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What are the stages of a criminal trial in India?

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(@Prajakta singh)
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Sir, if someone is facing a criminal case, what are the different steps that happen in court from start to end?

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Legallyne
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Understanding the stages of a criminal trial is essential not just for lawyers, but also for the general public—especially if you're involved as a complainant, accused, or witness. The Indian criminal justice system follows a structured and procedural approach to ensure fair trial, transparency, and justice. Let me walk you through the key stages of a criminal trial, particularly in warrant cases initiated by a police report, which is the most common format.

 

🔹 Registration of FIR (First Information Report)

The process begins when a victim or witness approaches the police and provides information about a cognizable offence (like murder, rape, theft, etc.). Under Section 154 CrPC, the police register an FIR, which sets the criminal law machinery into motion. In non-cognizable cases, prior permission of the magistrate is required.

 

🔹Investigation by Police

Once the FIR is registered, the police begin the investigation, which includes:

  • Visiting the crime scene
  • Gathering evidence
  • Interrogating witnesses
  • Arresting suspects (if necessary)
  • Collecting forensic reports or medical evidence

This culminates in the final report, commonly known as the charge sheet (under Section 173 CrPC), or a closure report if the police find no sufficient evidence.

 

🔹 Cognizance by Magistrate and Framing of Charges

Upon receiving the police report, the magistrate takes cognizance under Section 190 CrPC. If sufficient grounds exist, the court frames charges against the accused under Section 228 CrPC. The accused is asked whether they plead guilty or not. If not guilty, the matter proceeds to trial.

In summons cases, the process is slightly simpler and charges may not be formally framed but explained to the accused.

 

🔹 Commencement of Trial and Examination of Prosecution Witnesses

The trial begins with the prosecution presenting its evidence. Witnesses are called one by one for examination-in-chief (by the public prosecutor), followed by cross-examination by the defence counsel.

This is a crucial phase because the burden of proof lies on the prosecution to establish the guilt of the accused beyond reasonable doubt.

 

🔹Statement of Accused under Section 313 CrPC

After the prosecution evidence is complete, the accused is given a chance to explain the circumstances against them. The court records the accused's version without oath, under Section 313 CrPC.

This stage allows the accused to clarify facts and respond to the evidence brought against them.

 

🔹 Defence Evidence (Optional)

The defence may also produce witnesses or documentary evidence. However, since the burden is on the prosecution, defence evidence is not mandatory, and often, no witnesses are called unless needed.

 

🔹 Final Arguments

Once both sides have submitted their evidence, final arguments are presented. The prosecution sums up the case trying to prove guilt; the defence focuses on loopholes, contradictions, or absence of intent.

 

🔹 Judgment

The court delivers its judgment based on facts, law, and evidence. The accused may be:

  • Acquitted, if found not guilty
  • Convicted, if found guilty

If convicted, the court proceeds to hear the accused on the quantum of sentence and may pass an order of imprisonment, fine, or both, depending on the nature of the offence.

 

🔹Appeal/Revision

The convicted person has a right to appeal the judgment before a higher court. Similarly, a complainant or state can challenge an acquittal. Appeals are governed by Chapter XXIX of CrPC.

 

 Practical Advice

As a legal practitioner, I always advise clients to understand these stages thoroughly. Patience is key, as trials can be time-consuming. Ensure that you have a capable advocate, maintain all documents and dates, and never ignore court summons. Also, remember that justice may be delayed but not denied—trust the process and keep records of everything.

 

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