Trial, Judgment & Appeals: A Complete Comparative Analysis Under CrPC & BNSS (2023)

Introduction

After FIR and investigation, the criminal justice process enters its most decisive stage — trial, judgment, and appeals.

If you missed the earlier articles in this series, read:
🔗 Arrest, Bail & Production Before Magistrate
🔗 FIR, Investigation & Evidence under CrPC/BNSS

With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023), procedures under CrPC have been reorganized to:

✔ Speed up trials
✔ Promote digital administration
✔ Strengthen victim rights
✔ Reduce pendency
✔ Improve transparency

This article presents a complete CrPC vs BNSS comparative analysis for trials, judgments, and appeals.

🌟 PART A — TYPES OF CRIMINAL TRIALS

CrPC 238–250 → BNSS 257–268

India follows four trial models:

1️⃣ Warrant Case Trial

(offences punishable above 2 years)

2️⃣ Summons Case Trial

(offences punishable up to 2 years)

3️⃣ Sessions Trial

(serious offences like rape, murder, dacoity)

4️⃣ Summary Trial

(minor offences for quick disposal)

BNSS streamlines these processes to reduce long case delays.

For complete criminal law services:
🔗 Criminal Law & Litigation Services

Official reference:
🔗 India Code – BNSS Bare Act

🌟 PART B — COMMENCEMENT OF TRIAL

CrPC 239/240 → BNSS 262/263

At this stage, the court may:

✔ Discharge the accused
✔ Frame charges (if a prima facie case exists)

BNSS Enhancements

• Mandatory reasoned orders for discharge

• Digital charge-framing allowed

• Victim must be informed about crucial hearings

For detailed BNSS updates comparison:
🔗 BNSS vs CrPC Comparative Guide

🌟 PART C — EVIDENCE DURING TRIAL

CrPC 273–299 → BNSS 279–305

Evidence includes:

✔ Examination-in-chief
✔ Cross-examination
✔ Re-examination
✔ Digital evidence
✔ Documentary evidence
✔ Forensic reports

BNSS introduces major reforms:

1️⃣ Video Conferencing for Witnesses

Especially useful for victims, senior citizens, and distant witnesses.

2️⃣ Electronic Evidence as Strong Evidence

Includes:
✔ WhatsApp chats
✔ GPS logs
✔ CCTV footage
✔ Email records
✔ Server logs

Additional official resource:
🔗 National Cybercrime Portal

3️⃣ Hostile Witness Handling Improved

Courts must record contradictions clearly.

4️⃣ Witness Protection in Sensitive Cases

Screens, remote rooms, video links.

🌟 PART D — SUMMARY TRIALS

CrPC 260–265 → BNSS 272–276

BNSS expands the scope of summary trials to reduce pendency for:

✔ Minor offences
✔ Traffic violations
✔ Local disputes
✔ Municipal offences

This supports India’s judicial efficiency mission.

For legal consultation regarding summary trials:
🔗 Legal Consultation – The Legal Court

🌟 PART E — JUDGMENT

CrPC 353 → BNSS 320

A judgment must be:

✔ Clear
✔ Written
✔ Reasoned
✔ Pronounced in open court

BNSS Improvements:

1️⃣ Digital Judgments Allowed

Court may pronounce judgments electronically.

2️⃣ Victim Notification Mandatory

Victims must receive updates about case results.

3️⃣ Quicker Judgments for Specific Cases

Time-bound disposal for certain categories.

🌟 PART F — SENTENCING

CrPC 360–366 → BNSS 331–338

Courts consider:

✔ Nature of offence
✔ Previous criminal history
✔ Mitigating/aggravating factors
✔ Compensation to victims
✔ Reform opportunities

BNSS Adds:

• Expanded victim compensation schemes

• Digital sentencing orders

• Simplified plea-bargaining procedure

For property, compensation, valuation or engineering legal matters:
🔗 Chartered Engineering & Valuation Services

🌟 PART G — APPEALS UNDER BNSS

CrPC 372–394 → BNSS 376–398

Who can appeal?

✔ Accused
✔ Victim
✔ State

Types of Appeals:

1. Against Conviction

2. Against Acquittal

3. Against Sentence

4. Revision

5. Reference

Key BNSS Reforms:

1️⃣ Victim’s Right to Appeal Strengthened

Victim can challenge acquittal or inadequate punishment.

2️⃣ Digital Filing & Notice System

Makes appeal filing faster.

3️⃣ Time-Bound Appeal Processing

Official judiciary reference:
🔗 Supreme Court of India

High Court case status:
🔗 eCourts High Court Services

🌟 Practical Illustrations

✔ Sessions Trial Example

Murder case – witnesses examined via video conferencing – digital judgment delivered.

✔ Corporate Fraud Case

Charge framed digitally – digital evidence used – fast-track trial.

✔ Appeal Example

Victim appeals inadequate sentence under BNSS victim rights clause.

✔ Summary Trial Example

Traffic offence – immediate penalty – case disposed quickly.

🌟 Corporate & Institutional Relevance

This article is vital for:

✔ HR handling misconduct
✔ Corporate compliance teams
✔ Internal fraud investigations
✔ POSH & harassment inquiries
✔ Security and vigilance officers
✔ Legal and governance officers

Explore corporate services:
🔗 Corporate Law & Compliance Services

Conclusion

BNSS modernizes India’s trial, judgment, and appeal system with:

✔ Digital evidence
✔ Faster judgments
✔ Witness protection
✔ Expanded victim rights
✔ Time-bound appeal processes

To explore related articles:
🔗 Legal Articles – Law Simplified

Author

Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
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