From the Classroom to the Courtroom : My Thoughts on the New BNSS

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, seizing property, arresting someone, or taking them into custody. This is where our discussion often shifted to other subjects like the BNS (Bharatiya Nyaya Sanhita) and the BSA (Bharatiya Sakshya Adhiniyam).

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 and WhatsApp 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 accused. Here we discussed important rights given to arrested persons through landmark Supreme Court judgments like Arnesh Kumar and 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. We looked at different types of trials, from Sessions Trials to Summons Trials. We also discussed plea bargaining, which is rarely used in practice but still important.

Practical Advice for Law Students

I often take breaks during lectures to give practical advice about careers and bar-bench relationships. I tell students that if they truly understand procedures, they can start practicing immediately.

A fresh graduate who knows rules for bail, bonds, and FIRs can begin working in magistrate courts from day one. These are not just exam topics but real-life tools.

Classroom Experience and Learning

Teaching final-year students is always an energizing experience. They are close to starting their professional journey, and many will soon enter real courtrooms.

Our discussions became interactive with questions about investigation timelines and roles of defense lawyers and public prosecutors. These moments show that students are thinking practically and not just academically.

As I always say, law is meant to be practiced, not just studied.

Frequently Asked Questions (From Final Year students)

Q.1. Can I actually start practicing in court as soon as I graduate?

Ans. Absolutely. If you master BNSS rules on bail and FIRs, you can handle small matters in magistrate courts immediately.

Q.2. Why do we have to study BNS and BSA along with BNSS?

Ans. These three work together. BNS defines crime, BNSS defines procedure, and BSA defines evidence.

Q.3. Is the investigation stage important for a defense lawyer?

Ans. Yes, it is crucial. Any procedural mistake can help protect the accused.

Q.4. How do I remember different types of trials?

Ans. Understand logic instead of memorizing. Serious crimes need detailed trials, minor ones are quicker.


Author
Mr. Amit Mothsra
Assistant Professor, Department Of Law
Biyani Group Of Colleges, Jaipur