Criminal Trial Process Under BNSS in Odisha: From FIR to Judgment
BNSS introduces faster timelines for criminal trials — including a requirement to pronounce judgment within 45 days after arguments conclude. Here is the complete criminal trial process in Odisha courts from FIR to final judgment under the new law.
By Advocate Debarchana Samal · 22 July 2026 · 9 min read
From CrPC to BNSS: The New Framework for Criminal Trials
Since 1 July 2024, all criminal proceedings across India, including in Odisha's district courts and the Odisha High Court, are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure (CrPC). Alongside the Bharatiya Nyaya Sanhita (BNS) replacing the IPC and the Bharatiya Sakshya Adhiniyam (BSA) replacing the Evidence Act, BNSS reshapes how a criminal case moves from the moment an FIR is registered to the day judgment is pronounced.
If you or a family member is currently facing a criminal case in Cuttack or anywhere in Odisha, understanding this pipeline — and the new statutory deadlines built into it — helps you know what to expect and, more importantly, where a lawyer's timely intervention matters most.
The Complete Trial Process, Stage by Stage
FIR Registration (Section 173 BNSS)
Police must register the FIR for a cognisable offence without refusal. BNSS introduces a limited provision allowing preliminary inquiry (up to 14 days, with senior officer approval) before registering an FIR in offences punishable with 3 to 7 years' imprisonment, to assess if a prima facie case exists.
Investigation and Mandatory Forensic Evidence
For offences punishable with 7 years or more imprisonment, BNSS makes it mandatory for a forensic expert to visit the crime scene and collect evidence, and for the process to be video-recorded. This is intended to strengthen the scientific quality of evidence and reduce wrongful convictions or acquittals due to weak investigation.
Chargesheet Filed Within Statutory Timeline
The police must complete investigation and file the chargesheet (final report) within 90 days of arrest, extendable up to 180 days with the court's permission for serious offences. If this deadline is missed, the accused becomes entitled to statutory (default) bail as a matter of right.
Magistrate Takes Cognizance
The Magistrate examines the chargesheet, supporting documents, and statements, and decides whether to take cognizance of the offence. BNSS aims for the first hearing to be scheduled within 60 days of the chargesheet being filed, to prevent cases from languishing.
Committal (for Sessions-Triable Offences) or Direct Trial
For serious offences exclusively triable by the Sessions Court — such as murder or attempt to murder — the Magistrate conducts a committal proceeding and forwards the case. For less serious offences, trial proceeds before the Magistrate itself as a summons or warrant trial.
Framing of Charge
The court examines the chargesheet and material on record. If satisfied a prima facie case exists, formal charges are framed and read to the accused, who then enters a plea of guilty or not guilty.
Prosecution Evidence and Cross-Examination
The prosecution examines its witnesses one by one, each subject to cross-examination by the defence. Documentary and forensic evidence, including FSL reports, are formally exhibited during this stage.
Statement of the Accused (Section 351 BNSS)
After prosecution evidence closes, the accused is examined by the court on the incriminating circumstances appearing against them — successor to the old Section 313 CrPC statement. This is not given on oath and cannot itself be treated as a confession.
Defence Evidence
The accused has the right to present defence witnesses, alibi evidence, or expert testimony to counter the prosecution's case. This stage is often underused without an experienced lawyer guiding the strategy.
Final Arguments and Judgment Within 45 Days
Both sides present final arguments. Under Section 258 BNSS, the court must pronounce judgment within 45 days from the conclusion of arguments — a firm new statutory deadline aimed squarely at reducing the delays that plagued Indian criminal trials for decades.
New BNSS Timelines at a Glance
Technology Under BNSS: E-Filing and Audio-Video Recording
BNSS formally embraces technology at multiple stages of the criminal process. FIRs can be lodged electronically in certain circumstances, statements of witnesses and victims can be recorded via audio-video means, search and seizure proceedings must be video-recorded, and courts are encouraged to conduct hearings and record evidence through video conferencing where appropriate — particularly useful in Odisha for undertrial prisoners lodged in distant jails or witnesses residing outside the state. Case management software and e-filing portals are also being expanded across Odisha's district courts to support faster listing and tracking of cases.
Why Faster Does Not Mean Simpler — You Still Need a Lawyer
It would be a serious mistake to assume that because BNSS pushes for speed, a criminal case has somehow become simpler to navigate on your own. The opposite is often true: tighter statutory deadlines mean less room to correct a missed opportunity — a bail application not filed promptly, a charge-framing objection not raised at the right moment, or a cross-examination not adequately prepared can no longer be "made up for" later in a slower-moving system. Every stage, from the very first police notice to final arguments, now carries a sharper time pressure, and an accused or a complainant without experienced legal representation is at a real disadvantage.
Critical warning: Do not assume the "45-day judgment rule" or other BNSS timelines will automatically protect your interests. These deadlines apply to the court's own conduct of the case — they do not substitute for active legal representation at every hearing on your behalf.
Frequently Asked Questions
What is BNSS and how does it change the criminal trial process in Odisha?
BNSS replaced the CrPC from 1 July 2024. It retains the overall trial structure — FIR, investigation, chargesheet, cognizance, charge framing, trial, judgment — but introduces stricter timelines, mandatory forensic evidence in serious cases, and greater use of technology.
Is it true that judgment must be given within 45 days under BNSS?
Yes. Section 258 BNSS requires courts to pronounce judgment within 45 days of the conclusion of arguments — a new statutory obligation aimed at reducing long-pending trials.
How long does a criminal trial typically take in Odisha under BNSS?
It varies with case complexity, but BNSS pushes for chargesheets within 90-180 days, first hearings soon after, and judgment within 45 days of concluding arguments — generally faster than the earlier CrPC regime, though serious Sessions-triable cases can still take a year or more.
Does BNSS allow trials and hearings through video conferencing?
Yes. BNSS recognises audio-video electronic means for recording statements, evidence, and certain appearances, which Odisha courts increasingly use, especially for undertrial prisoners and outstation witnesses.
Do I still need a lawyer even though BNSS makes trials faster?
Yes. Faster timelines mean less room to fix mistakes made without legal advice. Active, timely legal representation at every stage — bail, charge framing, evidence, and arguments — is more important than ever under BNSS.
Facing a Criminal Trial in Cuttack or Odisha?
Advocate Debarchana Samal represents accused persons and complainants at every stage of criminal proceedings under the new BNSS framework, before Magistrate Courts, Sessions Courts, and the Odisha High Court. Contact us for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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