Is mediation available in criminal cases?

Settlement-oriented processes may be used in suitable criminal matters, but a criminal prosecution cannot be privately terminated merely because the parties settle. Compounding is governed by section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). In appropriate non-compoundable matters, a settlement may still be relevant to proceedings before the High Court, subject to the nature and seriousness of the offence and the applicable law. Plea bargaining is a separate statutory process. Criminal mediation should therefore be understood as a facilitative process, not as an independent power to erase every offence.

What is the basic process of a criminal trial?

The precise procedure depends on whether the matter is a Sessions case, warrant case, summons case or summary trial and whether it arose from a police report or complaint. Broadly, after cognizance and securing the accused's appearance, the Court supplies required documents, considers discharge where applicable, frames or states the accusation/charge, records the plea, takes prosecution evidence, permits cross-examination, examines the accused where required, receives defence evidence, hears arguments and delivers judgment.

When are witness statements recorded during trial?

Witness testimony is recorded during the evidence stage prescribed for the particular type of trial. The prosecution ordinarily leads its evidence first; the accused has the right to cross-examine prosecution witnesses in accordance with law. BNSS also recognises electronic modes for specified proceedings and evidence.

What is cross-examination?

Cross-examination is the questioning of a witness by the adverse party after examination-in-chief. Its purpose includes testing accuracy, credibility, memory and the truth of material facts. The accused has a statutory right to be defended by an advocate under section 340 BNSS.

When is legal aid provided to an accused?

Under section 341 BNSS, where the accused is not represented by an advocate and lacks sufficient means to engage one in the cases covered by that provision, the Court must assign an advocate for the defence at State expense. Constitutional and legal-services protections may also apply.

Which BNSS provisions govern a warrant case instituted on a police report?

A warrant case instituted on a police report is principally dealt with by sections 261 to 266 BNSS: compliance with supply of documents, discharge, framing of charge, plea of guilty, prosecution evidence and defence evidence.

Which BNSS provisions govern a warrant case instituted otherwise than on a police report?

A warrant case instituted otherwise than on a police report is principally governed by sections 267 to 271 BNSS, with section 272 addressing absence of the complainant in specified circumstances.

How is prosecution evidence recorded in a warrant case instituted otherwise than on a police report?

Under section 267 BNSS, when the accused appears or is brought before the Magistrate, the Magistrate hears the prosecution and takes the evidence produced in support of the prosecution, subject to the detailed procedure in the Sanhita.

How can an accused be discharged in a warrant case instituted otherwise than on a police report?

Under section 268 BNSS, after taking the evidence referred to in section 267, the Magistrate shall discharge the accused if, for reasons to be recorded, no case against the accused has been made out which, if unrebutted, would warrant conviction. The provision also permits discharge at an earlier stage where the charge is groundless, for reasons recorded.

How is an accused discharged in a warrant case instituted on a police report?

Under section 262 BNSS, after considering the police report and documents, examining the accused if considered necessary and hearing both sides, the Magistrate may discharge the accused where the charge is groundless, recording reasons.

How are charges framed in a warrant case?

For a police-report warrant case, framing of charge is governed by section 263 BNSS. For a warrant case instituted otherwise than on a police report, the corresponding provision is section 269 BNSS. The applicable statutory conditions must be satisfied before a written charge is framed.

Must the charge be read and explained to the accused?

Yes. Under the applicable BNSS provisions, the charge is read and explained to the accused and the accused is asked whether he or she pleads guilty or claims trial. A plea of guilty must be recorded; conviction on that plea remains subject to the governing provision and judicial discretion where specified.

Updated: 1 September 2026

Criminal Trial Process under BNSS: Mediation, Witness Evidence, Discharge, Probation and Fair Trial

This Criminal Law GK guide explains the present procedure for warrant trials, witness evidence and cross-examination, discharge, legal aid, examination of the accused, probation, appeal bail and important fair-trial safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current-law note: The BNSS came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973. However, under section 531 BNSS, an appeal, application, trial, inquiry or investigation already pending immediately before commencement generally continues under the CrPC, 1973 as if the BNSS had not come into force. Always identify which procedural law governs the particular case.

Criminal Law Questions and Answers

S.No.	Legal Term / Question	Updated Answer
1	Is mediation available in criminal cases?	Settlement-oriented processes may be used in suitable criminal matters, but a criminal prosecution cannot be privately terminated merely because the parties settle. Compounding is governed by section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). In appropriate non-compoundable matters, a settlement may still be relevant to proceedings before the High Court, subject to the nature and seriousness of the offence and the applicable law. Plea bargaining is a separate statutory process. Criminal mediation should therefore be understood as a facilitative process, not as an independent power to erase every offence.
2	What is the basic process of a criminal trial?	The precise procedure depends on whether the matter is a Sessions case, warrant case, summons case or summary trial and whether it arose from a police report or complaint. Broadly, after cognizance and securing the accused's appearance, the Court supplies required documents, considers discharge where applicable, frames or states the accusation/charge, records the plea, takes prosecution evidence, permits cross-examination, examines the accused where required, receives defence evidence, hears arguments and delivers judgment.
3	When are witness statements recorded during trial?	Witness testimony is recorded during the evidence stage prescribed for the particular type of trial. The prosecution ordinarily leads its evidence first; the accused has the right to cross-examine prosecution witnesses in accordance with law. BNSS also recognises electronic modes for specified proceedings and evidence.
4	What is cross-examination?	Cross-examination is the questioning of a witness by the adverse party after examination-in-chief. Its purpose includes testing accuracy, credibility, memory and the truth of material facts. The accused has a statutory right to be defended by an advocate under section 340 BNSS.
5	When is legal aid provided to an accused?	Under section 341 BNSS, where the accused is not represented by an advocate and lacks sufficient means to engage one in the cases covered by that provision, the Court must assign an advocate for the defence at State expense. Constitutional and legal-services protections may also apply.
6	Which BNSS provisions govern a warrant case instituted on a police report?	A warrant case instituted on a police report is principally dealt with by sections 261 to 266 BNSS: compliance with supply of documents, discharge, framing of charge, plea of guilty, prosecution evidence and defence evidence.
7	Which BNSS provisions govern a warrant case instituted otherwise than on a police report?	A warrant case instituted otherwise than on a police report is principally governed by sections 267 to 271 BNSS, with section 272 addressing absence of the complainant in specified circumstances.
8	How is prosecution evidence recorded in a warrant case instituted otherwise than on a police report?	Under section 267 BNSS, when the accused appears or is brought before the Magistrate, the Magistrate hears the prosecution and takes the evidence produced in support of the prosecution, subject to the detailed procedure in the Sanhita.
9	How can an accused be discharged in a warrant case instituted otherwise than on a police report?	Under section 268 BNSS, after taking the evidence referred to in section 267, the Magistrate shall discharge the accused if, for reasons to be recorded, no case against the accused has been made out which, if unrebutted, would warrant conviction. The provision also permits discharge at an earlier stage where the charge is groundless, for reasons recorded.
10	How is an accused discharged in a warrant case instituted on a police report?	Under section 262 BNSS, after considering the police report and documents, examining the accused if considered necessary and hearing both sides, the Magistrate may discharge the accused where the charge is groundless, recording reasons.
11	How are charges framed in a warrant case?	For a police-report warrant case, framing of charge is governed by section 263 BNSS. For a warrant case instituted otherwise than on a police report, the corresponding provision is section 269 BNSS. The applicable statutory conditions must be satisfied before a written charge is framed.
12	Must the charge be read and explained to the accused?	Yes. Under the applicable BNSS provisions, the charge is read and explained to the accused and the accused is asked whether he or she pleads guilty or claims trial. A plea of guilty must be recorded; conviction on that plea remains subject to the governing provision and judicial discretion where specified.
13	What happens to prosecution witnesses after charge in a complaint warrant case?	In a warrant case instituted otherwise than on a police report, section 269 BNSS allows the accused, after charge and where the accused does not plead guilty or is not convicted on the plea, to state which prosecution witnesses already examined are required for cross-examination. Those witnesses may be recalled for cross-examination and re-examination, followed by remaining prosecution evidence.
14	How is the accused examined after prosecution evidence?	Section 351 BNSS empowers the Court to examine the accused so that circumstances appearing in the evidence against the accused can be personally explained. The statutory safeguards governing such examination must be followed.
15	What is the effect of absence of the complainant in a complaint warrant case?	Under section 272 BNSS, where proceedings are instituted upon complaint, the complainant is absent, and the offence may lawfully be compounded or is non-cognizable, the Magistrate may-after giving the complainant thirty days' time to be present-discharge the accused before charge, in the Magistrate's discretion.
16	How does a warrant trial end in acquittal or conviction?	After completion of the evidence and hearing, the Court records a judgment according to the applicable trial provision. In a warrant case instituted otherwise than on a police report, section 271 BNSS provides for acquittal or conviction. If the accused is found guilty, the Court ordinarily hears the accused on sentence unless it proceeds under another applicable statutory provision.
17	Is a bond required after acquittal or disposal of an appeal?	Section 481 BNSS requires the trial Court or Appellate Court, before conclusion of the trial or disposal of the appeal, to require the accused to execute a bond or bail bond to appear before the higher Court if notice is issued in an appeal or petition against the judgment. The bond remains in force for six months.
18	What happens after conviction?	After conviction, the Court proceeds to sentence in accordance with the governing provision, ordinarily after hearing the accused on the question of sentence where required. Depending on the offence, offender and applicable law, the Court may also consider statutory provisions relating to probation or admonition.
19	What is release after admonition?	Admonition is a statutory alternative to immediate punishment in qualifying cases. Section 401 BNSS contains a provision for release on probation of good conduct or after admonition. In addition, section 3 of the Probation of Offenders Act, 1958 permits release after due admonition for specified eligible offences and circumstances, subject to the conditions in that Act.
20	What is probation of good conduct?	Probation allows an eligible offender to remain in the community subject to statutory conditions instead of being sentenced immediately to imprisonment. Section 401 BNSS and, where applicable, section 4 of the Probation of Offenders Act, 1958 are relevant. It is not an automatic benefit merely because the offender is below 21 years of age or because the possible imprisonment is below a stated number of years.
21	What is a criminal sentence?	A sentence is the punishment or other penal consequence imposed after conviction. Depending on the offence and governing law, it may include imprisonment, fine or another authorised punishment. Death sentence can be imposed only for offences for which the substantive law authorises it and is subject to mandatory confirmation and other safeguards.
22	Can sentence be suspended and bail granted pending appeal?	Yes, subject to statutory requirements. Section 430 BNSS empowers the Appellate Court, for reasons recorded in writing, to suspend execution of the sentence or order appealed against and, where the appellant is in confinement, to release the appellant on bail, own bond or bail bond as the provision permits. Special rules apply in specified situations.
23	What are important statutory elements of a fair criminal trial?	Important protections include lawful cognizance and process, notice of the accusation, supply of required documents, access to counsel and legal aid, impartial adjudication, opportunity to test prosecution evidence by cross-examination, opportunity to present a defence, reasoned judgment, open-court proceedings subject to statutory exceptions, and appellate or revisional remedies where provided.
24	Must copies of the police report and documents be supplied to the accused?	Yes, in cases covered by section 230 BNSS, the Magistrate must furnish the accused and represented victim, as applicable, copies of the police report and prescribed documents without delay and within the statutory framework. Electronic supply may constitute due service where the Sanhita so provides. Section 231 governs specified cases triable by the Court of Session instituted otherwise than on a police report.
25	What happens if the accused pleads guilty?	The Court records the plea and may convict on the plea where the applicable BNSS provision permits. Before acting on a guilty plea, the Court must follow the procedure applicable to that class of trial; the plea should be clear and voluntary.
26	When is a contested criminal case tried on evidence?	Where the accused does not plead guilty or is not convicted on a guilty plea and the case is not otherwise terminated by discharge, compounding or another lawful process, the Court proceeds to take evidence according to the procedure applicable to that class of trial.
27	Can an accused be discharged after prosecution evidence in a complaint warrant case?	Yes. Under section 268 BNSS, if the evidence taken under section 267 does not make out a case which, if unrebutted, would warrant conviction, the Magistrate shall discharge the accused and record reasons. The section also recognises discharge at an earlier stage where the charge is groundless.
28	Can the accused lead defence evidence?	Yes. In a police-report warrant case, defence evidence is governed by section 266 BNSS. In a warrant case instituted otherwise than on a police report, section 270 BNSS calls upon the accused to enter upon the defence and applies the relevant defence-evidence procedure.
29	How are final arguments made?	After the evidence closes, the parties are heard in accordance with the applicable procedure. Section 352 BNSS deals with oral arguments and memorandum of arguments. The Court thereafter proceeds to judgment.
30	What are key safeguards supporting a fair trial under current law?	Key safeguards include: separation of the judiciary from the executive under Article 50 of the Constitution; open courts under section 366 BNSS, subject to in-camera and other statutory exceptions; disqualification where a Judge or Magistrate is personally interested under section 525 BNSS; evidence ordinarily taken in the presence of the accused or, where personal attendance is dispensed with, in the presence of the advocate as permitted by section 308 BNSS; the right to defence under section 340; State-funded legal aid in cases covered by section 341; and lawful opportunity to cross-examine and lead defence evidence.

Important points for students and practitioners

The BNSS changed the numbering and, in several places, the text of criminal-procedure provisions. It is therefore unsafe to cite a former CrPC section number as though it were automatically the current provision. For new proceedings governed by the BNSS, use the corresponding BNSS provision. For matters protected by the repeal-and-savings clause, verify whether the CrPC continues to govern.

Settlement, compounding, plea bargaining, discharge, acquittal and quashing are legally distinct concepts. A settlement reached through mediation or negotiation does not by itself amount to an acquittal or discharge; the competent Court must act under the applicable statutory or constitutional jurisdiction.

Official statutory references

For the authoritative text and amendments, use the official India Code database. The principal references for this page are the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Probation of Offenders Act, 1958.

Disclaimer: This page is for general legal education. Criminal procedure depends on the offence, date of commencement of proceedings, court, State amendments and case-specific orders. Verify the current statutory text and applicable judicial decisions before relying on a provision in a proceeding.