"FLOWCHART SHOWING THE INVESTIGATION TO TRIAL PROCESS UNDER BNSS"

By: -        Natasha Rocha is a 4th year BBA LLB Law student, studying at  ISBR Law College affiliated to Karnataka State Law University.

Step-by-Step Explanation under BNSS

Introduction

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure (CrPC), lays down the detailed procedure for investigation, inquiry, trial, and appeal in criminal cases in India. The journey from the occurrence of an offence to the final judgment involves multiple legal steps designed to balance the rights of the accused with the interests of justice and victim protection.
Understanding this sequence—from the initial lodging of an FIR to the conclusion of a trial—is crucial for law students, legal practitioners, and citizens alike. The process ensures that every case moves through a structured pathway, maintaining transparency, efficiency, and adherence to due process, while integrating modern investigative tools and technology as mandated by BNSS.

1. Offence Committed

• The process begins when an offence occurs — it could be cognizable (e.g., murder, theft) or non-cognizable (e.g., defamation, minor hurt).

• Under BNSS, offences and classifications largely follow the Bharatiya Nyaya Sanhita (BNS).

2. Information to Police

• Cognizable Offence: Police must register a First Information Report (FIR).

• Non-Cognizable Offence: Police record a Non-Cognizable Report (NCR) and may require a magistrate’s order to investigate.

Key BNSS change:

• Mandatory electronic registration of FIRs is permitted in certain situations.

• Victims can now file complaints electronically, and women can lodge FIRs at any police station.

3. Investigation by Police

• Purpose: Collect evidence, identify suspects, determine facts.

• Activities include:

  • Examination of witnesses (under oath)

  • Search and seizure

  • Medical examination (if required)

  • Forensic evidence collection

BNSS Improvement:

• Mandates use of modern forensic techniques for serious offences.

• Introduces timelines for completing investigations in certain cases.

4. Arrest of Accused & Bail

• If arrest is necessary (to prevent escape, influence on witnesses, destruction of evidence), the accused is taken into custody.

• Bail can be applied for:

  • Bailable offences: Accused has a right to bail.

  • Non-bailable offences: Bail at court’s discretion.

BNSS requires mandatory videography of certain searches/arrests for transparency.

5. Completion of Investigation

• The police must complete the investigation within prescribed time limits for specific offences.

• BNSS emphasizes speedy investigation to reduce delays.

6. Police Report / Chargesheet

• For sufficient evidence → Chargesheet filed under Section 193 BNSS (replacing Section 173 CrPC).

• For lack of evidence → Closure report submitted.

7. Cognizance Taken by Court

• Magistrate examines the police report.

• If satisfied, court takes cognizance and proceeds.

• If not, court can order further investigation.

8. Framing of Charges / Explanation of Accusation

• Warrant cases: Court frames formal charges.

• Summons cases: Court explains the accusation without formal framing of charges.

9. Trial Process

• Prosecution Evidence: Witnesses and documents presented by prosecution, with cross-examination by defence.

• Defence Evidence: Accused may present witnesses/documents.

• BNSS encourages day-to-day trial hearings to avoid adjournments.

10. Arguments

• Prosecution and defence present their final submissions.

11. Judgment

• Court delivers verdict — acquittal or conviction.

• BNSS requires judgments to be made available electronically.

12. Sentencing

• If convicted, the court determines the punishment in accordance with the Bharatiya Nyaya Sanhita.

• Victim impact statements may be considered.

13. Right to Appeal

• Convicted persons have the right to appeal to higher courts within prescribed timelines.

Conclusion

The investigation-to-trial process under the BNSS represents a carefully structured framework aimed at ensuring speedy, fair, and transparent justice. By introducing stricter timelines, encouraging the use of forensic technology, mandating electronic record-keeping, and emphasizing victim rights, the BNSS modernizes India’s criminal procedure without compromising legal safeguards.
A clear understanding of each procedural step not only aids in legal compliance but also reinforces public trust in the justice delivery system. Ultimately, the BNSS seeks to make criminal trials more efficient, reducing delays that have long plagued the judiciary, and ensuring that justice is neither delayed nor denied.

Date: 11th August 2025.