Cybercrime Trial Stages In Criminal Court Under BNSS/CrPc | Adv. (Dr.) Prashant Mali, Cyber Law Consulting - All Articles

Cyber Crime: Stages of Trial in Court

The cybercrime criminal trial in India generally consists of three main stages: pre-trial stage, trial stage, and post-trial stage, which includes steps like filing a First Information Report (FIR), police investigation, charge sheet submission, framing of charges, examination of witnesses, presentation of evidence, closing arguments, and finally, the judgment and potential appeals.

There are four types of Trials under the ‘Bhartiya Nagrik Surksha Sanhita 2023’ (BNSS):

1. Summons Trial

2. Warrant Trial

I. Cases instituted on police report
II. Cases instituted otherwise than on police report

3. Session Trial

4. Summary Trial

1. Filing a Complaint

Reporting the Crime: The victim or informant files a complaint with the police or a specialized cybercrime police station or cell. This is the first step in initiating legal action.
FIR Registration: A First Information Report (FIR) is registered under Section 154 of CRPC earlier and under Section 173(1) and Sction 173(2) BNSS, which mandates the recording of information about a cognizable offense.

2. Investigation

Evidence Collection: The police or investigating agency collects digital evidence, such as IP addresses, transaction records, and forensic data. This is governed by Section 157 of BNSS, which outlines the procedure for investigation.
Identifying the Culprit: Investigators trace the origin of the cybercrime, often involving international collaboration if the crime crosses borders.
Filing the Charge Sheet: Once the investigation is complete, a charge sheet is filed under Section 173 of BNSS, which requires the police to submit a report to the magistrate.

Relevant Sections:

BNSS Section 157: Investigation by the police.
BNSS Section 173: Submission of the charge sheet.

3. Framing of Charges

Court Review: The magistrate or sessions court reviews the charge sheet and evidence to determine if there is sufficient ground to proceed.
Framing Charges: Charges are framed under Section 228 of BNSS, which allows the court to formally charge the accused based on the evidence.

Relevant Sections:

BNSS Section 228: Framing of charges.

4. Trial Proceedings

Prosecution’s Case: The prosecution presents its case, including evidence and witness testimonies, under Section 244 of BNSS. This stage aims to prove the guilt of the accused beyond a reasonable doubt.
Defence’s Case: The defense presents its arguments and evidence under Section 247 of BNSS, challenging the prosecution’s case.
Cross-Examination: Both sides cross-examine witnesses under Section 137 of BNSS, which governs the examination and cross-examination of witnesses.

Relevant Sections:

- BNSS Section 244: Prosecution evidence.
- BNSS Section 247: Defense evidence.
- BNSS Section 137: Examination of witnesses.

5. Judgment

Final Arguments / Verdict / Quantum of Punishment / Judgment under Sections 257 to 258

This is the final stage of trial where both parties, after proper evaluation of statements, evidence, and testimony of witnesses, put their case before the Court, through oral arguments. Based on the arguments and the material evidence on record, the judge will pronounce if the accused is convicted or acquitted of the charges leveled against them. If the judge convicts the accused, then he will have to hear the accused on the quantum of the judgment under Section 401 of BNSS as to what shall be the period of him serving the term for the offence committed by him and on hearing the accused, the judge will pass a detailed judgment, recording all the reasons as to why, the accused shall be punished for the offence.

Court’s Decision: The judge delivers a verdict under Section 392 of BNSS, either acquitting or convicting the accused.

Relevant Sections:

BNSS Section 352: Final arguments.
BNSS Section 392 : Judgment.

6. Appeal

Right to Appeal: If either party is dissatisfied with the judgment, they can appeal to a higher court under Section 413 of BNSS.
Final Resolution: The appellate court reviews the case and may uphold, modify, or overturn the original decision.

Relevant Sections:

BNSS Section 413: Right to appeal.

7. Execution of Sentence

Implementation: If the accused is convicted, the sentence is executed as per the court’s orders under Section 458 of BNSS.
Rehabilitation: In some cases, the court may recommend rehabilitation programs for the accused.

Relevant Sections:

BNSS Section 458: Execution of sentence.

Key Points to Remember

Burden of Proof: The prosecution must prove the accused’s guilt beyond a reasonable doubt, as per BNSS Section 101.
Types of Trials: Cybercrime trials are typically conducted as sessions trials under BNSS, given the severity of such offenses.
Electronic Evidence: The admissibility of digital evidence is governed by BNSS Section 65B, which aligns with the Indian Evidence Act.

Conclusion

The stages of a cybercrime trial in India are meticulously structured under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS). From filing an FIR to executing the sentence, each stage ensures that justice is served while addressing the unique challenges posed by digital offenses. By understanding these stages and the relevant legal provisions, victims, defendants, and legal professionals can navigate the system more effectively.

By: Adv. (Dr.) Prashant Mali Founder at Cyber Law Consulting (Advocates & Attorneys)

Original link to the blog : Click Here

All Articles