Trial before a Court of Session (ss.248–260 BNSS) — BNSS (Criminal Law II) Notes

Trial before a Court of Session (ss.248–260 BNSS)

The Sessions trial is the “full-dress” criminal trial — reserved for the gravest offences (murder, rape, dacoity). It runs like a play in seven scenes, from the prosecutor’s opening to the last word on sentence. Learn the sequence in order and you can never lose your way in the answer.

A Sessions Court does not take cognizance directly; a case reaches it by commitment by a Magistrate (s.232 [s.209 CrPC]). The trial then proceeds:

Opening the prosecution case (s.248 [s.226 CrPC]). The Public Prosecutor opens by describing the charge and the evidence he will lead.
Discharge (s.250 [s.227 CrPC]). If, after considering the record and hearing both sides, the judge finds no sufficient ground to proceed, he discharges the accused, recording reasons.
Framing of charge (s.251 [s.228 CrPC]). If there is ground to presume the accused committed the offence, the judge frames a charge, reads and explains it, and asks whether he pleads guilty.
Plea of guilty (s.252). If the accused pleads guilty, the judge may convict him in his discretion.
Prosecution evidence (s.254 [s.231 CrPC]). The prosecution examines its witnesses; the defence cross-examines. New: evidence may be recorded by audio-video means.
Acquittal on no evidence (s.255 [s.232 CrPC]). If after prosecution evidence there is no evidence the accused committed the offence, the judge acquits.
Defence and arguments (ss.256–258 [ss.233–235 CrPC]). The accused enters his defence and evidence; then arguments.
Judgment of acquittal or conviction (s.258 [s.235 CrPC]); hearing on sentence (s.258(2)). On conviction, the judge must hear the accused on the question of sentence before passing it.

🔑 The hearing on sentence (s.258(2)) is mandatory — a conviction passed without it survives, but the sentence is liable to be set aside and remitted for a fresh hearing.

🧩 WORKED EXAMPLE — from commitment to sentence

Facts. M is committed to Sessions for murder. The judge frames a charge, records prosecution and defence evidence, and convicts M — but passes sentence the same moment, without asking M anything on sentence.

Rule. Section 258(2) requires the judge to hear the accused on the sentence before imposing it.

Apply. The conviction is valid, but the sentence was passed without the mandatory hearing.

Conclusion. The sentence is set aside and the case sent back for a hearing on sentence; the conviction stands.

Section 258(2) BNSS: “If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the question of sentence, and then pass sentence on him according to law.”

In Simple Terms: After convicting, a Sessions Judge must let the accused speak on how much punishment he should get, before deciding the sentence.

flowchart TD
    A["Committed to Sessions s.232"]:::root
    A --> B["PP opens case s.248"]:::leaf
    B --> C["Discharge? s.250"]:::sidebox
    C --> D["Frame charge s.251"]:::leaf
    D --> E["Prosecution evidence s.254"]:::leaf
    E --> F["Acquittal on no evidence? s.255"]:::sidebox
    F --> G["Defence + arguments ss.256-257"]:::leaf
    G --> H["Judgment s.258; hear on sentence s.258(2)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Santa Singh v. State of Punjab (1976) — the hearing on sentence is mandatory; its omission vitiates the sentence.
Union of India v. Prafulla Kumar Samal (1979) — at the charge/discharge stage the judge weighs whether a prima facie case exists, not the accused’s guilt.

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