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The short answer
The criminal case process in Odisha runs through investigation and a police report (charge sheet), cognizance by the court, supply of documents, framing of charges, prosecution and defence evidence, arguments and judgment, followed by an appeal if either side is aggrieved. Since 1 July 2024 the procedure is under the BNSS, 2023, which sets timelines such as framing charges within 60 days of the first hearing on charge and delivering judgment in a Sessions trial within 30 days (extendable to 45) of arguments.
The criminal case process in Odisha: the law that governs it
The criminal case process in Odisha is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for procedure, the Bharatiya Nyaya Sanhita, 2023 (BNS) for offences and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for evidence, all in force from 1 July 2024. Cases that began earlier may still be tried under the old Code of Criminal Procedure, 1973, so check which law applies to your case. Trials take place in the Magistrate's courts (Judicial Magistrate First Class, Sub-Divisional Judicial Magistrate, Chief Judicial Magistrate) and in the Sessions Court of each district; appeals and revisions go to the Sessions Court or the Orissa High Court at Cuttack.
Stage 1: FIR and investigation
A case usually begins with an FIR under Section 173 BNSS (see how to file an FIR in Odisha), or with a private complaint to the Magistrate. During investigation the police visit the scene, seize material, and record statements of witnesses under Section 180 (earlier Section 161 CrPC). A Magistrate may record a confession or statement under Section 183 (earlier 164). The accused may be arrested or served a notice to appear; bail is covered in bail in Odisha and the Orissa High Court.
- The police must inform the informant or victim of the progress of investigation within 90 days (Section 193(3)(ii)).
- Investigation of rape and certain sexual offences against children is to be completed within two months of the information being recorded (Section 193(2)).
- Further investigation during trial needs the court's permission and is to be completed within 90 days, extendable only with the court's permission (Section 193(9)).
Chargesheet after FIR: how long does it take?
There is no single deadline for filing the charge sheet in every case; it is to be completed without unnecessary delay. But if the accused is in custody and the charge sheet is not filed within 60 days, or 90 days for offences punishable with death, life imprisonment or at least ten years, the accused becomes entitled to default bail under Section 187(3). At the end of investigation the police file a report under Section 193: a charge sheet if there is enough evidence, or a final report saying no offence is made out. If a final report is filed, the informant must be given notice and can file a protest petition; the Magistrate may accept the report, order further investigation, or take cognizance anyway.
Stage 2: cognizance, summons and supply of documents
The Magistrate takes cognizance of the offence under Section 210 on a police report, a complaint or other information, and issues a summons or warrant to the accused. In complaint cases, the accused must be given an opportunity of being heard before cognizance (first proviso to Section 223(1)); the Supreme Court held in Parvinder Singh v. Directorate of Enforcement (May 2026) that cognizance taken without this hearing is void. In police report cases, the Magistrate must supply copies of the police report, FIR, statements and documents to the accused and the victim (if represented) within 14 days of the accused's appearance (Section 230). Documents may be supplied electronically.
For offences triable only by the Court of Session (such as murder or rape), the Magistrate commits the case to the Sessions Court, ordinarily within 90 days of cognizance (Section 232).
Summons vs warrant cases, and other trial types
| Type | Which offences | Key features |
|---|---|---|
| Sessions trial | Offences triable by the Court of Session | Discharge application within 60 days of committal (Section 250); charge framed within 60 days of first hearing on charge (Section 251) |
| Warrant case (Magistrate) | Offences punishable with death, life imprisonment or imprisonment of more than two years | Discharge application within 60 days of supply of documents (Section 262); charge framed within 60 days of first hearing on charge (Section 263) |
| Summons case | Offences punishable up to two years | No formal charge; the particulars of the offence are stated to the accused (Section 274). Simpler and quicker |
| Summary trial | Listed minor offences; the Magistrate may also try summarily offences punishable up to three years (Section 283) | Abbreviated record; sentence capped at three months |
| Plea bargaining | Offences punishable up to seven years, subject to exclusions (Sections 289 to 300) | Mutually satisfactory disposition, often with a reduced sentence |
Stage 3: charges and plea
At the stage of charge, the court considers whether there is sufficient ground to proceed. If not, the accused is discharged. If there is, the court frames charges in writing, reads and explains them, and asks whether the accused pleads guilty or claims trial. A plea of guilty may lead to conviction on that plea; most accused claim trial. A discharge or charge order can be challenged by revision before the Sessions Court or the High Court (Section 438 onwards).
Stage 4: evidence
- Prosecution evidence: the Public Prosecutor examines witnesses (informant, victim, eyewitnesses, doctor, investigating officer) and proves documents and material objects. The defence cross-examines each witness. With the court's permission, the victim may engage an advocate to assist the prosecution.
- Examination of the accused: after the prosecution evidence, the court questions the accused on the circumstances appearing against them, under Section 351 (earlier Section 313 CrPC). The accused is not on oath and may decline to answer.
- Defence evidence: the accused may examine defence witnesses and, if they choose, give evidence on oath.
Evidence may be recorded by audio-video electronic means where the BNSS allows. Electronic records are proved under the BSA. Under Section 356, a proclaimed offender who absconds may be tried in absentia in some cases.
Stage 5: arguments, judgment and sentence
After both sides argue, the judge gives judgment. In a Sessions trial this is to be within 30 days of the end of arguments, extendable to 45 days for reasons recorded in writing (Section 258); for trials generally, Section 392 provides for judgment within 45 days after the trial ends. If the accused is convicted, the court hears them on sentence before deciding it. The court may release a first offender on probation of good conduct in suitable cases, and may order compensation to the victim. An accused sentenced to imprisonment is entitled to a free copy of the judgment.
Stage 6: criminal appeal and revision
- Appeal against conviction (Section 415): from a Magistrate to the Sessions Court; from the Sessions Court to the Orissa High Court. Under the Limitation Act, 1963, the period is generally 30 days for an appeal to the Sessions Court and 60 days for an appeal to the High Court, from the date of the sentence; delay may be condoned for sufficient cause.
- Victim's appeal (proviso to Section 413): the victim can appeal against acquittal, conviction for a lesser offence or inadequate compensation.
- State appeal against acquittal (Section 419), which needs leave of the High Court.
- The appellate court may suspend the sentence and grant bail pending appeal.
Time limits, suspension of sentence and where an appeal lies are explained in criminal appeals and revisions in Odisha.
How long does a criminal case take in Odisha?
The BNSS timelines above are directions to courts and police, but real durations depend on the number of witnesses, their attendance, forensic reports and court workload. Many Magistrate trials take a few years. You can follow the case on eCourts using the CNR number; see checking case status online. Attend every date, or have an exemption application filed with reasons, because repeated absence can lead to a warrant and cancellation of bail.
A person who cannot afford an advocate is entitled to free legal services through the District Legal Services Authority; see free legal aid in Odisha. Work handled in criminal matters is described on the criminal practice area page, and court details are under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଜାମିନ | jamina | bail |
| ଏତଲା | etala | FIR |
Frequently asked questions
What are the stages of a criminal trial under the BNSS?
Investigation and police report, cognizance and summons, supply of documents, discharge or framing of charges, prosecution evidence, examination of the accused under Section 351, defence evidence, arguments, judgment and sentence, and then appeal.
How long after an FIR is the chargesheet filed?
There is no single fixed period, but if the accused is in custody and the charge sheet is not filed within 60 days (or 90 days for offences punishable with death, life imprisonment or at least ten years), the accused can claim default bail under Section 187(3) BNSS.
What is the difference between a summons case and a warrant case?
A warrant case involves an offence punishable with death, life imprisonment or imprisonment of more than two years, and has formal framing of charges. Other offences are summons cases, tried by a simpler procedure.
Within how many days must the judge give judgment?
In a Sessions trial, within 30 days of the end of arguments, extendable to 45 days for reasons recorded in writing, under Section 258 BNSS. For trials generally, Section 392 provides for judgment within 45 days after the trial ends.
What is the time limit for a criminal appeal?
Generally 30 days for an appeal to the Sessions Court and 60 days for an appeal to the High Court against conviction, under the Limitation Act, 1963. Delay can be condoned for sufficient cause.
Can the victim appeal against an acquittal?
Yes. The proviso to Section 413 BNSS lets the victim appeal against acquittal, conviction for a lesser offence or inadequate compensation.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Limitation Act, 1963 (India Code)
- Orissa High Court, Cuttack (official website)
- eCourts services: case status and orders
- Odisha State Legal Services Authority
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.