Disposal of Criminal Cases Without Full Trial under BNSS and CrPC

1. Compounding of Offences

Compounding is a statutory method by which specified offences may be settled by the person whom the law identifies as competent to compound them. Section 359 BNSS contains two tables: offences compoundable without permission of the Court and offences compoundable with permission of the Court. An offence cannot be treated as compoundable merely because the parties have settled unless the statute permits compounding.

The new table is tied to offences under the Bharatiya Nyaya Sanhita, 2023 (BNS). Examples of offences listed as compoundable without permission include voluntarily causing hurt under Section 115(2) BNS, certain wrongful restraint/confinement offences under Sections 126 and 127, certain assault/criminal-force offences, theft under Section 303(2), dishonest misappropriation under Section 314, specified criminal breach of trust, cheating and defamation offences, subject always to the exact statutory entry and the person authorised to compound.

2. Bar of Limitation for Taking Cognizance

Section 514 BNSS bars a Court from taking cognizance of specified categories of offences after expiry of the prescribed limitation period, subject to the exceptions and computation rules in the Chapter. The limitation periods include six months for an offence punishable with fine only, one year where imprisonment does not exceed one year, and three years where imprisonment exceeds one year but does not exceed three years.

The Chapter also contains rules governing commencement and exclusion of time, continuing offences and extension of limitation. Therefore, the mere passage of time does not by itself establish that proceedings are barred; the complete limitation scheme must be applied to the facts.

3. Discharge of the Accused

Discharge is an important pre-trial termination mechanism. The applicable provision depends on the type of case. In a Sessions case, Section 250 BNSS governs discharge. In a warrant case instituted on a police report, Section 262 governs discharge. In a warrant case instituted otherwise than on a police report, Section 268 governs discharge.

Broadly, the Court examines the record at the statutory stage and discharges the accused when the applicable legal threshold for proceeding further is not met. The wording and procedural stage differ between Sessions cases, police-report warrant cases and complaint warrant cases.

4. Tender of Pardon to an Accomplice

Section 343 BNSS permits a competent Magistrate, in cases covered by the provision, to tender pardon to a person believed to be directly or indirectly concerned in or privy to the offence, on the condition that the person makes a full and true disclosure of the circumstances within his or her knowledge and of every other person concerned.

After commitment, Section 344 empowers the Court to which the case is committed to tender pardon before judgment. Acceptance of pardon does not amount to an unconditional termination detached from the statutory conditions; the recipient must comply with the obligation of full and true disclosure.

5. Absence of Complainant in a Warrant Case Instituted on Complaint

Section 272 BNSS deals with absence of the complainant in a warrant case instituted otherwise than on a police report. Where the statutory conditions are met and the offence may lawfully be compounded or is not cognizable, the Magistrate may discharge the accused before the charge has been framed. The precise conditions in the provision should be applied to the case before seeking discharge.

6. Withdrawal from Prosecution

The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, withdraw from prosecution of an accused in respect of all or any of the offences before judgment is pronounced, subject to Section 360 BNSS.

The legal consequence depends on the stage of the case: withdrawal before charge ordinarily results in discharge in respect of the concerned offence, while withdrawal after charge-or where no charge is required-results in acquittal. Section 360 also contains additional procedural requirements that must be complied with before the Court grants consent.

7. Withdrawal of Complaint

In a summons case under the relevant Chapter, if the complainant satisfies the Magistrate before final order that sufficient grounds exist for permitting withdrawal of the complaint against all or any of the accused, the Magistrate may permit withdrawal and acquit the accused against whom the complaint is withdrawn.

This provision should not be confused with withdrawal from prosecution by the Public Prosecutor under Section 360, or with compounding under Section 359. Each operates under a distinct statutory framework.

8. Person Once Convicted or Acquitted Not to Be Tried Again for the Same Offence

Section 337 embodies the statutory rule against a second trial after a person has already been tried by a Court of competent jurisdiction and convicted or acquitted, while that conviction or acquittal remains in force, subject to the qualifications and exceptions set out in the provision.

The principle also has constitutional protection under Article 20(2) of the Constitution of India, which prohibits prosecution and punishment for the same offence more than once. The statutory rule is broader in formulation in some respects and must be analysed on its own terms.

9. Power to Stop Proceedings in Certain Summons Cases

In a summons case instituted otherwise than upon complaint, a Magistrate of the first class-or another Judicial Magistrate with the previous sanction of the Chief Judicial Magistrate-may, for reasons recorded, stop the proceedings at any stage without pronouncing judgment.

If proceedings are stopped after the evidence of the principal witnesses has been recorded, the Court may pronounce a judgment of acquittal; in other cases the accused may be released, and that release has the effect of discharge.

10. Non-Appearance or Death of Complainant in a Summons Complaint Case

Where summons has been issued on a complaint and the complainant does not appear on the appointed or adjourned date, Section 279 BNSS provides a mechanism that may result in acquittal, subject to the statutory opportunity and the Magistrate's power to adjourn or dispense with personal attendance where appropriate. The provision also applies, so far as may be, where non-appearance results from the complainant's death.

11. Effect of Death of the Accused

A criminal prosecution is personal to the accused and, as a general rule, a trial cannot meaningfully continue to determine criminal guilt and impose punishment against a person who has died. The Court must, however, distinguish between the pending trial and other proceedings such as appeals, compensation, property-related orders, fines or statutory rights of near relatives, each of which may be governed by specific provisions.