Stages of a Criminal Trial in India (Sessions & Magistrate Trial)

-

 

Stages of a Criminal Trial in India (Sessions & Magistrate Trial)

By Advocate Abhishek Jat

A criminal trial in India follows a structured legal process to ensure justice is served. The trial is conducted either in a Magistrate Court (for less serious offenses) or a Sessions Court (for more serious crimes). Here’s a breakdown of the key stages in a criminal trial:

1. FIR & Investigation

The trial process begins with the registration of a First Information Report (FIR) under Section 173 of the Bhartiya Nagarik Suraksha Sanhita (BNSS). Once an FIR is filed:

  • The police initiate an investigation, which includes collecting evidence, recording witness statements, and arresting the accused (if required).

  • Based on the findings, the police submit either a charge sheet (if enough evidence is found) or a closure report (if no substantial evidence is available).

2. Cognizance & Framing of Charges

  • The Magistrate or Sessions Court takes cognizance of the offense after reviewing the charge sheet.

  • The court then proceeds with the framing of charges, where the accused is formally informed about the offenses they are charged with.

  • The accused is given an opportunity to plead guilty or not guilty. If they plead not guilty, the trial proceeds.

3. Trial Proceedings

The trial primarily involves the presentation of evidence and examination of witnesses. The key steps include:

  • Prosecution Evidence: The prosecution presents witnesses and material evidence to support its case.

  • Cross-Examination: The defense cross-examines prosecution witnesses to challenge their credibility.

  • Defense Evidence (if any): If required, the accused may present evidence or witnesses in their defense.

4. Final Arguments

Once both sides have presented their evidence, the prosecution and defense make their final arguments before the court. The court then considers all the evidence and submissions before delivering its verdict.

5. Judgment & Sentencing

  • The court pronounces its judgment, which may result in acquittal (if the accused is found not guilty) or conviction (if found guilty).

  • If convicted, the court determines the appropriate sentence based on the severity of the offense and other legal considerations.

6. Appeal & Review

  • If the accused is convicted, they have the right to appeal before a higher court.

  • The appellate court reviews the trial’s proceedings and can uphold, modify, or overturn the verdict.

Conclusion

A criminal trial is a crucial part of the justice system, ensuring fairness and due process. Understanding these stages helps individuals navigate legal proceedings more effectively.

For legal assistance in criminal matters, feel free to reach out.

Location: New Delhi, Delhi, India

Comments

Post a Comment

Popular posts from this blog

Supreme Court Clarifies Recovery of Maintenance Arrears Under CrPC: A Landmark Judgment

-
Image
  Supreme Court Clarifies Recovery of Maintenance Arrears Under CrPC: A Landmark Judgment By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India has reinforced the enforcement mechanisms for the recovery of unpaid maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The Court clarified that arrears of maintenance can be recovered by treating them as a levy of fine under Section 421 of the CrPC, ensuring that defaulters cannot evade their financial obligations. This ruling is a significant step toward strengthening the legal framework for the protection of dependents, particularly spouses and children, who rely on maintenance for their livelihood. Background of the Case The case involved an appellant wife, Poongodi, and her minor son, who filed an application under Section 125 of the CrPC against the respondent husband, Thangavel, for maintenance. The trial court awarded maintenance of ₹300 per month, effective from February 4, 1993. ...
Read more

Supreme Court Clarifies "Readiness and Willingness" Requirement in Specific Performance Cases

-
Image
 Supreme Court Clarifies "Readiness and Willingness" Requirement in Specific Performance Cases Recent Judgment Sets Precedent on Acceptance of Earnest Money Refund By Abhishek Jat, Advocate In a significant ruling that reshapes the landscape of real estate contract enforcement, the Supreme Court of India has delivered a noteworthy judgment in Sangita Sinha v. Bhawana Bhardwaj and Ors. (Civil Appeal No. 4972 of 2025). The Court has clarified crucial aspects regarding the "readiness and willingness" requirement for specific performance of contracts and established that acceptance of refunded earnest money may render a specific performance claim untenable. Case Background The dispute originated from an unregistered Agreement to Sell executed on January 25, 2008, for a property in Patna valued at ₹25 lakhs. The buyer (respondent) had paid ₹2.51 lakhs in cash and issued three post-dated cheques of ₹2.5 lakhs each. Shortly thereafter, the seller alleged that her si...
Read more

Chhattisgarh High Court Acquits Husband Accused Under Sections 376, 377 & 304 IPC: A Legal Analysis Author: Abhishek Jat, Advocate

-
Chhattisgarh High Court Acquits Husband Accused Under Sections 376, 377 & 304 IPC: A Legal Analysis Author: Abhishek Jat, Advocate     Introduction The Chhattisgarh High Court recently delivered a crucial judgment in Gorakhnath Sharma v. State of Chhattisgarh (CRA No. 891 of 2019), reaffirming the judicial interpretation of marital rape and unnatural offenses under Indian criminal jurisprudence. The Court held that a husband cannot be prosecuted under Section 376 (rape) or Section 377 (unnatural offenses) of the Indian Penal Code (IPC) for engaging in sexual intercourse, including unnatural sex, with his major wife, even in the absence of her consent. The ruling underscores the long-standing exception in Indian criminal law regarding marital rape and highlights judicial scrutiny over charges framed under Section 304 IPC. Background of the Case The appellant, Gorakhnath Sharma, was convicted by the trial court for offenses under Sections 376, 377,...
Read more