I have always believed that teaching criminal law is not just about reading a book. The law only starts making sense when we see how it actually works in real life. It is one thing to read a section in a bare act, but it is something entirely different to understand how a case travels from a street where a crime happened all the way to a final judgment in a crowded courtroom.
During my recent lectures with the LL.B. students at Biyani Law College, I decided to try a different way. Instead of going through the Bharatiya Nagarik Suraksha Sanhita (BNSS) section by section, we focused on the entire journey of the criminal procedural law.
Understanding the Basics of Criminal Law
We started our discussion with a very basic but powerful question: What is the difference between criminal law and civil law and then what are procedural law and substantive law? This led us straight to the FIR, or the First Information Report. I often tell students that the FIR is not just a piece of paper; it is the first step for the entire legal machinery to be in motion. Once that report is filed, the gears of the law begin to turn. We talked about how FIRs are recorded and the difference between serious crimes and minor ones. Many students were surprised to see how something so simple on paper can have such huge consequences in a real case. I always remind them that a lawyer standing in court must understand the practical side of these early stages because a single mistake in an FIR can change the direction of an entire trial years later.
The Investigation Stage
As we moved further, we reached the second stage i.e. investigation stage, which I call the backbone of any criminal case. Students often come to class with ideas from TV shows and movies but real police work is much more regulated by law. We spent a lot of time talking about how the police conduct investigation and examine witnesses and how they must follow strict rules when searching a house or seizing property or arresting someone or taking into their custody. This is where our discussion often shifted to other subjects like the BNS (Bharatiya Nyaya Sanhita) and the BSA (Bharatiya Sakshya Adhiniyam), to understand an investigation, you must first understand the “elements of a crime” found in the BNS—like what the person was thinking (intent) and what they actually did.
Role of Evidence in Criminal Law
We also talked about how investigation and evidence go hand in hand. This is where the BSA becomes so important. It isn’t enough for the police to just find a weapon or a witness; they have to collect that evidence in a way that the court will actually accept. We discussed how digital evidence, like CCTV footage or phone records, What Sapp chats is now a huge part of the BNSS. I told my students that if an investigation is weak or if the evidence is collected badly, even the strongest accusation will fall down in courts. It is all about that delicate balance between the power of the police and the rights of the person being accused. Here we discuss all the rights which are given to an arrested person by some important and landmark judgments of supreme court like arnesh kumar, lalita kumari.
The Judicial Stage and Types of Trials
Once the police file their final report, the case enters the judicial stage. This was a big moment of realization for the class. They saw that the system isn’t run by just one person. The police investigate, the prosecution presents the facts, and the court acts as the final judge to make sure justice is done. We looked at the different types of trials, from the very serious Sessions Trials to the quicker Summons Trials and then we discuss the concept of plea bargaining which is barely used by advocates in courtroom but we see the importance of this chapter. Once the students saw these different paths, the whole system started to look logical rather than confusing. They realized that the law is designed to be more detailed for heinous crimes and faster for petty ones.
Practical Advice for Law Students
I often take brake during these lectures to give my students some practical advice for their future careers and tell them about bar and bench relation in courts. I tell them that if they truly understand these procedures, they have their own tools to start practicing in courts. Many young lawyers think they need to wait years to stand in front of a judge and argue on cases, but that is not true. A fresh graduate who knows the rules for bail, bonds, and FIRs can start helping clients in magistrate courts on day one. These are not just academic topics for an exam but they are real tools that lawyers use every single day to protect their client’s lives and liberty.
Classroom Experience and Learning
Teaching these final-year students is always an energizing and good experience. They are right on the edge of starting their professional lives, and many of them will soon be wearing the black robe and white band in real courtrooms. Our talks became very interactive with students asking about how long a real investigation takes or what a defense lawyer and prosecution lawyer whom we called PP i.e. public prosecutor can actually do when a trial starts. These moments are the most rewarding for me as an assistant professor. They show that the students are no longer just trying to pass a test—they are starting to think practical like lawyers and want to know about court practice. As I always say in class, the law is meant to be practiced, not just read and pass the examination. If my students leave the room understanding that then I feel my purpose as an assistant professor has been fulfilled.
Frequently Asked Questions (From Final Year students)
Q.1. Can I actually start practicing in court as soon as I graduate?
Ans. Absolutely. Many students think they need to be experts in everything first. But if you master the BNSS rules on bail and FIRs, you can handle small matters in the Magistrate courts right away. The key knows the procedure so you don’t get stuck on the “how-to” part of the law.
Q.2.Why do we have to study the BNS and BSA along with the BNSS? Isn’t one book enough?
Ans. In the courtroom, these three work together. The BNS tells you what the crime is, the BNSS tells you how to move the case through court, and the BSA tells you how to prove it with evidence. You can’t win a case if you only know one and ignore the others.
Q.2.Is the investigation stage really that important for a defense lawyer?
Ans. It is everything. As a defense lawyer, you aren’t just looking at what the accused did; you are looking at whether the police followed the rules. If the police collected evidence the wrong way under the BNSS or BSA, you can use that to protect your client’s rights.
Q.3.How do I remember all the different types of trials?
Ans. Don’t try to memorize them. Serious crimes need a detailed Trial, to make sure no mistakes are made. Minor crimes use a Summons Trial because we want to settle them quickly. Once you see the logic behind it, it is easy to remember.Author
Mr. Amit Mothsra
Assistant Professor,Department Of Law
Biyani Group Of Colleges, Jaipur