Section 520 BNSS: Trials before High Courts (Formerly Section 474 CrPC)

Section 520 of Bharatiya Nagarik Suraksha Sanhita, 2023: Trials before High Courts

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 520

Section 520 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 474 of the CrPC, 1973) regulates trials before High Courts exercising extraordinary or original criminal jurisdiction, mandating the observance of Sessions Court trial procedure.

Application of Sessions Trial Procedure: When an offence is tried by the High Court otherwise than under Section 447 (transfer), it shall, in the trial of the offence, observe the same procedure as a Court of Session would observe if it were trying the case.
High Court Original Criminal Jurisdiction: Applies to chartered High Courts possessing original criminal jurisdiction or where cases are withdrawn for trial before the High Court.
Full Procedural Parity: Guarantees that an accused tried before the High Court enjoys the complete statutory safeguards of Chapter XIX Sessions trials.

Key Landmark Precedents:

Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551: The Supreme Court affirmed that High Courts trying criminal cases originally must adhere scrupulously to Sessions trial rules, ensuring full opportunity of defence.
P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC 578: Highlighted that trial procedures in superior courts must uphold constitutional fair trial standards under Article 21.

Courtroom Practice & Strategic Litigation Guidance:

When appearing in an original criminal trial before the High Court, insist on compliance with all Sessions trial milestones under Chapter XIX, including opening of case, discharge hearing, and Section 351 examination.