Cognizance, Discharge, Framing of Charge and Trial under BNSS
Once investigation culminates in a police report under Section 193 BNSS, the criminal process moves into a judicial phase: the court takes cognizance, supplies the relied-upon record, commits a Sessions case where necessary, considers discharge, frames charges and conducts the appropriate form of trial.
This article explains that complete post-investigation sequence under the Bharatiya Nagarik Suraksha Sanhita, 2023. It should be read with our guides on investigation under Sections 175–193 BNSS, bail under BNSS, arrest under BNSS and the complete BNSS section guide.
- Section 210 permits cognizance by a competent Magistrate on a complaint, a police report including one submitted electronically, information from a non-police person, or the Magistrate’s own knowledge.
- Section 213 ordinarily prevents a Court of Session from taking original cognizance unless the case has first been committed by a Magistrate.
- Section 230 requires free supply of the police report, FIR, relied-upon witness statements, Section 183 statements/confessions and relied-upon documents to the accused—and to the victim if represented by an advocate—ordinarily within fourteen days from production or appearance.
- Section 232 requires commitment of an exclusively Sessions-triable case after document supply; the committal proceeding is to be completed within ninety days from cognizance, extendable up to 180 days for recorded reasons.
- Sections 234–247 contain the general law of charge: contents, particulars, errors, alteration, recall of witnesses, joinder of offences and joint trial.
- In a Sessions case, the accused may seek discharge under Section 250 within sixty days from commitment; charge under Section 251 is to be framed within sixty days from the first hearing on charge.
- In a warrant case instituted on a police report, discharge is governed by Section 262 and charge by Section 263, with corresponding sixty-day procedural timelines.
- A summons case does not ordinarily require a formal written charge; Section 274 requires the substance of accusation to be stated, and if the accusation is groundless the Magistrate must release the accused with the effect of discharge.
- At discharge/charge stage, the court does not conduct a mini-trial. It may sift the material to determine whether the statutory ingredients and the required level of prima facie or grave suspicion exist.
- The Supreme Court in Dr. Anand Rai v. State of Madhya Pradesh, 2026 INSC 141, expressly held that the substantive discharge/charge standards continue under BNSS, while BNSS adds tighter procedural timelines and electronic-process features.
Official Statutory Framework
The official BNSS text is available through India Code. The post-investigation process spans several chapters: initiation of proceedings, complaints to Magistrates, supply and committal, charges, Sessions trials, warrant trials and summons trials. Students should avoid treating “trial” as one uniform procedure because the route differs according to the forum and classification of the case.
Part I — Cognizance under Sections 210–222
What Is Cognizance?
Cognizance is the judicial act by which a competent criminal court applies its mind to facts constituting an offence for the purpose of proceeding in accordance with criminal procedure. It is conceptually different from FIR registration, investigation, arrest, issuance of process and framing of charge. These events may occur at different stages and should not be used interchangeably.
Section 210: Modes of Cognizance by a Magistrate
A competent Magistrate may take cognizance: (a) upon receiving a complaint of facts constituting an offence, including a complaint by a person authorised under a special law; (b) upon a police report of such facts, including a police report submitted electronically; or (c) upon information from a person other than a police officer or upon the Magistrate’s own knowledge that an offence has been committed.
This provision is the BNSS successor to Section 190 CrPC. The basic doctrinal distinction remains: cognizance is taken of the offence, not merely of a police label or the investigating officer’s legal opinion.
Section 213: Court of Session Ordinarily Acts After Committal
Except where the BNSS or another law expressly provides otherwise, a Court of Session cannot take cognizance as a court of original jurisdiction unless the case has been committed by a Magistrate. This rule explains the importance of Section 232 in offences exclusively triable by the Court of Session.
Sections 215–222: Statutory Conditions and Bars
Cognizance is also subject to special statutory conditions. Sections 215–222 deal with matters such as offences against public justice and documents used in court, offences against the State and criminal conspiracy, prosecution of Judges and public servants, offences relating to marriage, specified matrimonial offences and defamation. In an examination problem, always check whether the alleged offence requires a particular complaint, sanction, authorisation or aggrieved-person initiation before assuming that cognizance can validly be taken.
Part II — Complaint Cases, Process and Supply of Documents
Sections 223–227: Complaint to Issue of Process
Section 223 regulates examination of the complainant and witnesses when cognizance is taken on complaint, subject to statutory exceptions. Sections 224–226 govern cases before an incompetent Magistrate, postponement of process and dismissal of complaint. Section 227 governs issue of process where sufficient ground exists to proceed.
Section 230: Supply of Police Report and Documents
Where proceedings are instituted on a police report, Section 230 requires the Magistrate, without delay and ordinarily within fourteen days from production or appearance of the accused, to furnish free copies to the accused and to the victim if represented by an advocate.
The statutory set includes the police report, FIR under Section 173, prosecution witness statements recorded under Section 180(3) subject to permitted exclusions, Section 183 confessions and statements, and relied-upon documents or relevant extracts forwarded with the Section 193 report. Voluminous material may be supplied electronically or made available for inspection in the manner permitted by the statute.
This stage is not a clerical formality. A discharge or charge hearing cannot be meaningfully conducted unless the accused has access to the record on which the prosecution relies.
Section 232: Commitment to the Court of Session
If the offence is exclusively triable by the Court of Session, the Magistrate commits the case after complying with Sections 230 or 231, sends the record, documents and articles to the Sessions Court and notifies the Public Prosecutor.
A major BNSS timeline is built into Section 232: the committal proceeding is to be completed within ninety days from the date of taking cognizance. The Magistrate may extend the period, for reasons recorded in writing, up to a total period not exceeding one hundred and eighty days.
Part III — General Law of Charge: Sections 234–247
Why the Charge Matters
The charge defines the precise accusation that the prosecution must establish at trial. It informs the accused of the legal and factual case requiring answer and structures the evidence, cross-examination and eventual judgment.
| Section | Rule |
|---|---|
| §234 | Contents of charge |
| §235 | Particulars as to time, place and person |
| §236 | Manner of committing offence where necessary |
| §238 | Effect of errors in charge |
| §239 | Court may alter charge |
| §240 | Recall of witnesses after alteration |
| §241 | Separate charges for distinct offences |
| §242–246 | Joinder of offences, doubtful offence, included offence and joint trial |
Error in Charge Does Not Automatically Vitiate Trial
The law focuses on prejudice and failure of justice. A mere technical defect in description, date or particular does not automatically nullify a trial if the accused understood the accusation and was not materially misled. Conversely, an error that genuinely prejudices the defence may require correction or other judicial relief.
Alteration of Charge
Section 239 permits alteration or addition of charge before judgment. Section 240 protects procedural fairness by allowing recall or re-summoning of witnesses where the altered charge makes further examination necessary, subject to the court’s control against vexatious or delaying requests.
Part IV — Sessions Trial under Sections 248–260
Sections 248 and 249: Public Prosecutor and Opening of the Case
Every Sessions trial is conducted by a Public Prosecutor. When the accused appears pursuant to commitment, the prosecutor opens the case by describing the charge and indicating the evidence proposed to establish guilt.
Section 250: Discharge in a Sessions Case
The accused may prefer a discharge application within sixty days from the date of commitment under Section 232. The Judge considers the record and accompanying documents and hears the accused and prosecution. If there is not sufficient ground for proceeding, the Judge must discharge the accused and record reasons.
The discharge stage is a judicial filtering mechanism. It prevents an accused from being subjected to a full criminal trial where the prosecution record, even taken at the legally appropriate prima facie level, does not disclose sufficient ground to proceed.
Section 251: Framing of Charge in a Sessions Case
If the Judge finds a ground for presuming that the accused committed an offence, the court proceeds to frame charge in accordance with Section 251. Where the offence is exclusively triable by the Court of Session, the written charge is to be framed within sixty days from the date of first hearing on charge.
The charge is read and explained to the accused, who may be present physically or through audio-video electronic means as permitted by the statute, and the accused is asked whether he or she pleads guilty or claims trial.
Is there sufficient ground for proceeding? If not, discharge follows.
Is there ground for presuming that the accused committed the offence? If yes, charge may be framed.
Sections 252–258: Plea, Evidence, Defence and Judgment
If the accused pleads guilty, the court records the plea and may convict in its discretion. If trial is claimed, the prosecution leads evidence. Witness evidence may, where statutorily permitted, be recorded through audio-video electronic means. After prosecution evidence and examination of the accused, the court may acquit if there is no evidence that the accused committed the offence. Otherwise, the accused enters upon defence, arguments are heard and judgment of acquittal or conviction follows.
Part V — Warrant Cases before Magistrates
Police-Report Warrant Cases: Sections 261–266
At the commencement of a warrant case instituted on a police report, Section 261 requires the Magistrate to satisfy himself that Section 230 document-supply requirements have been complied with.
Section 262 permits the accused to seek discharge within sixty days from supply of copies under Section 230. The Magistrate considers the police report and accompanying documents, may examine the accused physically or through audio-video electronic means where appropriate, hears both sides, and discharges the accused if the charge is groundless.
Section 263 governs framing of charge where there is ground for presuming that the accused committed an offence triable under the chapter which the Magistrate is competent to try and adequately punish. The written charge is to be framed within sixty days from the first hearing on charge.
Sections 264–266 then address plea of guilty, prosecution evidence and defence evidence.
Complaint Warrant Cases: Sections 267–273
The procedure differs where a warrant case is instituted otherwise than on a police report. Prosecution evidence is taken before charge. Section 268 permits discharge where, upon taking the evidence referred to in the preceding provision, no case has been made out which, if unrebutted, would warrant conviction. If the accused is not discharged, Section 269 governs the further procedure and framing of charge, followed by defence evidence and eventual acquittal or conviction.
Part VI — Summons Cases: Sections 274–282
Section 274: No Formal Charge Ordinarily Required
When the accused appears or is brought before the Magistrate in a summons case, the particulars of the offence are stated and the accused is asked whether he pleads guilty or has a defence. A formal written charge is not ordinarily necessary.
BNSS expressly provides that if the Magistrate considers the accusation groundless, the Magistrate shall record reasons and release the accused; that release has the effect of discharge.
Sections 275–278: Plea, Trial and Result
A guilty plea may be recorded and acted upon in the Magistrate’s discretion. Special rules exist for plea of guilty in certain petty cases even without personal appearance. If the accused is not convicted on plea, the Magistrate hears prosecution and defence evidence in the statutory sequence and ultimately records acquittal or conviction.
Part VII — Discharge vs Framing of Charge: Supreme Court Test
Dr. Anand Rai v. State of Madhya Pradesh, 2026 INSC 141
In Dr. Anand Rai v. State of Madhya Pradesh, 2026 INSC 141, the Supreme Court directly considered the relationship between the established CrPC jurisprudence and the corresponding BNSS discharge/charge provisions. The Court held that the substantive level of scrutiny remains one of continuity: BNSS has not raised or lowered the legal threshold merely by replacing the CrPC.
What BNSS changes is the procedural setting. It introduces express timelines for discharge applications and framing of charge and expressly accommodates electronic participation in specified situations. The court must still apply judicial mind, hear the parties and avoid turning the preliminary stage into a full appreciation of trial evidence.
Official judgment: Dr. Anand Rai v. State of Madhya Pradesh, 2026 INSC 141.
The Working Test
- The court may sift and weigh the record for the limited purpose of deciding whether a prima facie case exists.
- Material disclosing grave suspicion that remains properly unexplained may justify framing charge.
- The court is not a mere post office for the prosecution; it must apply judicial mind to statutory ingredients and broad probabilities.
- The court cannot conduct a roving inquiry, decide credibility as at trial or demand proof beyond reasonable doubt.
- If the material gives rise only to suspicion rather than grave suspicion, and the statutory threshold for proceeding is not met, discharge may follow.
- Defence material ordinarily cannot be used to convert the charge hearing into a trial, though unimpeachable legal or admitted material may become relevant in exceptional doctrinal contexts.
Leading Authorities Students Should Know
Charge stage does not require proof sufficient for conviction; strong suspicion may justify proceeding.
Court may sift material for the limited purpose of determining whether sufficient ground exists to proceed.
Consolidates principles governing discharge, grave suspicion and prohibition on a mini-trial.
Explains the limited interference appropriate against orders framing charge and the distinction between trial proof and prima facie satisfaction.
Expressly confirms continuity of discharge/charge standards under BNSS while recognising its new timelines.
Part VIII — BNSS Timeline Dashboard
| Stage | Provision | Key Timeline |
|---|---|---|
| Supply of police papers | §230 | Ordinarily within 14 days from production/appearance |
| Sessions committal | §232 | 90 days from cognizance; extendable up to 180 days for recorded reasons |
| Sessions discharge application | §250 | Within 60 days from commitment |
| Sessions framing of charge | §251 | Within 60 days from first hearing on charge |
| Magistrate warrant-case discharge application | §262 | Within 60 days from Section 230 supply |
| Magistrate warrant-case charge | §263 | Within 60 days from first hearing on charge |
Part IX — How to Solve a Charge/Trial Problem Question
- Identify how the case reached court: police report, complaint or other cognizance route under Section 210.
- Check any statutory bar, sanction or special complaint requirement under Sections 215–222 or a special law.
- Identify whether process under Sections 223–227 is relevant.
- In a police-report case, verify Section 230 supply of FIR, police report, statements and relied-upon documents.
- Determine whether the offence is exclusively triable by Sessions and, if so, apply Section 232.
- Identify the general charge rules under Sections 234–247, especially particulars, error, alteration and joinder.
- For a Sessions case, apply Sections 250 and 251.
- For a Magistrate warrant case on police report, apply Sections 261–266.
- For a complaint warrant case, apply Sections 267–273.
- For a summons case, apply Sections 274–282 and remember that formal charge is ordinarily unnecessary.
- At discharge/charge stage, test statutory ingredients and grave suspicion without conducting a mini-trial.
- Apply the relevant BNSS timeline and mention electronic-process provisions where facts require.
- Conclude with the correct next procedural stage: discharge, charge, plea, prosecution evidence, defence or judgment.
Frequently Asked Examination Questions
- What is cognizance and how is it different from FIR registration?
- Explain the three modes of cognizance under Section 210 BNSS.
- Can a Court of Session take original cognizance without committal?
- Explain the statutory restrictions on cognizance under Sections 215–222.
- Explain examination of complainant under Section 223.
- What documents must be supplied under Section 230?
- What is the fourteen-day rule under Section 230?
- Explain commitment of a case to the Court of Session under Section 232.
- What is the 90/180-day committal timeline?
- Explain the contents of charge under Sections 234–237.
- When does an error in charge vitiate proceedings?
- Can a charge be altered after trial begins?
- Explain separate and joint charges under Sections 241–246.
- Explain discharge under Section 250.
- Explain framing of charge under Section 251.
- What is the sixty-day timeline for Sessions charge?
- Explain discharge under Section 262 in a warrant case based on police report.
- Distinguish a police-report warrant case from a complaint warrant case.
- Is a formal charge necessary in a summons case?
- Explain the rule under Section 274 where an accusation is groundless.
- What is the difference between suspicion, grave suspicion and proof beyond reasonable doubt?
- Can the court conduct a mini-trial while framing charge?
- Discuss Dr. Anand Rai v. State of Madhya Pradesh, 2026 INSC 141.
One-Minute Revision
| Question | Answer |
|---|---|
| Magistrate cognizance? | Section 210 |
| Sessions original cognizance? | Ordinarily only after commitment — Section 213 |
| Issue of process? | Section 227 |
| Police papers to accused? | Section 230 |
| Commitment to Sessions? | Section 232 |
| General charge rules? | Sections 234–247 |
| Sessions discharge? | Section 250 |
| Sessions charge? | Section 251 |
| Warrant police-report discharge? | Section 262 |
| Warrant police-report charge? | Section 263 |
| Summons-case accusation? | Section 274; formal charge ordinarily unnecessary |
| Current BNSS charge authority? | Dr. Anand Rai, 2026 INSC 141 |
The BNSS post-investigation process is best understood as a structured chain: police report → cognizance → supply of record → committal where necessary → discharge or framing of charge → plea → prosecution evidence → defence → judgment.
The core judicial standards at discharge and charge remain substantially continuous with established CrPC jurisprudence, but BNSS introduces tighter timelines, electronic modes and more explicit procedural discipline. That distinction is now expressly recognised by the Supreme Court in Dr. Anand Rai.
Exam memory line: §210 cognizance → §230 papers → §232 committal → §§234–247 charge rules → §250/251 Sessions discharge/charge → §262/263 Magistrate police-report discharge/charge → §274 summons accusation.
Academic note: This material is for legal education and examination preparation. Special statutes may modify cognizance, sanction, bail and trial procedure. Students and practitioners should check the current statutory text, applicable special law and full judgments before professional reliance.