TRIAL BEFORE A COURT OF SESSION
CHAPTER XIX
248. Trial to be conducted by Public Prosecutor
249. Opening case for prosecution
250. Discharge
251. Framing of charge
252. Conviction on plea of guilty
253. Date for prosecution evidence
254. Evidence for prosecution
255. Acquittal
256. Entering upon defence
257. Arguments
258. Judgment of acquittal or conviction
259. Previous conviction
260. Procedure in cases instituted under sub-section (2) of Section 222
Based on Chapter XIX (Trial Before a Court of Session) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are the 30 preliminary examination questions.
BNSS Chapter XIX: Trial Before a Court of Session (Sections 248–260)
Q1. Under Section 248, who is the authorized person to conduct a trial before a Court of Session?
A) The Magistrate who committed the case.
B) The Public Prosecutor.
C) The Superintendent of Police.
D) Any Advocate-on-Record.
Q2. When the prosecutor opens his case under Section 249, he is required to:
A) Produce all witnesses immediately for examination.
B) Describe the charge and state the evidence by which he proposes to prove the guilt.
C) Read out the confession of the accused.
D) Request the Judge to frame charges without hearing the accused.
Q3. (New BNSS Update) According to the procedural rules of Section 250, within what period from the date of commitment may an accused prefer an application for discharge?
A) Thirty days.
B) Sixty days.
C) Ninety days.
D) Any time before the first witness is examined.
Q4. A Judge shall discharge an accused under Section 250 if, after hearing both sides and considering the record, he considers that:
A) The accused is likely to be acquitted eventually.
B) There is not sufficient ground for proceeding against the accused.
C) The Public Prosecutor is not ready with witnesses.
D) The accused has already spent time in jail during investigation.
Q5. (New BNSS Update) Under Section 251(1)(b), a Judge shall frame in writing a charge against the accused within a period of sixty days from:
A) The date of arrest of the accused.
B) The date of the first hearing on charge.
C) The date of commitment of the case.
D) The date of filing the police report.
Q6. According to Section 251(2), when a charge is framed, it must be read and explained to the accused present:
A) Only in physical presence.
B) Only through an advocate.
C) Either physically or through audio-video electronic means.
D) In the presence of two respectable witnesses.
Q7. If an accused pleads guilty to a charge under Section 252, the Judge:
A) Must acquit the accused.
B) Shall record the plea and may, in his discretion, convict him thereon.
C) Must transfer the case to a Magistrate for sentencing.
D) Has no power to convict and must proceed with the trial.
Q8. Under Section 253, if the accused refuses to plead or claims to be tried, the Judge shall:
A) Pass a judgment of conviction immediately.
B) Fix a date for the examination of witnesses.
C) Discharge the accused for lack of confession.
D) Order a fresh investigation by a different agency.
Q9. (New BNSS Update) Section 254(2) specifically provides that the deposition of evidence of which category of witnesses may be taken through audio-video electronic means?
A) Only child witnesses.
B) Any public servant.
C) Only the complainant.
D) Only witnesses residing outside India.
Q10. Regarding prosecution evidence under Section 254(3), the Judge has the discretion to:
A) Refuse cross-examination entirely.
B) Permit cross-examination of any witness to be deferred until other witnesses have been examined.
C) Direct the accused to pay for the prosecution witnesses' travel.
D) Record evidence only in the absence of the Public Prosecutor.
Q11. Under Section 255, a Judge shall record an order of acquittal if:
A) The accused pleads not guilty.
B) After taking prosecution evidence and hearing both sides, he considers there is no evidence that the accused committed the offence.
C) The victim fails to appear in Court for three consecutive hearings.
D) The case is not completed within one year.
Q12. When an accused is called upon to enter his defense under Section 256, if he puts in any written statement:
A) The Judge shall reject it if not on an affidavit.
B) The Judge shall file it with the record.
C) The Public Prosecutor must sign it first.
D) It must be published in a local newspaper.
Q13. According to Section 257, after the defense witnesses are examined, who is entitled to the final reply in arguments?
A) The Judge.
B) The Public Prosecutor.
C) The accused or his advocate.
D) The victim's representative.
Q14. (New BNSS Update) Under Section 258(1), the Judge shall give a judgment in the case, as soon as possible, within ______ from the date of completion of arguments.
A) Fourteen days. B) Thirty days. C) Sixty days. D) Ninety days.
Q15. Under Section 258(1), the timeline for delivering a judgment can be extended for recorded reasons to a maximum of:
A) Forty-five days. B) Sixty days. C) Seventy-five days. D) One hundred days.
Q16. If an accused is convicted under Section 258(2), the Judge is mandated to:
A) Pass the sentence immediately without talking to the accused.
B) Hear the accused on the question of sentence and then pass sentence according to law.
C) Refer the case to the High Court for every conviction.
D) Ask the victim to decide the punishment.
Q17. Section 259 deals with the procedure for previous convictions. At what stage can the Judge take evidence of a previous conviction if the accused does not admit it?
A) At the beginning of the trial.
B) Immediately after framing the charge.
C) After the accused has been convicted under Section 252 or Section 258.
D) Only during the appeal stage.
Q18. Section 260 applies to trials for defamation of high dignitaries (President, VP, Ministers, etc.). In such cases, the Court of Session takes cognizance:
A) Only after committal by a Magistrate.
B) Without the case being committed to it, upon a written complaint by the Public Prosecutor.
C) Only if the High Court directs it.
D) Only upon a police report.
Q19. Under Section 260(2), a trial for defamation of the President or a Minister shall be held:
A) In a public stadium.
B) In camera, if either party desires or the Court thinks fit.
C) Only in the presence of the Governor.
D) Always through written submissions only.
Q20. If a Court of Session acquits an accused in a Section 260 defamation trial and finds the accusation was without reasonable cause, it may order the complainant to pay compensation not exceeding:
A) One thousand rupees.
B) Two thousand rupees.
C) Five thousand rupees.
D) Ten thousand rupees.
Q21. Statement I: Taking cognizance under BNSS means taking notice of the offenders.
Statement II: Taking cognizance means taking notice of the offence.
A) Only I is correct.
B) Only II is correct.
C) Both are correct.
D) Neither is correct.
Q22. Assertion (A): The Judge must record reasons when discharging an accused under Section 250.
Reason (R): It ensures judicial accountability and provides a basis for potential revision by a higher Court.
A) Both A and R are true, and R is the correct explanation.
B) Both are true, but R is not the explanation.
C) A is true, R is false.
D) A is false, R is true.
Q23. Problem: A Magistrate commits a murder case to the Court of Session. The accused applies for discharge 80 days after the commitment. Can the Judge entertain this under Chapter XIX?
A) Yes, timelines are only for the prosecution.
B) No, the procedural rule mandates the application be within 60 days.
C) Yes, if the accused pays a fine.
D) Only with the written consent of the Chief Justice.
Q24. Analytical Check: According to case law (Sanjay Gandhi v. UOI), does a committing Magistrate have the power to discharge an accused in a Sessions-exclusive case?
A) Yes, it saves the Sessions Court's time.
B) No, the committing Magistrate has no such power; discharge must be done by the Sessions Judge.
C) Only if the police report is negative.
D) Only in bailable offences.
Q25. (New BNSS Update) Which provision allows the victim to engage an advocate to assist the prosecution in a trial before a Court of Session?
A) Section 248.
B) Section 18(8) Proviso (applicable via Section 338 context).
C) Section 260 only.
D) Victims have no right to engage advocates in Sessions trials.
Q26. Under Section 260(3), who is EXEMPTED from the threat of paying compensation for a groundless accusation in a defamation trial?
A) Any Public Servant.
B) The Public Prosecutor.
C) The President, Vice-President, or Governor of a State.
D) A Member of Parliament.
Q27. How is compensation awarded under Section 260 recovered if not paid?
A) Through community service.
B) As if it were a fine.
C) By attachment of salary only.
D) It cannot be recovered; it is a moral obligation.
Q28. Logic Check: Why is Section 259 (Previous Conviction) handled after the conviction in the current trial?
A) To prevent prejudice in the Judge's mind regarding the current guilt of the accused.
B) Because previous convictions are usually fake.
C) To save the time of the Court.
D) Because the accused is already in jail.
Q29. True or False: According to Section 254(1), the evidence of a witness in a Sessions Trial may be recorded by audio-video electronic means.
A) True.
B) False.
Q30. Under Section 260(8), compensation shall NOT be paid to the accused until:
A) The accused is released from jail.
B) The period for appeal has elapsed or the appeal has been decided.
C) The State Government grants permission.
D) The victim apologizes in writing.
Answer Key
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B
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B
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B [Relates to procedural timelines in S. 250/262]
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B
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B
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C
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B
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B
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B
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B
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B
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B
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C
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B
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A
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B
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C
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B
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B
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C
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B
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A [Procedural Logic]
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B [Relates to Ch XIX/XX procedural limits]
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B [385/429 context]
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B [534 context]
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C
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B
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A [438 context]
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A
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B
Based on Chapter XIX (Trial Before a Court of Session) of the Bharatiya Nagarik Suraksha Sanhita, 2023, here are 10 statement or problem-based questions designed for practice.
Q1. Consider the following statements regarding the application for discharge under Section 250:
Statement I: An accused person must prefer an application for discharge within sixty days from the date of commitment of the case.
Statement II: The Judge is not required to record reasons if he decides to discharge the accused.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both statements are correct.
D) Neither statement is correct.
Q2. A Sessions Judge, after considering the record of a committed case, believes there is ground for presuming the accused committed an offence, but that offence is not exclusively triable by the Court of Session. According to Section 251, what action can the Judge take?
A) He must try the case anyway as it was committed to him.
B) He may frame a charge and transfer the case for trial to the Chief Judicial Magistrate.
C) He must discharge the accused for lack of original jurisdiction.
D) He must return the case to the police for a fresh investigation.
Q3. Evaluate the following statements regarding the framing of charges under Section 251:
Statement I: For offences exclusively triable by the Court of Session, the Judge shall frame the charge in writing within sixty days from the date of the first hearing on the charge.
Statement II: The charge must be read and explained to the accused, and this may be done through audio-video electronic means.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both statements are correct.
D) Neither statement is correct.
Q4. Under Section 254, which of the following is a new procedural update regarding the recording of evidence in a Sessions Trial?
A) All witnesses must be examined in the physical presence of the Judge only.
B) The deposition of evidence of any public servant may be taken through audio-video electronic means.
C) Cross-examination of witnesses cannot be deferred under any circumstances.
D) Evidence of the complainant must always be recorded by a woman Magistrate.
Q5. 'A' is facing trial for murder. After the prosecution evidence is taken and the accused is examined, the Judge considers that there is no evidence that 'A' committed the offence. According to Section 255, what is the mandatory next step?
A) The Judge must call upon 'A' to enter his defense.
B) The Judge shall record an order of acquittal.
C) The Judge must stay the proceedings and refer the matter to the High Court.
D) The Judge should ask the Public Prosecutor to bring more witnesses.
Q6. Regarding the delivery of judgment under Section 258, consider these statements:
Statement I: The Judge shall give a judgment within thirty days from the date of completion of arguments.
Statement II: This period can be extended to a maximum of sixty days for reasons recorded in writing.
A) Only Statement I is correct.
B) Only Statement II is correct.
C) Both statements are correct.
D) Neither statement is correct.
Q7. In a case where an accused is charged with a previous conviction under Section 259, at what stage can the Judge take evidence regarding that previous conviction if the accused does not admit it?
A) At the very start of the trial to establish the accused's character.
B) Immediately after the charge for the current offence is framed.
C) Only after the Judge has convicted the accused of the current offence.
D) After the arguments on the current offence but before the judgment is signed.
Q8. A Public Prosecutor files a written complaint for the defamation of a Minister of a State regarding his conduct in the discharge of public functions. Under Section 260, how does the Court of Session handle this?
A) It must wait for a Magistrate to inquire and commit the case.
B) It takes cognizance of the offence as a Court of original jurisdiction without the case being committed.
C) It must transfer the case to a Judicial Magistrate of the first class.
D) It can only proceed if the Minister personally files the complaint.
Q9. During a defamation trial of a high dignitary under Section 260, the Court acquits the accused and finds there was no reasonable cause for the accusation. What is the maximum compensation the Court can order the complainant to pay to the accused?
A) One thousand rupees.
B) Two thousand rupees.
C) Five thousand rupees.
D) Ten thousand rupees.
Q10. Problem: An accused person is brought before the Sessions Court 45 days after the case was committed. He wishes to file a discharge application on the 70th day after commitment. Is this application maintainable?
A) Yes, because the trial has not yet commenced.
B) No, because Section 250(1) mandates that the application must be preferred within sixty days from the date of commitment.
C) Yes, if the Judge grants a special leave for delay.
D) No, because discharge applications are only allowed in warrant-cases before Magistrates.
Answer Key and Citations
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A — Section 250(1) sets a 60-day limit; Section 250(2) requires recording reasons for discharge.
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B — Under Section 251(1)(a), the Judge may frame a charge and transfer the case to the CJM or a JMFC.
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C — Section 251(1)(b) mandates framing the charge within 60 days; Section 251(2) allows for audio-video electronic means.
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B — Section 254(2) specifically allows public servants to give evidence via audio-video electronic means.
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B — Section 255 states the Judge shall record an order of acquittal if there is no evidence against the accused.
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A — Section 258(1) requires judgment within 30 days, extendable only to 45 days (not 60).
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C — Section 259 provides that evidence for previous conviction is taken after the current conviction is recorded.
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B — Section 260(1) allows the Court of Session to take original cognizance upon a written complaint by the Public Prosecutor.
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C — Section 260(4) limits compensation for groundless accusations in such defamation trials to five thousand rupees.
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B — Section 250(1) provides a strict 60-day window from the date of commitment for discharge applications.
READY RECKONER - Fun Way
This "Sessions Court Navigator" serves as a quick ready reckoner for Chapter XIX (Sections 248–260) of the BNSS, 2023, which outlines the procedure for trials conducted before a Court of Session.
1. The Prosecution's Lead (Sections 248–249)
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Conducted by Public Prosecutor: Every trial before a Court of Session must be conducted by a Public Prosecutor.
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Opening Statement: The prosecutor begins by describing the charge and stating the evidence they intend to use to prove the accused's guilt.
2. The First Filter: Discharge (Section 250)
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The 60-Day Window: The accused has a specific period of sixty days from the date of commitment to prefer an application for discharge.
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The Decision: If the Judge finds no sufficient ground for proceeding after hearing both sides and considering the record, the accused is discharged with reasons recorded.
3. Framing the Charge (Section 251)
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The 60-Day Timeline: If grounds for a trial exist, the Judge must frame the charge in writing within sixty days from the date of the first hearing on the charge.
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Tech Integration: The charge must be read and explained to the accused, which can now be done physically or through audio-video electronic means.
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Transfer Power: If the offence is not exclusively triable by the Sessions Court, the Judge may frame a charge and transfer the case to the Chief Judicial Magistrate or a Magistrate of the first class.
4. The Plea and Evidence Stages (Sections 252–255)
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Plea of Guilty: If the accused pleads guilty, the Judge records the plea and may convict them at their discretion.
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Prosecution Evidence: If a trial is required, the Judge fixes a date to take all evidence produced by the prosecution.
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Modern Deposition: Evidence of witnesses, particularly public servants, may be recorded through audio-video electronic means.
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Interim Acquittal: If, after the prosecution's evidence and examination of the accused, the Judge considers there is no evidence against them, an order of acquittal is recorded immediately.
5. Defense and Final Arguments (Sections 256–257)
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Entering Defense: If not acquitted, the accused is called to produce their evidence and may file a written statement.
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Argument Sequence: After the defense evidence is complete, the Prosecutor sums up the case, and the accused or their advocate is entitled to the final reply.
6. The Judgment Gate (Section 258)
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Strict Timelines: The Judge shall deliver the judgment within thirty days of completing arguments.
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Limited Extension: This period can only be extended to a maximum of forty-five days for reasons recorded in writing.
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Sentencing Hearing: If the accused is convicted, the Judge is mandated to hear the accused on the question of sentence before passing it, unless they are released on probation.
7. Special Procedures (Sections 259–260)
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Previous Convictions: Evidence of a previous conviction is only taken after a conviction in the current trial is recorded, ensuring the current trial remains unprejudiced.
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Defamation of High Dignitaries: For offences against the President, VP, or Ministers, the Sessions Court takes original cognizance on a written complaint by the Public Prosecutor without needing a commitment from a Magistrate.
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Groundless Accusations: In such defamation trials, if the accusation is found to be without reasonable cause, the Court can order compensation up to five thousand rupees.