Spread Law: Criminal Trial in Indian Law
http://spreadlaw.blogspot.in/2011/11/criminal-trial-in-indian-law.html
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Criminal Trial in Indian Law (Note: This is an ar c le wri e knowledge of law. If you are a cle en n for layman having no knowledge lawyer or a legal expert, please feel free to point out if there is any mistake in the ar c le. I f you want to give your inputs to make make this be er, er, please leave a comment comment cle. at the bo om.) om.) Many a mes we come across the term called criminal trial. In general parlance, we understand trial means that a person is facing a case in court of law. But generally people are not aware of the process of criminal trial in India. So here is the procedure for criminal trial that generally takes place in India.
Types of Cr iminal Trials Trials Before we proceed further, we must note that according to Crimin al Procedure Code, criminal trial can be of tree types namely Trial in Warrant cases, Trial in Summon Cases and Summery Trial
Trial in Warrant Warrant Cases Warrant cases are those cases in which an offence aracts a penalty of imprisonment for more than seven years and it includes offences punishab le with death and life imprisonment. In such cases, the trial starts either by filing of FIR or by filing a complaint b efore a magistrate. And if the magistrate finds that the case relates to an offence carrying a punishment for more than two years, the case is sent to the sessions court for trial.
Secon 193 of the Criminal Procedure Code clearly states that the session court can not take cognizance cognizance of any offence unless the case has been sent to it by a magistrate. The process of sending it to sessions court is generally called commi ng it to sessions court. ng
Trial in Summon Cases A summon case is a case which is not a warrant case. So in simple words, those cases in which an offence is punishable with an impriso nment of less than two years is a summon case. In this case, one must understand that if a magistrate, aer looking into the case, thinks that a case is not a summon case, he may convert it into a warrant case. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusa on, which is called “noce”, to the accused when the person appears in pursuance to the summons.
Summary Trial Case of offenses punishable with an imprisonment of not more than six months can be tried in a summary way. It is also to be noted that if the case has been tried in a summary way, a person can not be awarded a punishment of imprisonment for more than three months.
Pretrial stages Registra on of FIR FIR stands for first informaon report which is lodged under sec on 154 of the Criminal Procedure Procedure Code. The FIR is only the basis informa on which is made available to the police when a cognizable offence takes place. FIR is the first stage from which a criminal case takes the birth.
Invesgaon FIR in a criminal case leads to inves gaon in the case. Inves gaon leads an invesgang officer to reach to a conclusion whether a chargesheet has to be filed or a closure report has to be filed in the case. If the invesgaon result in discovery of an offence, a chargesheet is filed, otherwise a closure report is filed before the concerned court.
Trial If the inves gang officer finds out that a case is fit for trial then he files a chargesheet in the case.
Filing Filing of t he charge sheet
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23-12-2014 07:18
Spread Law: Criminal Trial in Indian Law
http://spreadlaw.blogspot.in/2011/11/criminal-trial-in-indian-law.html
The charge sheet is the brief summary o f how an offence had been commied? What was the role of each person who was involved in the crime and the sec ons under which the inves gang officer had charged all the accused. The charge sheet also contains the names of the person who were inves gated but could not be charged due to lack of evidence in the eyes of the inves gang agency. Filing of the charge sheet generally means that the inves gaon in the case is over and now the court has to consider the evidence collected by the inves gang a gency. It is to be noted, that if during the course of trial, some new facts come to the light, the agency may file addional charge sheets.
Framing of charges/Serving the No ce if it’s a summon case, a simple noce is given and a response is sought from the accused. But in warrant cases, the court frames the charges. Framing of charges mean that the court looks into the evidence collected by the invesgang agency and applies its mind so as to what are the charges under which an accused has to be bo oked. For example, the police has filed a chargesheet accusing a person of murder under sec on 302, but the court deems it proper to charge the person for culpable homicide not amoun ng to murder under secon 304. At this stage, if an accused pleads guilty then the court will apply its judicial mind and decide the punishment accordingly. And if the accused pleads not guilty, he is informed the charges under which he would be required to face the trial. On the other han d, if the judge finds that no offence against an accused is made out, the accused is discharged from the case. The court has to apply its mind and record the reasons for discharging an accused.
Recording of the Prosecuon Evidence Aer the charges have been framed against an accused, the prosecu on is required to produce before the court, all the evidence collected by the invesgang agency. It is to be noted that when the inves gang agency produces the evidence before the court, the evidence has to be supplemented with the statement of the prosecu on witnesses (PWs). The process of recording the statement of PWs is called Examinaon-in-Chief. The evidence which is brought before the court and which the court considers is called “Exhibit” . The witnesses brought by the prosecu on are expected to support the case presented by the prosecu on and if they fail to do so, they are declared hos le and the prosecu on may request the court not to rely on the statement of such a witness. In case the witness supports the case of the prosecu on, the defense is en tled to cross examine the witness so that they could find out the discrepancies in the statement of the witness concerned. If the defense succeeds in finding the discrepancies in the statement of the witnesses, they may ask the court not to rely on the statement of the said witness.
Statement of the accused Secon 313 of the Criminal Procedure code empowers the court to ask for an explanaon from the accused if any. The basic idea is to give an opportunity of being heard to an accused an explain the facts and circumstances appearing in the evidence against him. Under this sec on, an accused shall not be administered an oath and the accused may refuse to answer the ques ons so asked. The answers given by the accused may be taken into considera on in such inquiry or trial, and put in evidence for or against him.
Evidence of Defense Aer the statement of the accused is over, the court applies its mind and tries to find out if the accused h as commied any offence or n ot. If the court reaches the conclusion that no offence has been commied by the accused, he is acqui ed. It must be noted that while acqui ng an accused, the judge is exp ected to give reasons for acqui ng the accused. In cases of accused not being acqui ed by the court, the defense is given an opportunity to present any defense evidence in support of the accused. The defense can also produce its witnesses and the said witnesses are cross examined by the prosecu on. In India, generally the defense does not provide defense evidence as the criminal jus ce system in India puts burden of proof on the prosecu on to prove that a person is guilty of an offence beyond the reasonable doubt.
Final Arguments of both the sides Once the defense evidence of the accused is over, the prosecu on presents its final arguments. In fina l arguments, the prosecuon generally sum up its case against the accused. A er the final arguments of the prosecuon ar e over, the defense also present its final arguments. Aer the final arguments of both the sides a re over, the court generally reserve i ts judgment.
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Delivery of Judgment Aer applica on of mind, the judge delivers a final judgment holding an accused guilty of offence or acquing him of the par cular offence. If a person is acqui ed, the prosecu on is given me to file an appeal and if a person is convicted of a par cular offence, then date is fixed for arguments on sentence.
Arguments on sentence
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Once a person is convicted of an offence, both the sides present their arguments
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23-12-2014 07:18
Spread Law: Criminal Trial in Indian Law
http://spreadlaw.blogspot.in/2011/11/criminal-trial-in-indian-law.html
on what punishment should be awarded to an accused. This is generally done in cases which are punished with death or life imprisonment.
Judgment with punishment Aer the arguments on sen tence, the court finally decides what shou ld be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reforma ve theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.
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11 comments:
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N.D.K. Nikhil 16 November 2011 at 23:58 Excellent description of the entire process. Kudos to your entire team. We all eagerly look fwd to future blogs. Thanks. Reply
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anupdetroit 17 November 2011 at 08:29 you have made a wrong details there are 4 types of trial i.e. session trial (Ss.225-237) Warrant trial(Ss.238-250) and similarly summon cases trial and summary trial correct it Reply
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Abdul Gani 7 February 2013 at 19:27 you have forgotten an important aspect of the trial i.e. re-examination of the witnesses after cross examination. Further you have not clarified as to whether cross examination is carried o ut in summary and summons trials, and whether questions and answers are to be recorded in exaination, cross examination and re-examination,which formthe main crux of the trials Reply
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Navin 11 February 2013 at 01:48 Wanted to know about the procedure after f iling of charge-sheet and before framing of charges in the court. There is a time gap of fe w years between this two.
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What transpires during this waiting period. And also about exemption from appearance in the court.
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sawebzone 29 September 2013 at 06:31 We provide zealous representation for our clients from intake throughout trial. If you find yourself in need of legal representation, do not hesitate to contact our office criminal defense attorn ey
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sawebzone 29 September 2013 at 06:50 It is truly a great and helpful piece of inf ormation. I am satisfied that you simply shared this u seful information with us. Please stay us informed like this. Thanks for sharing information. We provide zealous representation for our clients from intake throughout trial. If you find yourself in need of legal representation, do not hesitate to contact our office criminal defense attorn ey
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sawebzone 29 September 2013 at 06:59 It is truly a great and helpful piece of inf ormation. I am satisfied that you simply shared this u seful information with us. Please stay us informed like this. Thanks for sharing information. We provide zealous representation for our clients from intake throughout trial. If
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23-12-2014 07:18
Spread Law: Criminal Trial in Indian Law
http://spreadlaw.blogspot.in/2011/11/criminal-trial-in-indian-law.html
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Abhishek Gupta 25 December 2013 at 09:48 You have forgotten one thing that the case which is punishable with imprisonment of upto 7 years, the magistrate does not commit it to session court. because magistrate of 1st class has power to try the off ence punishable with 7 years. Reply
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jav id 7 February 2014 at 04:09
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kindly post the difference between summary and regular trial under criminal procedure code
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Suraj Sur 15 March 2014 at 21:28 I want to know much time does a trial takes to complete in India in a magistrate court. Its a signature fraud case when the p erson was out of c ountry. Reply
A Kumar 4 July 2014 at 02:05 Kislay Pandey is one of the best corporate lawyer, Criminal Lawyer in India who practices in the supreme court and various high co urts.
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