
7. Digital Integration: The BNSS heavily promotes electronic modes for recording evidence, conducting hearings, and submitting digital devices

III. NO FORMAL CHARGES ARE FRAMED BY THE COURT IN A SUMMONS CASE.

STEPS:
a) Explaining the substance of the accusation to the accused. (No formal charges/Charge sheet)
b) Conviction on plea of guilty
c) Conviction on plea of guilt in the absence of the accused in petty cases.
d) HEARING OF THE PROSECUTION CASE.

Evidence for the prosecution.
Record of evidence
Personal examination of the accused.

e) HEARING OF THE DEFENCE CASE

Hearing the accused and evidence for the defence
Record of evidence for defence

ARGUMENTS.

ACQUITTAL OR CONVICTION

Criminal Appeals Before the High Court

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, criminal remedies before a High Court are divided into two broad categories: Appeals (a statutory right to review law and facts) and Criminal Revisions (the court's discretionary power to review legality and propriety).

Criminal Appeals before the High Court (Sections 413–435)

An appeal allows a complete re-examination of facts, evidence, and legal issues.

Who Can Appeal to the High Court?

Appeals against Conviction (Section 415): Any person convicted by a Sessions Judge, an Additional Sessions Judge, or another court that sentences them to more than 7 years of imprisonment may appeal directly to the High Court.
Appeals against Acquittal (Section 419): The State Government may direct the Public Prosecutor to appeal a lower court's acquittal. Victims also have a statutory right to appeal against an acquittal under Section 413.
Appeal for Inadequate Sentence (Section 418): The State Government or the victim may appeal if the sentence imposed by a lower court is considered too lenient or inadequate.
Special Fast-Track Timeline (Section 415(4)): Appeals involving convictions for major sexual offences under BNSS must be disposed of within 6 months from the filing date.

3. Direct Comparison: Appeal vs. Revision

Feature	Criminal Appeal (BNSS Sec 413–435)	Criminal Revision (BNSS Sec 438–445)
Nature of Right	Statutory right granted to the aggrieved party.	Discretionary power vested in the High Court.
Scope of Review	Broad review of both facts and legal points.	Narrow review focused entirely on legality and propriety.
Evidence	The court can re-appreciate existing evidence.	The court rarely interferes with factual findings.
Maintainability	Lies only against final judgments or orders.	Cannot be filed against interlocutory (interim) orders.
Exclusivity	If an appeal is available, it must be pursued.	Cannot be entertained if the party had a right to appeal but chose not to.

QUASHING OF FIR/CHARGESHEET

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (formerly Section 482 of the CrPC) is the primary statutory mechanism used to quash FIRs, charge sheets, or criminal proceedings. This inherent power is exclusively vested in the High Courts.

The framework details the mechanics of quashing and other associated reliefs:

The Power to Quash (Section 528 BNSS)

This section preserves the inherent power of the High Court to “prevent abuse of the process of any Court or otherwise to secure the ends of justice”. It is typically used in two scenarios:

No Prima Facie Case: When the allegations in the FIR or charge sheet, even if accepted as entirely true, do not disclose the commission of any offense.

Settlement/Compromise: When parties have amicably resolved disputes that have an essentially “civil or personal flavour” (e.g., family disputes, matrimonial issues, or commercial transactions), even if the underlying offense is technically non-compoundable.

DISCHARGE (SECTIONS 250 & 262 BNSS)

Before the trial begins and charges are framed, the accused can apply directly to the Trial Court (Sessions or Magistrate) for discharge if the evidence is groundless.

Sections 250 and 262 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) govern the discharge of an accused before a trial begins. They allow a judge to dismiss a case if, after reviewing police reports and hearing both sides, there are insufficient or invalid grounds to proceed.

Both sections require the accused to file a discharge application within 60 days of receiving the case documents.

Section 250: Discharge in Sessions Court Cases

Applicability: Applies to cases committed to or tried by a Sessions Court.
Process: The Judge considers the case record, documents, and submissions from both sides. If the charges are deemed groundless, the court discharges the accused and records its reasons.

Section 262: Discharge in Magistrate Warrant Cases

Applicability: Applies to warrant cases instituted based on a police report before a Magistrate.
Process: If the Magistrate finds no valid ground to proceed after perusing the police report and documents, the accused is discharged. The Magistrate must record the specific reasons for this decision.

COMPOUNDING (SECTION 359 OF BNSS):

For less serious, compoundable offences, parties can resolve the issue directly in the Trial Court without needing to petition the High Court for quashing

Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the compounding of offences, which is a legal mechanism that allows an accused and a victim to settle a criminal case mutually, resulting in the acquittal of the accused.

Offences Compoundable Only With Court Permission (Section 359(2)) of BNSS

These are more serious offences where a compromise is permitted only if the court before which the prosecution is pending grants explicit permission.

Offence	Corresponding BNS Section	Person Who Can Compound
Voluntarily Causing Grievous Hurt	Section 117(2)	The person hurt.
Cheating / Cheating by Personation	Section 318 / Section 319	The person cheated.
Criminal Breach of Trust	Section 316	The owner of the property.
Causing Miscarriage	Section 88	The woman to whom it is caused.
Bigamy (Marrying during lifetime of spouse)	Section 82(1)	The husband or wife of the offender.
Insulting Modesty of a Woman	Section 79	The woman insulted.

PLEA BARGAINING

An offence is eligible for plea bargaining under Section 289 of the BNSS only if it fulfils all of the following conditions:

Punishment Threshold

The offence must carry a maximum statutory punishment of 7 years of imprisonment or less.

No Socio-Economic Impact

The crime must not affect the socio-economic conditions of the country (the Central Government explicitly notifies these barred offences, which typically include economic fraud, hoarding, or food adulteration).

Target Profile

The offence must not have been committed against a woman or a child under the age of 14 years

Barred Offences (Strictly Excluded)

Plea bargaining is completely illegal and cannot be claimed for:

Crimes punishable by the death penalty or life imprisonment.

Crimes carrying an imprisonment term exceeding 7 years.

Offences committed against juveniles (the provisions are inapplicable to anyone covered under the Juvenile Justice Act, 2015).

Cases where the accused has previously been convicted of the exact same offence

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