Trial Provisions — Sessions and Magistrate Trials

7.1 Classification of Trials

Sessions trial: For offences with maximum punishment of 7 years or more, or specifically listed as sessions offences (like murder, rape) — tried by Sessions Judge or Additional Sessions Judge.

Warrant trial (Magistrate): For offences punishable between 1 and 7 years — tried by Magistrate (Judicial Magistrate First Class or above).

Summons trial (Magistrate): For offences punishable with up to 2 years or fine only — simplified procedure, mostly petty offences.

Summary trial: For very minor offences punishable with fine only or imprisonment up to 6 months — very short procedure, no elaborate recording of evidence.

7.2 Trial Timelines Under BNSS

Stage	Mandatory Timeline	Provision
Framing of charges after committal	60 days	S.251
Examination of prosecution witnesses	Within 6 months of charges	S.264
Sessions trial completion	3 years (extendable twice)	S.346
Judgment after conclusion of arguments	45 days	S.392

7.3 Trial in Absentia — Section 356

New significant provision: If an accused person absconds:

1. Proclaimed Offender declared by Magistrate/Sessions Court (after notice published)
2. After 90 days of being proclaimed offender
3. Court can proceed with trial in their absence
4. Conviction in absentia is valid — person can challenge on surrender

Significance: Previously, a fugitive accused could indefinitely stall proceedings. This directly targets cases like Vijay Mallya, Nirav Modi, Mehul Choksi (fugitive economic offenders) — though for economic offences there are separate laws, this principle now extends to all criminal offences.

7.4 Plea Bargaining — Chapter XXV

Plea bargaining (Section 289–296): An accused can apply for plea bargaining in:

• Offences punishable with maximum 7 years imprisonment
• Not involving offences against women or children
• Not involving socio-economic offences

Process:

1. Application by accused to court
2. Notice to Public Prosecutor and victim
3. Mutually satisfactory disposition negotiated (reduced charge, reduced sentence)
4. Court approves if satisfied — final and not challengeable in appeal

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