TRIAL

What is Trial?
The word “Trial” is not defined anywhere in the Sanhita, however, it means a commonly understood
stage of trial which begins after framing the charge and ends with the conviction or acquittal.

In simple words, trial can be defined as a formal examination of evidence by a judge, typically before
a jury, in order to decide guilt in a case of criminal or civil proceedings. [1]

Types of Trial in Indian Legal System

The trial of the accused in the Indian Criminal Law is divided through the punishments of the said
committed offence. The Trial of the accused for the offence committed by him is divided into four
types.

Session Trial– If the offence committed is punishable with more than seven years of imprisonment
or Life imprisonment or Death, the trial is to be conducted in a Sessions court after being committed
or forwarded to the court by a magistrate.

Warrant Trial– Warrant case includes offence punishable with the death penalty, imprisonment for
life and imprisonment exceeding two years. A trial in a warrant case begins either by filing an FIR in
a Police Station or by filing it before a Magistrate

Summon Trial- If the offence committed is punishable with less than two years of imprisonment, it
is taken as a summons case. In respect of this offence, it is not necessary to frame charges. Summon
is issued by the Magistrate to the accused under section 227(1) (a) of BNSS. “Summon case” means
a case relating to an offence, not being a warrant case. The procedure to deal with such matter
provided in section 274 to 282 of BNSS which is not as serious/formal as other trials (Session trial,
warrant case instituted on the police report and warrant cases instituted otherwise than on police
report).[4]

Summary Trial– Those trials in which cases are disposed of speedily with a simple procedure to
follow and recording of such trials are done summarily. In this trial only small cases are taken in
hand and complicated cases are reserved for summon and warrant trials. Legal Provisions for
summary trial are given under Section 283-288 of BNSS.
Legal Provisions For The Trials In Bharathiya Nagarika
Suraksha Sanhita
1. Sec 248-260 deal with trial of warrant cases by a Court of Session.
2. Sec 261-273 deal with trial of warrant cases by magistrates.
3. Sections 274-282 provides procedure for trial of summons cases by magistrates.
4. Sections 283-288 make provisions relating to summary trials.

Procedure in different types of Criminal Trials

Procedure of Court of Session in Criminal Trial

Chapter XIX of BNSS starting with Section 248 and ending with section 260 deals with provisions
governing the trial before a Court of Session.

The court of Sessions has to go through three stages of the Trial:

First stage of Trial

In the Court of Session, every trial is to be conducted by a Public Prosecutor (Section 248). The
Court of Session is not only accountable in taking cognizance of the offences under Section 222; it
can also take cognizance of any matter pertaining to the offence of grievous nature. To be more clear
and concise, the court of session is a court at District level providing its service only for more grave
and serious matters. The accused is brought before the court for the proof of his guilt. The first and
the foremost work of the prosecutor are to propose the evidence in the court to prove the guilt of the
accused (Section 249).

In Banwari v. State of Uttar Pradesh, their Lordships of the Supreme Court have also clearly
observed that Section 239 lays down (see page 1201) that the Sessions Court has no power under the
Code of Criminal Procedure to drop any charges under which the accused has been committed for
trial. He can, in the exercise of the powers under Section 226 of the Code of Criminal Procedure,
frame a charge, or add to or otherwise alter the charge as the case may be, in cases where a person
is committed for trial without a charge or with an imperfect or erroneous charge.[5]

If after the consideration of the evidence and the submission of the accused, the judge considers that
there is no sufficient ground for proceeding against the accused, he shall discharge the accused along
with the reason for doing so (Section 250).
If in case after consideration the court believes that there is ground for presuming that the accused
has committed an offence which is triable by the court then the court shall frame in writing a charge
against the accused of the offence but if not exclusively triable by the court of session then after
framing of charge, the case is transferred to Chief Judicial Magistrate or any Judicial Magistrate of
the first class.

The framed charges are to be read aloud and clear in front of the accused with an easy
understandable language and the accused is asked if he pleads guilty for the abovementioned charges
or not (Section 251).

Second Stage Of Trial

If the accused is well versed with framed charges and pleads guilty for the same then the Judge shall
record his plea and convict him but all depends on the discretion of the Judge. Under Section 252,
the Judge has the power of discretion to convict the accused but it is desirable that the accused is not
straight way convicted. The proper course would be to call upon the prosecution to prove its case by
adducing evidence.

If the accused refuses to plead under section 252 then the Judge shall fix a date for prosecution
examination of witnesses, production of any document etc (Section 253).

On the fixed date the Judge shall examine the witnesses, evidence may be produced in support of the
prosecution.

Third Stage of Trial

If after examining the accused and evidence given by the Prosecution, the Judge considers that there
is no evidence that the accused committed the offence; the Judge shall acquit the accused (Section
255).

If the evidence given by the prosecution clearly justify the court in framing of charges and denial of
acquittal of the accused then the defense counsel shall adduce evidence in support of his client. Even
accused can apply for the issue of any process for the attendance of any witness or the production of
any document or thing but it should not give a wrong impression to the court of defeating the ends of
Justice (Section 256).

After hearing both sides, when the issue arises for giving a Closing statement that Section 352 of the
Act apply and the Closing statement is given by defense under Section 280 and under Section 281 by
the prosecution side.

By keeping in mind all the evidence the judge should make the final Judgment.
Procedure in Warrant Trial
Chapter XX of BNSS starting with Section 261 and ending with Section 273 deals with the
provisions governing the warrant trial.

For the trial of warrants cases by Magistrate, procedures are prescribed. One is adopted by
Magistrate in cases instituted on police reports, (Sections 261 to 266 BNSS. and 271 to 273
of BNSS) and other is for cases instituted otherwise than police reports. (Sections 267
to 270 of BNSS. and 271 to 273, 310 BNSS)

Police case
First stage of trial

With the compliance of Section 230, the magistrate must satisfy himself that he has been supplied
with all the necessary documents with charge sheet (Section 261). If after consideration of the charge
sheet filed under Section 193, the magistrate considers the charge against the accused to be
groundless, he shall discharge the accused and record the reasons for such discharge (Section 262). If
in case the magistrate is of the opinion that the accused is triable then charges shall be framed against
the accused (Secton 263).

In the case of the State of U.P. vs. Lakshmi Brahman in the context of duty of Magistrate at the
stage of commitment. The Court considered the nature of duty lying upon the magistrate with regard
to observance of Section 230 Cr.P.C. and it said that the duty cast on the Magistrate by Section
230 has to be performed in a judicial manner. [6]

Second stage of trial

After framing a charge under Section 263, the Magistrate has to prove under Sec 265 of
BNSS and under subsection (3) of that Section the Magistrate is bound to
proceed to take all such evidence as may be produced in support of the prosecution. This provision
and the provisions in subsection (1) and (2) of Section 266, BNSS are mandatory. The Provisions
of Section 266 applies both to cases instituted under Police report and Private complaint.

In the case of Vijay Raj vs State of Rajasthan, the procedure to be followed after the accused is
called upon to enter his defense, is the same in both the cases instituted upon a police report and
those instituted otherwise than on police report.[7]

In the case of P.Saravanan vs State Represented by the Inspector of Police, it is pertinent to note
that the recording of the plea of guilty both in a warrant case and in a sessions case, under Section
241 under Section 229 of Cr.P.C., as the case may be, case only often, the charge has been read out
to the accused. The charge must be specific, unambiguous, very clear and the admission by the
accused must be unambiguous and unqualified unconditional.[8]
Private Complaint
First stage of trial

If the case is instituted on a private complaint and the accused is brought before the magistrate the
prosecution must satisfy itself with all the evidence produced and can issue a summon to any of its
witnesses directing him to attend or to produce any document (Section 267). After taking all the
evidence under Section 267 if the magistrate finds it suitable to discharge the accused at any previous
stage of the case considers his charges to be groundless (Section 268).

Second stage of trial

As per Section 270 the defense counsel shall produce his evidence to support the accused. If at the
framed charges against the accused the magistrate finds him no guilty then an order of acquittal shall
be released.

On the off chance that any case is organized on the objection to judge or to Police official or a
blamed individual is introduced before the justice and officer finds that there is no ground against
denounced individual then he will be released quickly by the judge, the individual who did the
protest will be called to give clarification of why he ought not pay add up to the individual against
whom blamed charges were made.

In the case of Narpat Singh vs Anr., as a matter of fact attributing uncharitable remarks and
initiation of proceedings under Section 250 Cr.P.C against the petitioners are in gross violation of
principles of natural justice. Therefore, the impugned action is per se vulnerable on this count also.
It is also noteworthy that registration of case against the accused persons by the petitioners and
thereafter carrying out investigation was pursuant to an order of the Court under Section 156(3)
Cr.P.C.[9]

Procedure in summon trial

Chapter XXI of BNSS starting with Section 275 and ending with Section 282 deals with the
provisions governing the Summon trial.

First stage of trial

On the appearance of the accused in front of the magistrate, the particulars of the offence for which
he is accused must be stated to him and ask him whether he pleads guilty for the same offences that
he is charged with (Section 274).

Where the summon has been issued to the accused under Section 229 and he, therefore, pleads guilty
for the same without appearing in front of the magistrate, he shall transmit to the magistrate by post
or through messenger. He shall also specify about the fine in summons but in case the accused does
not accept his plea of guilty then magistrate shall with his discretionary powers sentence him to pay
fine specified in his summons (Section 276).

In the case of Biru Ram vs Ishar Singh & onr., sub-section (2) of Section 276 of Criminal
Procedure Code, provides that nothing in this Section shall be deemed to prevent a Magistrate from
discharging the accused at any previous stage of the case if, for reasons to be recorded by such
Magistrate, he considers the charge to be groundless. [10]

Procedure when not convicted Under Section 275 or Section 226- Then in such a case a magistrate
shall hear the prosecution and take the evidence as may be produced in support of the prosecution or
shall issue summons to any witness directing him to attend or to produce any document or other
thing.

Second Stage of trial

Acquittal or Conviction- If the magistrate is satisfied that the accused is guilty of the charges framed
then the magistrate may convict the accused under Section 275 or Section 278 and where the
magistrate upon taking evidence under section 277 and further evidence find accused not guilty
under the framed charges then he shall record an order of acquittal of the accused.

Withdrawal of complaint- Before the final order is passed, if the complainant satisfies the
magistrate that there are sufficient grounds for him to withdraw his complaint against the accused,
and then the magistrate may permit him to withdraw the same (Section 280).

Power of court to convert summon cases in warrant cases- In the trail of summon case with an
offence punishable for a term exceeding six months, if the magistrate in the sake of interest of justice
may covert the summon case into a warrant case by following the procedure of the warrant case and
a rehearing of the case in the manner provided in the code (Section 282).

Procedure of Summary trial

Chapter XXII of BNSS starting with Section 288 and ending with Section 300 deals with the
provisions governing the Summon trial.

The foremost objective of the Summary trial is to dispose of the cases speedily.

Procedure to be followed- The procedure to be followed under summary trial is same as the
procedure specified for summons trail (Section 285).

If a sentence of fine not exceeding two hundred rupees has been passed then no chance of appeal be
given.
In every case of summary trial if the accused doesn’t plead guilty then the magistrate shall record the
substance of the evidence and the judgment that is delivered must also contain a brief statement of
the reason for coming in a particular finding (Section 287).

Section 287 emphasizes that every such record i.e. the particulars mentioned in Section
286, and the substance of evidence and judgment must be recorded in the language of the Court.

Shivaji Sampat Jagtap vs. Rajan Hiralal Arora the Hon’ble Bombay High Court observed that, “the
succeeding Magistrate, however in a case, the procedure contemplated under section 286 and
287 of the Code in particular has not been followed, he need not hold a trial de novo”, and the view
was upheld in J.V.Baharuni vs. State of Gujarat 2015.[11]

Trial in Absentia

The BNSS has introduced provisions for conducting trial in absentia of certain kinds of
accused. This allows the trial and pronouncement of judgment in the absence of the accused,
which was not provided under the previous Cr.P.C.

Trial in absentia refers to conducting a criminal trial without the presence of the
accused person in court. Earlier, Indian law did not allow trial, conviction or sentencing of any
person in absentia even for heinous offences. Under Section 355 of the BNSS, the Judge or
Magistrate may conduct a trial of an accused in his absence if it is deemed that the personal
attendance of the accused is not necessary in the interests of justice, or if the accused persistently
disturbs the proceedings in court.

The BNSS allows in-absentia trial of proclaimed offenders under specific conditions.
Section 356 of the BNSS mandates the court to proceed with the trial in absentia when a person
declared as a proclaimed offender has absconded to evade trial, and there is no immediate
prospect of arresting him. It also specifies a mandatory waiting period of ninety (90) days from
the date of framing of the charge before commencing the trial.

The BNSS provides provisions for the pronouncement of judgment in in-absentia
trials. It states that the voluntary absence of the accused after the trial has commenced shall not
prevent the continuation of the trial, including the pronouncement of the judgment, even if the
accused is arrested or appears at the conclusion of the trial.
 PROCEDURES FOR RECORDING EVIDENCE

RECORD OF EVIDENCE IN CRIMINAL CASES

1. Only relevant evidence should be recorded :- In recording evidence, magistrates

should take care to see that it is relevant and admissible under the provisions of the Indian
Evidence Act. If any objection is raised as to the admissibility of any evidence, the magistrate
should endeavour to decide it forthwith and the particular piece of evidence objected to, the
objection and the decision thereon should be clearly recorded.

2. Duty of Court to elucidate facts:-Magistrates should endeavour to elucidate the facts

and record the evidence in a clear and intelligible manner. As pointed out in 23 P.R. 1917 a
Judge in a criminal trial is not merely a disinterested auditor of the contest between the
prosecution and the defence, but it is his duty to elucidate points left in obscurity by either side,
intentionally or unintentionally, to come to a clear understanding of the actual events that
occurred and to remove obscurities as far as possible.

3. (i) Mode of recording evidence:- Section 307 to 318 of Chapter XXV Part A of
BNSS deals with mode of taking and recording of evidence in inquiries and trials.

3(ii). Procedure for Recording Evidence:- a) The depositions of witnesses shall be

recorded, in typed format, if possible. The record of evidence shall be prepared on computers, if
available, in the Court on the dictation of the Presiding Officer. Provided that in case the
language of deposition is to be recorded in a language other than English or the language of the
State, the Presiding Officer shall simultaneously translate the deposition either himself or
through a competent translator into English.

b)The deposition shall be recorded in the language of the witness and in English when
translated as provided in the sub-rule (ii) (a) above.

c) The depositions shall without exception be read over by the Presiding Officer in Court.
Hard copy of the testimony so recorded duly signed to be a true copy by the Presiding
Officer/court officer shall be made available free of cost against receipt to the accused or an
advocate representing the accused, to the witness and the prosecutor on the date of recording.”

3(iii). Format of recording evidence of witnesses:- a) The deposition of each witness

shall be recorded dividing it into separate paragraphs assigning paragraph numbers.
 b) Prosecution witnesses shall be numbered as PW-I, PW-2 etc, in seriatim. Similarly,
defence witnesses shall be numbered as DW-1, DW-2, etc., in seriatim. The Court witnesses
shall be numbered as CW-1, CW-2, etc, in seriatim. Volume-3 C

c) The record of depositions shall indicate the date of examination-in- chief, the cross-
examination and re-examination.

d) The Presiding Officers shall wherever necessary record the deposition in question and
answer format.

e) Objections by either the prosecution or by defence counsel shall be taken note of and
reflected in the evidence and decided immediately, in accordance with law, or, at the discretion
of the learned Judge, at the end of the deposition of the witness in question.

f) The name and number of the witness shall be clearly stated on any subsequent date, if
the evidence is not concluded on the date on which it begins.

3(iv) Exhibiting of material objects and evidence: - a) Prosecution exhibits shall be

marked as Exhibit P-1, P-2 etc in seriatim. Similarly, defence exhibits shall be marked as Exhibit
D-1, D- 2, etc in seriatim. The Court exhibit shall be marked as Exhibit C-1, C- 2, etc in seriatim.

b) To easily locate the witness through whom the document was first introduced in
evidence, the exhibit number shall further show the witness number of such witness after the
exhibit number. If an exhibit is marked without proper proof, the same shall be indicated by
showing in brackets (subject to proof).

c) Explanation: If Prosecution witness no. 1 (PW1) introduces a document in evidence,

that document shall be marked as Exhibit P- 1/PW1. If proper proof is not offered for that
document at the time when it is marked, it shall be marked as Exhibit P-1/PW1 (subject to
proof). The Second document introduced by PW1 shall be marked as Exhibit P-2/PW1.

d) The Material objects shall be marked in seriatim as MO-1, MO-2 etc.

3(v) Subsequent references to accused, witness, exhibits and material objects:- a)

After framing of charges, the accused shall be referred to only by their ranks in the array of
accused in the charge and not by their names or other references except at the stage of
identification by the witness.

b) After recording the deposition of witnesses, marking of the exhibits and material
objects, while recording deposition of other witnesses, the witnesses, exhibits and material
objects shall be referred by their numbers and not by names or other references.
 c) Where witness cited in the complaint or police report are not examined, they shall be
referred to by their names and the numbers allotted to them in the list of witnesses attached with
the complaint or police report.

3(vi) References to statements under section 180 and 183 BNSS.-

a) During cross-examination, the relevant portion of the statementsrecorded under

Section 180 BNSS used for contradicting the respective witness shall be extracted. If it is not
possible to extract the relevant part as aforesaid, the Presiding Officer, in his discretion, shall
indicate specifically the opening and closing words of such relevant portion, while recording the
deposition, through distinct marking.

b) In such cases, where the relevant portion is not extracted, the portions only shall be
distinctly marked as prosecution or defence exhibit as the case may be, so that other inadmissible
portions of the evidence are not part of the record.

c) In cases, where the relevant portion is not extracted, the admissible portion shall be
distinctly marked as prosecution or defence exhibit as the case may be.

d) The aforesaid rule applicable to recording of the statements under Section 180 shall
mutatis mutandis apply to statements recorded under Section 183 of the BNSS whenever such
portions of prior statements of living persons are used for contradiction/corroboration.

e) Omnibus marking of the entire statement under Section 180 and 183 BNSS shall not
be done.

3(vii) Marking of confessional statements.- The Presiding Officers shall ensure that
only admissible portion of Section 6 or Section 23(2) BSA,2023 is marked and such portion
alone is extracted on a separate sheet and marked and given an exhibit number.”

4. Comparison of memorandum with vernacular statement:- An omission to record

the memorandum referred to above cannot be justified except under circumstances which render
it impossible for the magistrate to record it. Want of time cannot be accepted as a valid excuse.
In these cases the magis- trate should be careful to follow the deposition of each witness, when it
is read over to him in the vernacular in accordance with section 401 of BNSS, and observe
whether his memorandum is in conformity therewith. Any apparent discrepancy between the
vernacular statement and the English memorandum should be explained in a note by the
magistrate under the memorandum. Considerable differences are often found between the
English and vernacular records owing to a neglect to put these instructions into practice.

5. English Record:- The High Court expects every Sessions Judge, District Magistrate
and Magistrate exercising powers under section 24 of the Sanhita to be able to cause the
evidence of each witness as it proceeds to be taken down in writing from his dictation in open
court. Where it is necessary to make a memorandum of the evidence, it should be kept in English
and be as full as possible. Magistrates are not considered eligible for enhanced powers under
section 30 unless they are able to keep a proper record in English.

6. Evidence to be taken down in full :- Sessions Judges and Magistrates of Districts

should see that the procedure above prescribed is followed strictly, and that in all criminal cases
tried by magistrates the evidence is taken down in full by the magistrate who tries the case,
where he is required to do so by law.

7. Statement of witness to be read over:- The statement of a witness must be read over
to him in the presence of the accused, if in attendance, or of his pleader and corrected if
necessary according to the provisions of Section 401 of the Sanhita. In this connection please
see I.L.R., 1927 Rangoon 53 (P.C.) A. I . R . 1927 Privy Council 44.

8. Evidence and judgments in summary trials:- In those summary cases in which an

appeal would not lie no evidence need be recorded; but the magistrate should record the
particulars mentioned in section 286 of the Code in the register prescribed for the purpose. But in
summary cases in which an appeal would lie the magistrate or Bench shall record the substance
of the evidence and also the particulars mentioned in section 286 and shall before passing any
sentence, record a judgment in the case (Section 287).

9. Particulars of witnesses or parties to be noted:- Care should be taken to record the

parentage, age, place of residence, and, except in the case of con- verts to Christianity, caste of
parties and witnesses. At the request of the Punjab Government, judicial officers are directed to
refrain in all judicial proceedings from adding any caste designation to the names of known
converts to Christianity, unless such designation be absolutely necessary for the identification of
the party referred to. When a person is known by two names, or his precise name is doubtful,
both should be given or the doubt cleared up. It should also be noted whether a witness is called
by the prosecution, or by the defence, or by the Court.

10. Cross-examination and re-examination to be distinguished by a note in the

margin:- Care should be taken to distinguish the cross- examination and re-examination of
witnesses by a note in the margin. If a witness is not cross-examined the record should show that
the accused did not wish to do so.

11. Illegible record:- The memoranda of evidence, the depositions or statements should
be carefully written in a legible manner. In cases forwarded to the High Court, in which from any
cause the memoranda or deposition and judgments should be submitted with the record of the
case.

12. Documents on record should be duly proved:- (i) Care should be taken to see that
all documents placed on the record, for example, the first information report, plan of the spot,
medical certificates, etc., are duly proved. The reports of the Chemical Examiners, the reports of
the Chief Inspector of Explosives, the Director of Finger Print Bureau or an officer of the Mint
upon any matter or thing duly submitted to any of them for examination or analysis may be used
as evidence in any proceed analysis may be used as evidence in any proceeding under the
Sanhita. The Court may, and if so required by any party shall, summon and examine any such
officers as to the subject-matter of the report.

Evidence on affidavits:- A evidence of a formal character may be given by affidavits,

and subject to all just exceptions be read as evidence in proceedings under the Sanhita. Here
again the Court may, and if so required by any party shall, examine the deponent as to the facts
contained in his affidavit.

13. Demeanour of witnesses:- Magistrates should not omit to make a note about the
demeanour of a witness when such is noteworthy and affects their estimate of the value the
evidence given by the witness

14. Record to contain a brief note of all material orders passed:- Each record or
memorandum of should be dated and the record of a case made by a magistrate or Sessions
Judge should not only contain depositions or memoranda of evidence, according as the evidence
is or is not recorded by him in full, but also, in its proper place, a short note of every material
order made during the inquiry or trial, with the date on which such order was made.

Every order of adjournment must be entered, and the date on which the inquiry was
resumed should he apparent. Notes – Orders to be written by the Magistrate in his own hand:-
All notes and orders recorded by Presiding officer (e.g., orders of adjournment, notes regarding
the presence of witness) other than depositions, orders deciding any matter in dispute and the
final judgment, should be written by the Presiding Officer in his own hand- writing or from his
dictation and signed and dated and appended to the record. Each ‘order’ or ‘note’ should be
clearly marked as such.
 WITNESS PROTECTION SCEHEME

Witnesses are ' eyes and ears of justice who aid the court in deciding upon a case, thereby
bringing the offender to justice. They play an indispensable role within an adversarial criminal
justice system by performing a sacred duty of assisting the court to discover the truth and are
capable of changing the course of the entire case. Thus, the truthfulness and veracity of witness
testimony becomes the touchstone of justice. Ensuring that witnesses are able to testify without
any threat, intimidation or injury is, therefore, an essential aspect of the criminal justice process.
The BNSS has legally introduced Witness Protection Scheme.

This is in line with recent observations by High Courts / Supreme Court. BNSS Sec 398
states every State Government shall prepare and notify a Witness Protection Scheme / WPS for
the State with a view to ensure protection of the witnesses. This clause is an entirely new
addition proposed in the criminal procedural framework and requires state governments to
prepare and notify schemes for witness protection. In 2018, the Supreme Court in Mahender
Chawla Case declared this WPS scheme to be law until the Parliament or various state
governments prepared and notified their own Witness Protection Schemes.

Although various provisions in the IPC, IEA and CrPC recognise the vulnerabilities
faced by witnesses and provide some support, the 2018 order of the Supreme Court was the first
to develop a comprehensive approach towards ensuring the protection of witnesses in criminal
proceedings. The 2018 scheme took an expansive approach to establish a holistic legal and
institutional framework for the protection of witnesses.

This included categorising risk / vulnerability levels of witnesses; procedures for witness
protection; introduction of threat analysis reports by the police to gauge the level of protection
required by witnesses; and constituting a body comprising police officials and Sessions / District
Court judges to implement and oversee its functioning. In 2019, MHA had issued instructions
regarding Witness Protection Scheme to all States / UTs vide No. 24013 / 35 / 2016 - CSR.III
Dated January 14, 2019. MHA had requested all States / UTs to take appropriate steps to enforce
the Witness Protection Scheme, 2018 in letter and spirit and that it shall be the 'law' under Article
141/142 of the Constitution.

In view of the earlier request and the current provisions in BNSS, such a scheme may be
brought out in all States / UTs.
 BNS BNSS BSA
As it is said “Witnesses are the BNSS, 2023 Unveils the Shield of In cases involving heinous
eyes and ears of justice and they Witness Protection: The new law crimes, witnesses turn hostile
are our silent heroes, advocating clearly emphasizes that Witness because of threat to life and
for Justice. Protection is not just a legal property. Witnesses feel that
”The ability of a witness to give provision but it's a commitment there is no statutory legal
testimony in a judicial setting or to justice. Hence, with an aim to obligation on the part of the
to cooperate with law guard the witnesses against state to extend any protection to
enforcement agencies and IOs criminal conduct, deter the them.
without fear of intimidation is lawbreakers and sanction those Hon’ble Supreme court of India
essential in maintaining the rule who violate or attempt to violate has also observed that “no
of law. the laws of the land and to country can afford to expose its
Therefore, a uniform Witness protect the witnesses from harm morally correct citizens to the
Protection Scheme is required to and ensure their safety a new peril of being harassed by anti-
be in place. section has been added in BNSS. social elements” Just like the IEA,
The New Law has Responsive Section 398 of BNSS: A Game- 1872, the BSA, 2023 also
Legal Framework, Aligning with Changer in Witness Safety This emphasis on the importance or
Judicial Observations. groundbreaking addition ensures relevance of statement of
The Indian Penal Code (IPC) had witness safety becomes an witnesses during trial. Like
Section 195A, which states that integral part of the criminal Section 55 of BSA, 2023
threatening any person to give procedural framework and every emphasis on oral evidences by
false evidence will be punishable State Government is mandated witnesses in different
up to 7 yrs or fine or both. under Section 398 to prepare circumstance and its relevance
This provision is also carried and notify a Witness Protection during trial.
forward in the New law and the Scheme (WPS). Hence it becomes the duty of
section will now be read as Safeguarding Justice: Witness the state to protect the Witness
Section 232 of BNS. Protection Scheme A significant and uphold their right to testify
stride: BNSS, 2023 introduces without fear.
the Witness Protection Scheme, The new law for the Witness
acknowledging the critical need Protection Scheme stands as a
to shield witnesses from threats formidable shield, safeguarding
and intimidation. witnesses against threats,
The witnesses will be categorizes intimidation, and injury.
into three groupsbased on the The scheme provides for witness
threat perceived against them. protection measures such as
Category A witnesses have a witness identity change,
direct threat to their life or those relocation, installation of
of their family members, security equipment at witnesses’
Category B witnesses have a residences, etc.
threat to their safety, reputation,
or property, and Category C
witnesses have a lesser threat.