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Section 520 BNSS: Trials Before High Courts

Section 520 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure to be followed when an offence is tried by a High Court otherwise than under Section 447. In such a trial, the High Court must follow the same procedure that a Court of Session would follow if it were trying the case.

Text of Section 520 BNSS

520. Trials before High Courts. 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.

Meaning and scope of Section 520

The provision is procedural. It does not itself create a new offence, punishment, or independent power to transfer a criminal case. Instead, it tells the High Court which trial procedure to use when it directly tries an offence in a situation that is not governed by Section 447.

The expression "same procedure as a Court of Sessions" means that the High Court is to conduct the trial according to the procedural framework applicable to a Sessions trial under the BNSS, subject to any other specific provision that may apply.

How Section 520 relates to Section 447 BNSS

Section 447 BNSS concerns the power of the High Court to transfer cases and appeals. Among other powers, it permits the High Court, in appropriate circumstances, to transfer a particular case or appeal to itself for trial or hearing.

Section 520 expressly applies when the High Court tries an offence otherwise than under Section 447. This distinction is important because Section 447 contains its own procedural rule for a case transferred to the High Court under that section.

Key point: Section 520 standardizes the procedure for a direct High Court criminal trial outside the Section 447 transfer mechanism by requiring the High Court to follow the procedure that a Court of Session would ordinarily follow.

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.

Practical legal significance

Section 520 identifies the procedural model for qualifying criminal trials conducted by a High Court.
It prevents procedural uncertainty by adopting the Sessions Court trial procedure as the governing standard.
It must be read with Section 447 where the High Court is dealing with a case transferred to itself under its statutory transfer powers.
The provision should be read with the relevant BNSS provisions governing Sessions trials, evidence, judgment, sentencing, and other trial stages as applicable to the facts of the case.

Official sources

For the authoritative statutory text and commencement information, refer to the official Government of India sources below.

India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 Ministry of Home Affairs - New Criminal Laws Ministry of Home Affairs - BNSS commencement notification

This page provides a general explanation of Section 520 BNSS. For a particular proceeding, the complete statutory scheme and applicable judicial decisions should be examined.