Understanding Timelines Set By BNSS (New CrPC) For Investigation, Trial Procedure, Judgment Etc

Timeline For Preliminary Enquiry before FIR

Section 173(3) of BNSS has given statutory recognition to preliminary enquiry for cases punishable with three years or more but less than seven years. Pertinently, the enquiry shall be carried out within a period of fourteen days in cases where there exists a prima facie case. However, in cases where the prima facie case already exists, the officer is required to proceed with the investigation.

For convenience, Section 173(3) reads as:

“(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,-

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.”

Timeline For Submission Of Medical Report Examining Rape Victims

As per Section 184 of the BNSS, it is being proposed that the woman against whom rape is alleged or attempted to have been committed or attempted will be examined by a registered medical practitioner. Accordingly, such a woman shall be sent to such registered medical practitioner within twenty-four hours of receiving the information of such an offence. Following this, an examination shall be conducted, and within a period of seven days, the medical practitioner shall forward the report to the investigating officer.

Section 184(6), which prescribes the timeline reads as:

“(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.”

Timeline For Supply of Relevant Documents To The Victim And The Accused

In cases instituted on a police report, Section 230 of the BNS prescribes fourteen days for the supply of relevant documents to the accused as well as to the victim. These fourteen days shall commence for the date of production or appearance of the accused. At the outset, the Section states:

“230. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following: …”

Timeline for Framing of Charges and Filing Discharge Application

In order to ensure prompt trial and minimize delays, a sixty-day timeline has been given for framing the charges. This period will be counted from the first hearing on charge. While Section 251 prescribes this timeline for trial in session cases, Section 263 is for warrant cases. For convenience, Section 251(b) reads as:

"251. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge…"

Similarly, a sixty-day window has been prescribed for filling out the discharge application by the accused. Section 250 mandates the same for sessions cases and Section 262 for warrant cases. The relevant portions of these Sections are reproduced below:

“250. (1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232….”

“262. (1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230….”

Timeline For Pronouncing Judgment In A Criminal Trial

Section 258 of the BNSS prescribes that a judge, after hearing the arguments, shall give its verdict within a period of thirty days (extendable up to 45 days). For convenience, the concerned portion of the provision reads as:

“258. (1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.”

Pertinently, Section 353 of the CrPC states that the Judgment in any criminal court shall be pronounced either 'immediately after the termination of the trial' or 'at some subsequent time.'

In this regard, it may be noted in the decision of Anil Rai vs State of Bihar (2001), the Supreme Court has interpreted these words 'subsequent time'. The Court held that the same could at most be stretched to six weeks and not beyond that time in any case. In civil cases, the maximum timeline prescribed was two months. The Court also observed that these words contemplate the passing of the judgment without undue delay, as delay in the pronouncement of judgment is opposed to the principle of law.

Accordingly, detailed guidelines were issued for timely pronouncements of judgments. These guidelines included:

“i. That Chief Justice of the High Courts, on their administrative side, should direct the Court Officers/ Readers of the various Benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that months.

ii. If the judgment, for any reason, is not pronounced within a period of six months, any of the parties of the said lis shall be entitled to move an application before the Chief Justice of the High Court with a prayer to withdraw the said case and to make it over to any other Bench for fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order as deems fit in the circumstances.”

Timeline For Discharging The Accused If Complainant Remains Absent In The Court

While the current CrPC does not have any timeline for discharging the accused in case of complainant fails to appear in the court, BNSS prescribes thirty days for the same. Section 272 of the BNSS grants discretion to the magistrate to discharge the accused in cases where the complainant remains absent event after giving thirty days' time to be present. Pertinently, this is for cases instituted on complaint. 

The concerned provision read as follows:

“272. When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days' time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.”

Timeline For Informing About the Progress of Investigation To Victims

Apart from the above-specified timelines, BNSS also mandates that the police officer shall inform the progress of the investigation to informant or victim within a period of ninety days. Means of informing also include electronic communication. Section 193(3)(ii) reads as:

“(ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim.”

Timeline For Further Investigation

Section 193(9) of the BNSS prescribes a ninety-day time limit for further investigation. Any extension beyond this ninety-day period shall be made with the Court's prior permission. The concerned provision reads as:

“(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.”

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