A to Z of Law of Prosecution and Conviction in Criminal Trial ( under new criminal acts, 2023)

Description

Here is an A to Z overview of the law of prosecution and conviction in criminal trials under the new criminal laws of India, 2023, namely:

Bharatiya Nyaya Sanhita, 2023 (BNS) – replacing IPC, 1860

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – replacing CrPC, 1973

Bharatiya Sakshya Adhiniyam, 2023 (BSA) – replacing Indian Evidence Act, 1872

—

A to Z of Law of Prosecution and Conviction under New Criminal Acts, 2023

A – Accused Rights
The accused is entitled to a fair and speedy trial (BNSS § 309), right to legal aid, and protection against self-incrimination (BSA § 20).

B – Bail
Revised provisions for bail with emphasis on time-bound disposal (BNSS § 479–482); anticipatory bail retained with safeguards.

C – Charge Framing
Charges must be clearly stated; opportunity to respond provided under BNSS § 251–259.

D – Digital Evidence
Wider recognition of electronic and digital records as primary evidence (BSA § 61–63).

E – Examination-in-Chief & Cross
Conducted under oath, with provisions for video conferencing (BSA § 134, BNSS § 532).

F – FIR (First Information Report)
Registration of FIR now allowed electronically with signature (BNSS § 173); Zero FIR and e-FIR provisions are retained.

G – Gender-sensitive Procedures
Special protections and procedures for women and children during investigation and trial (BNSS § 41, § 53).

H – Hearing
Trial to be conducted in open court; in-camera for sensitive cases (BNSS § 529).

I – Investigation
Investigation must be completed within 90 days, extendable with permission (BNSS § 193); use of forensics mandated in heinous crimes.

J – Juvenile Justice
No substantive change, Juvenile Justice Act continues to govern trials involving minors.

K – Knowledge of Accused
Mental element (‘mens rea’) required for most offences as under BNS, must be proved beyond reasonable doubt.

L – Legal Representation
Right