International Journal For Multidisciplinary Research

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Volume 8 Issue 5
September-October 2026

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Trial of Warrant-cases Instituted on a Police Report Under the Bharatiya Nagarik Suraksha Sanhita, 2023: a Critical Analysis

Author(s) Ms. SHRI REKHA RAMANATHAN
Country India
Abstract The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) superseded the Code of Criminal Procedure, 1973 (“CrPC”) as of July 1, 2024, establishing a reorganised framework for criminal procedure in India. Key provisions include Sections 261–266, which outlines the trial process for warrant-cases instituted based on police reports before a Magistrate. These sections detail compliance with disclosure obligations, discharge processes, charge framing, plea of guilty, prosecution evidence and defence evidence. While the BNSS preserves many procedural elements from the CrPC, it introduces specific time constraints and enhances the role of technology in criminal proceedings. This article provides a critical analysis of warrant-cases trials instituted through police reports, focusing primarily on discharge processes and charge framing. It assesses the ongoing significance of established jurisprudence under Sections 239 and 240 of the CrPC while evaluating contemporary scholarship that questions whether these new statutes signify transformative reform or merely procedural adjustments. Moreover, it explores how statutory deadlines relate to speedy justice and the constitutional guarantee of fair procedure under Article 21. Recent judicial rulings, particularly Dr. Anand Rai v. State of Madhya Pradesh, (2026 INSC 141), reaffirm that courts should refrain from conducting mini-trial during charge framing stages. The article contends that the BNSS signifies a continuation with carefully calibrated procedural reforms rather than a complete doctrinal shift. Its efficacy will ultimately be determined by how well it balances expediency with judicial oversight, meaningful defence participation and constitutional safeguard of personal liberty.
Keywords BNSS, warrant-case, police report, discharge, framing of charge, criminal trial, speedy justice, fair trial, Article 21.
Published In Volume 8, Issue 5, September-October 2026
Published On 2026-10-11
DOI https://doi.org/10.36948/ijfmr.2026.v08i05.89493
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