Stages of a criminal trial in India

Stages of a Criminal Trial in India

A criminal trial in India follows a structured legal process designed to ensure fairness, due process, and adherence to constitutional safeguards. Each stage serves a distinct purpose, from initiating proceedings to determining guilt or innocence.

The procedure for a criminal trial is governed primarily by the Code of Criminal Procedure (CrPC) and varies slightly depending on whether the case is a summons case, warrant case, or sessions trial.

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The trial begins when the court takes cognizance of the offence after the police file a charge sheet under Section 173 CrPC or upon a private complaint. The Magistrate then examines whether sufficient grounds exist to proceed against the accused.

Once cognizance is taken, the court proceeds to framing of charges. Charges clearly specify the allegations against the accused and enable them to understand the case they must meet.

1. Cognizance taken by the court.
2. Framing of Charges or discharge of the accused.
3. Commencement of Trial with evidence.

After charges are framed, the prosecution leads evidence in support of its case. Witnesses are examined, cross-examined by the defence, and documents are formally proved before the court.

A criminal trial is not a formality; each stage protects the rights of the accused and the interests of justice.

• Examination-in-Chief of prosecution witnesses.
• Cross-Examination by the defence.
• Re-Examination if required.

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• Statement of Accused under Section 313 CrPC.
• Defence Evidence, if the accused chooses to lead it.
• Final Arguments by both sides.

Judgment and sentencing

After hearing final arguments, the court delivers its judgment. The judgment may result in acquittal or conviction based on appreciation of evidence and application of law.

In case of conviction, the court hears the accused on the question of sentence before passing the final sentencing order, as required under law.

The criminal trial thus concludes with a reasoned judgment, subject to the right of appeal available to both the accused and the prosecution.