CHAPTER XX
TRIAL BEFORE A COURT OF SESSION
Section 248 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Trial to be conducted by Public Prosecutor.
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Section 249 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Opening case for prosecution.
When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force,
the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
Section 250 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Discharge.
(1) The accused may prefer an application for discharge within a period of sixty days from the date of committal under section 232.
(2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Section 251 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS), Bare Act:
Framing of charge.
(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—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(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.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
Section 252 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Conviction on plea of guilty.
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
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