How long does a Sessions trial take in Pune?

It varies widely with the number of witnesses, availability of forensic reports and the court’s board. Many trials take two years or more. Trials of accused in custody are generally prioritised.

Can I seek discharge before the trial begins?

Yes. Under Section 250 BNSS the accused can apply for discharge, ordinarily within 60 days of committal, arguing that the material does not disclose a case to proceed with.

Does the accused have to give evidence?

No. The accused cannot be compelled to be a witness. They are questioned by the court under Section 351 BNSS to explain circumstances in the evidence, and may choose to give evidence on oath.

Can I change my lawyer in the middle of a trial?

Yes, at any stage. The new advocate takes over the record and continues from the current stage of the trial.

How do I get a copy of the chargesheet?

The court supplies copies of the police report and documents to the accused after cognizance (Section 230 BNSS). An advocate can also apply for certified copies.

Can a chargesheet be challenged?

Yes — through a discharge application before the trial court (Section 250 BNSS in Sessions cases) or, in suitable cases, a quashing petition before the High Court (Section 528 BNSS).

Can bail be sought after the chargesheet is filed?

Yes. Completion of investigation is itself a change in circumstances that is often argued in a fresh bail application.

What happens if a prosecution witness turns hostile?

The prosecution may cross-examine its own witness with the court’s permission. The parts of the testimony that remain reliable can still be considered; a hostile witness does not automatically end the case.

Does the accused have to attend every hearing?

An application for exemption from personal attendance can be made for routine dates. Presence is generally required at important stages such as framing of charge and the examination of the accused.

Criminal Trial Lawyer in Pune | Sessions Trial Defence

In short

Offences such as murder, attempt to murder, rape, POCSO, NDPS commercial-quantity and dacoity are tried by the Sessions Court. After the charge-sheet, the case is committed by the Magistrate (Section 232 BNSS), the defence may seek discharge (Section 250), the court frames charges (Section 251), the prosecution leads evidence, the defence cross-examines every witness, the accused is examined on the evidence (Section 351), and the court hears final arguments before judgment.

Stages of a Sessions trial

Stage	BNSS	What the defence does
Committal	S.232	Checks that all documents relied on by the prosecution have been supplied.
Discharge	S.250	Argues that the material, taken at face value, does not disclose the offence. Must ordinarily be filed within 60 days of committal.
Framing of charge	S.251	Opposes charges not supported by the record — a wrong charge shapes the whole trial.
Prosecution evidence	S.254	Cross-examines each witness — the stage where most trials are won or lost.
No-evidence acquittal	S.255	Seeks acquittal if there is no evidence that the accused committed the offence.
Statement of accused	S.351	Prepares the accused to explain circumstances put to them.
Defence evidence & arguments	S.256–257	Leads defence witnesses where useful; written and oral arguments on the record.

Where trials are actually decided

Cross-examination. Contradictions between a witness’s police statement and court testimony, gaps in the panchnama, chain of custody of seized articles, and the timing of the FIR.
Medical and forensic evidence. Whether injuries match the alleged weapon; whether forensic reports were properly sent and received.
Electronic evidence. Certificates and the integrity of call records, CCTV and phone data.
Procedure. Arrest, search and seizure rules — strict in NDPS and POCSO matters.

Bail during trial

Bail can be sought at any stage, including after charges are framed. Long custody with a trial that is not progressing is a recognised ground; see default bail and undertrial release and bail applications.

Changing your lawyer during a trial

An accused may change advocates at any stage. The new advocate files a vakalatnama, obtains the record and depositions already taken, and continues from the current stage. Witnesses already examined cannot ordinarily be recalled, except under the court’s power to recall a witness where essential.

Which cases go to the Sessions Court in Pune?

Offences triable by a Court of Session — such as murder, attempt to murder, rape, dacoity and commercial-quantity NDPS offences — are heard at the Pune District & Sessions Court, Shivajinagar. Special courts under the POCSO Act, NDPS Act, MCOCA and the SC/ST (Prevention of Atrocities) Act also sit in the same complex. Matters from Pimpri-Chinchwad police stations are first heard by the Pimpri-Chinchwad court; the court to which a sessions-triable case is committed should be confirmed for each case.

Chargesheet: when it is filed and how to get a copy

The police file the chargesheet (final report) when investigation is complete — for an accused in custody, ordinarily within 60 or 90 days, failing which default bail becomes available. Once the court takes cognizance, the accused is entitled to copies of the police report and the documents relied on (Section 230 BNSS, old Section 207 CrPC). A chargesheet is not challenged by a general “objection”; the remedies are a discharge application or, in suitable cases, quashing before the High Court.

Handing over the file when you change lawyers

It is customary to obtain a no-objection from the earlier advocate before the new advocate files a vakalatnama; if that is not forthcoming, the court can permit the change. The new advocate collects the case papers and certified copies of depositions already recorded, so that the trial continues without loss of time.

This page explains the law in general terms. Every matter turns on its own facts — please speak to an advocate about yours.

Sessions Trial Defence Lawyer in Pune