Section 520 of BNSS, 2023 — Trials Before High Courts

Introduction

Section 520 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to be followed when a trial is conducted before a High Court.

It provides that the High Court must follow the procedure prescribed by the BNSS for trials before Courts of Session, unless the BNSS or any other applicable law provides a different procedure.

Meaning of Section 520

Section 520 means that when the High Court conducts a criminal trial in its original criminal jurisdiction, it must generally follow the procedure applicable to a Court of Session.

The provision ensures that criminal trials before High Courts are conducted according to a recognised and consistent procedure.

However, if another provision of the BNSS or any special law prescribes a different procedure, that special procedure will apply.

Statutory Basis

Section 520 corresponds to Section 474 of the Code of Criminal Procedure, 1973.

It applies to criminal trials conducted before High Courts.

Object and Purpose

The main purposes of Section 520 are:

1. To provide a clear procedure for trials before High Courts.
2. To maintain consistency between trials before High Courts and Courts of Session.
3. To ensure fairness and uniformity in criminal proceedings.
4. To avoid procedural confusion.
5. To recognise special procedures provided under other laws.

Essential Elements

1. Trial before a High Court

The provision applies when the High Court conducts a criminal trial.

It is mainly concerned with trials held before the High Court in its original criminal jurisdiction.

2. Procedure of a Court of Session

The High Court must generally follow the procedure prescribed for trials before a Court of Session.

This includes the relevant rules relating to:

• Framing of charges.
• Recording of evidence.
• Examination of witnesses.
• Examination of the accused.
• Arguments.
• Judgment and sentence.

3. Subject to other provisions

The procedure under Section 520 is subject to the provisions of the BNSS and any other applicable law.

If a special law provides a different procedure, that procedure will prevail.

4. Procedural consistency

The section ensures that the trial is conducted according to established criminal procedure rather than through an uncertain or arbitrary process.

5. No separate complete procedure is created

Section 520 does not create an entirely new procedure for High Court trials. It adopts the procedure applicable to trials before Courts of Session.

Procedure

The general procedure may be understood as follows:

1. The High Court takes up a criminal trial within its jurisdiction.
2. The court identifies the procedure applicable to the case.
3. The procedure prescribed for a Court of Session is followed.
4. The court applies any special procedure required by the BNSS or another law.
5. Evidence is recorded and the accused is given an opportunity to defend themselves.
6. The court hears the arguments of the parties.
7. The High Court delivers its judgment and passes an appropriate order.

Powers of the High Court

While conducting a criminal trial, the High Court may:

• Frame or alter charges according to law.
• Record evidence.
• Examine witnesses.
• Examine the accused.
• Permit the parties to present their arguments.
• Decide questions arising during the trial.
• Deliver a judgment.
• Convict or acquit the accused.
• Pass a sentence where conviction is recorded.

Important Distinctions

Trial and appeal

Section 520 concerns the procedure for conducting a trial before the High Court. It does not deal with the procedure for hearing an appeal.

High Court trial and Court of Session trial

A High Court trial generally follows the procedure applicable to a Court of Session. However, the High Court exercises its own judicial powers and remains subject to special statutory provisions.

General procedure and special procedure

The general procedure is taken from the rules applicable to Courts of Session. A special law may provide a different procedure, which will prevail in the relevant case.

Original jurisdiction and appellate jurisdiction

The provision mainly concerns criminal trials conducted by the High Court in its original jurisdiction. It should not be confused with the High Court’s appellate, revisional, or constitutional jurisdiction.

BNSS and CrPC

Section 520 of the BNSS corresponds to Section 474 of the CrPC, 1973.

The provision continues the rule that trials before High Courts should generally follow the procedure prescribed for trials before Courts of Session, subject to any special procedure provided by law.

Common Confusions

Does Section 520 apply to every case heard by a High Court?

No. It mainly applies when the High Court conducts a criminal trial. Appeals, revisions, and other proceedings follow their own procedures.

Does the High Court become a Court of Session?

No. The High Court remains a High Court. It only follows the procedure prescribed for trials before a Court of Session.

Can a special law provide a different procedure?

Yes. The procedure under a special law may prevail over the general procedure under Section 520.

Does Section 520 deal with sentencing powers?

The section mainly deals with trial procedure. The sentencing powers of the High Court arise from the BNSS and other applicable laws.

Does this provision remove the High Court’s special powers?

No. The High Court continues to exercise its statutory and constitutional powers.

Topic at a Glance

• Section: 520, BNSS, 2023
• Subject: Trials before High Courts
• Corresponding provision: Section 474, CrPC, 1973
• Main principle: High Court trials generally follow the procedure of Court of Session trials
• Important exception: Special procedures under the BNSS or other laws may apply
• Purpose: To ensure uniformity and fairness in criminal trials

Quick Revision

Section 520 BNSS provides that criminal trials before High Courts must generally follow the procedure prescribed for trials before Courts of Session. This rule is subject to any different procedure provided by the BNSS or another applicable law.

ALSO READ: Section 519 – Extension of period of limitation in certain cases

Conclusion

Section 520 of the BNSS ensures that criminal trials before High Courts are conducted through a clear and established procedure. By applying the procedure of Court of Session trials, it promotes consistency, fairness, and procedural certainty while allowing special laws to prescribe different procedures where necessary.