TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

B.A.LL.B (INTEGRATED LAW DEGREE COURSE)

CODE OF CRIMINAL PROCEDURE (V SEMESTER)

“PROJECT WORK”

“TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE”

SUBMISSION TO: SUBMITTED

BY :

MR. ADITYA CHOUDHARY PRANAV SHARMA

FACULTY OF CODE OF CRIMINAL PROCEDURE 17RU11018

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DESIGNATION: ASSISTANT PROFESSOR RAJAT KAUSHIK

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17RU11020

SESSION:-2017-2022

SEMESTER:-V
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to MR. ADITYA
CHOUDHARY for inspiring me and guiding me during the course of this project work and also for
her cooperation and guidance from time to time during the course of this project work on the
topic “TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE”

Date of Submission: 20-11-2019

Name of Student: PRANAV SHARMA

RAJAT KAUSHIK
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 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

TABLE OF CONTENTS

1. Introduction.
2. Types of Criminal Trial.
3. Trial in Warrant Cases.
4. Stages of Criminal Trial in Warrant Cases.
5. Trial in Summon Cases.
6. Stages of Criminal Trail in Summon Cases.
7. Summary Trial.
8. Stages of Summary Trial.
9. Partial Stages.
10. References.
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 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

INTRODUCTION-

The code of criminal procedure 1973(CrPC) is a procedural law providing the mechanism in
which manner the criminal trial is to be conducted on the basis of substantive criminal i.e. I.P.C.
and other criminal statue. The primary object of the criminal justice system is to ensure that the
trial must be fair. The presiding officer is supposed to treat the accused innocent till charge is
proved against him but at the same time the guilty person should not be escaped from the
punishment.

The word “Trial” is not defined anywhere in the Criminal Procedure Code, however, it means an
commonly understood the stage of trial began after framing the charge and end with the
conviction or acquittal. The criminal procedure for judicial adjudications is divided in 37
chapters and classified in two schedules

i. The offences classified under I.P.C.

ii. The offences classified other than I.P.C.

The nature of the trial are divided on the basis of the gravity, seriousness of the offence the
substantive law i.e. I.P.C. is divided into 37 parts by granting separate nomenclature particularly
the nature of offences like the offence against State, human body, property, public tranquility,
documents, marriage and etc.
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Many a times 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 CRIMINAL TRIAL-

 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

according to Criminal Procedure Code, criminal trial can be of tree types namely Trial in
Warrant cases, Trial in Summon Cases and Summery Trial

TRIAL IN WARRANT CASES -

Warrant cases are those cases in which an offence attracts a penalty of imprisonment for more
than seven years and it includes offences punishable with death and life imprisonment. In such
cases, the trial starts either by filing of FIR or by filing a complaint before 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. Section 193 of the Criminal Procedure Code
clearly states that the session court can not take 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
committing it to sessions court.

IMPORTANT FEATURES OF A WARRANT CASE ARE-

 Charges must be mentioned in a warrant case

 Personal appearance of accused is mandatory
 A warrant case cannot be converted into a summons case
 The accused can examine and cross-examine the witnesses more than once.
 The magistrate should ensure that the provisions of Section 207 are .
 Section 207 of Cr. P.C. 1973, include the supply of copies such as police report, FIR,
statements recorded or any other relevant document to the accused.

The stages of trial in warrant cases are given from Section 238 to Section 250 of the Code of
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Criminal Procedure, 1973.

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DIFFERENT STAGES OF CRIMINAL TRIAL IN A WARRANT CASE WHEN INSTITUTED BY THE

POLICE REPORT-

 FIRST INFORMATION REPORT: Under Section 154 of the Code of Criminal

Procedure, a FIR or First Information Report is registered. FIR puts the case into
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

motion. A FIR is information given by someone (aggrieved) to the police relating to

the commitment of an offense.

It is the first in point of time and on the ground and strength of which the investigation
into an offence is commenced.

In Hasib vs. State of Bihar the court held that it can be used to corrobrate the
information under section 157 of Indian Evidence Act, 1872 or to contradict him
under section 145 of the act provided that the informant is called as witness at the time
of trial

 INVESTIGATION: The next step after the filing of FIR is the investigation by the
investigating officer. A conclusion is made by the investigating officer by examining
facts and circumstances, collecting evidence, examining various persons and taking
their statements in writing and all the other steps necessary for completing the
investigation and then that conclusion is filed to the magistrate as a police report.

It includes all the efforts of a police officer for collection of evidence, Proceeding to
the spot, ascertaining facts and circumstances, discovery and arrest of the suspected
offender, collection of evidence relating to the commission of offence, formation of
opininon as to whether on the basis of the meterial collected. The investigation ends
with a police report to the megistrate. It leads an investigating officer to reach a
conclusion whether a charge-sheet has to be filed or a closure report has to be filed.

 CHARGES: If after considering the police report and other important documents the
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accused is not discharged then the court frames charges under which he is to be
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trialled. In a warrant case, the charges should be framed in writing.

In Ravi Kumar vs. State of Punjab[(2005) 9 SCC 315] the court held that if a person is
not discharged and trial shall begin by framing charge (nothing but a specific
accusation against the accused) and reading and explaining it to him(so that he knows
what he is to force)
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

 PLEA OF GUILTY: Section 241 of the Code of Criminal Procedure, 1973 talks about
the plea of guilty, after framing of the charges the accused is given an opportunity to
plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt
was voluntarily made. The judge may upon its discretion convict the accused.
 PROSECUTION EVIDENCE: After the charges are framed, and the accused pleads
guilty, then the court requires the prosecution to produce evidence to prove the guilt of
the accused. The prosecution is required to support their evidence with statements
from its witnesses. This process is called “examination in chief”. The magistrate has
the power to issue summons to any person as a witness or orders him to produce any
document.
 STATEMENT OF THE ACCUSED: Section 313 of the Criminal Procedure Code gives an
opportunity to the accused to be heard and explain the facts and circumstances of the
case. The statements of accused are not recorded under oath and can be used against him
in the trial.
 DEFENCE EVIDENCE: An opportunity is given to the accused in a case where he is not
being acquitted to produce so as to defend his case. The defense can produce both oral
and documentary evidence. In India, since the burden of proof is on the prosecution the
defense, in general, is not required to give any defense evidence.
 JUDGEMENT: The final decision of the court with reasons given in support of the
acquittal or conviction of the accused is known as judgement. In case the accused is
acquitted, the prosecution is given time to appeal against the order of the court. When the
person is convicted, then both sides are invited to give arguments on the punishment
which is to be awarded. This is usually done when the person is convicted of an offense
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whose punishment is life imprisonment or capital punishment.

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STAGES OF CRIMINAL TRIAL IN A WARRANT CASE WHEN PRIVATE COMPLAINT INSTITUTES

CASE-
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

 On the filing of the complaint, the court will examine the complainant and its
witnesses on the same day or any other day to decide whether any offense is made
against the accused person or not.
 After examination of the complainant, the Magistrate may order an inquiry into the
matter and submit a report for the same.
 After examination of the complaint and the investigation report, the court may come
to a conclusion whether the complaint is genuine or whether the prosecution has
sufficient evidence against the accused or not. If the court does not find any sufficient
material through which he can convict the accused, then the court will dismiss the
complaint and record its reason for dismissal.
 After examination of the complaint and the inquiry report, if the court thinks that the
prosecution has a genuine case and there are sufficient material and evidence with the
prosecution to charge the accused then the Magistrate may issue a warrant or a
summon depending on the facts and circumstances.

TRAIL 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 imprisonment of less than two years is a summon case. In this
case, one must understand that if a magistrate, after 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 accusation, which is called “notice”, to
the accused when the person appears in pursuance to the summons.
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IMPORTANT POINTS ABOUT SUMMONS CASE -

 A summons case can be converted into a warrant case.

 The person accused need not be present personally.
 The person accused should be informed about the charges orally. No need for framing
the charges in writing.
 The accused gets only one opportunity to cross-examine the witnesses.
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

The different stages of criminal trial in a summon case are given from Section 251 to Section
259 of the Code of Criminal procedure.

STAGES OF CRIMINAL TRIAL IN A SUMMONS CASE -

 PRE-TRIAL: In the pre-trial stage, the process such as filing of FIR and investigation
is conducted.
 CHARGES: In summons trials, charges are not framed in writing. The accused appears
before the court or is brought before the court then the Magistrate would orally state
the facts of the offense he is answerable.
 PLEA OF GUILTY: The Magistrate after stating the facts of the offense will ask the
accused if he pleads guilty or has any defense to support his case. If the accused
pleads guilty, the Magistrate records the statement in the words of the accused as far
as possible and may convict him on his discretion.
 PLEA OF GUILTY AND ABSENCE OF THE ACCUSED: In cases, where the accused wants
to plead guilty without appearing in the court, the accused is supposed to send
Rs.1000/- by post or through a messenger (lawyer) to the Magistrate. The absentee
should also send a letter containing an acceptance of guilt and the amount of fine
provided in the summons. The Magistrate can on his discretion convict the accused.
 PROSECUTION AND DEFENSE EVIDENCE: In summons case, the procedure followed is
very simple and elaborate procedures are eliminated. If the accused does not plead
guilty, then the process of trial starts. The prosecution and the defense are asked to
present evidence in support of their cases. The Magistrate is also empowered to take
the statement of the accused.
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 JUDGEMENT: When the sentence is pronounced in a summons case, the parties need

not argue on the amount of punishment given. The sentence is the sole discretion of
the judge. If the accused is acquitted, the prosecution has the right to appeal. This
right to appeal is also extended to the accused.

SUMMARY TRIAL-
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

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.

STAGES OF CRIMINAL TRIAL IN SUMMARY CASES -

 The procedure followed in the summary trial is similar to summons-case.

 Imprisonment up to three months can be passed.
 In the judgement of a summary trial, the judge should record the substance of the
evidence and a brief statement of the finding of the court with reasons.

PARTIAL STAGES-

i. REGISTRATION OF FIR- FIR stands for first information report which is lodged under
section 154 of the Criminal Procedure Code. The FIR is only the basis information 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..
ii. INVESTIGATION- FIR in a criminal case leads to investigation in the case. Investigation
leads an investigating 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 investigation result in discovery
of an offence, a chargesheet is filed, otherwise a closure report is filed before the
concerned court.
iii. TRIAL- If the investigating officer finds out that a case is fit for trial then he files a
chargesheet in the case.
iv. FILING OF THE CHARGE SHEET- The charge sheet is the brief summary of how an
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offence had been committed? What was the role of each person who was involved in the
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crime and the sections under which the investigating officer had charged all the accused.
The charge sheet also contains the names of the person who were investigated but could
not be charged due to lack of evidence in the eyes of the investigating agency. Filing of
the charge sheet generally means that the investigation in the case is over and now the
court has to consider the evidence collected by the investigating agency. It is to be noted,
 TYPES OF CRIMINAL TRIAL AND ITS PROCEDURE

that if during the course of trial, some new facts come to the light, the agency may file
additional charge sheets.
v. FRAMING OF CHARGES/SERVING - The Notice if it’s a summon case, a simple notice 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
investigating agency and applies its mind so as to what are the charges under which an
accused has to be booked. For example, the police has filed a chargesheet accusing a
person of murder under section 302, but the court deems it proper to charge the person
for culpable homicide not amounting to murder under section 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 hand, 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.
vi. RECORDING OF THE PROSECUTION EVIDENCE- After the charges have been framed
against an accused, the prosecution is required to produce before the court, all the
evidence collected by the investigating agency. It is to be noted that when the
investigating agency produces the evidence before the court, the evidence has to be
supplemented with the statement of the prosecution witnesses (PWs). The process of
recording the statement of PWs is called Examination-in-Chief. The evidence which is
brought before the court and which the court considers is called “Exhibit” . The
witnesses brought by the prosecution are expected to support the case presented by the
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prosecution and if they fail to do so, they are declared hostile and the prosecution may
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request the court not to rely on the statement of such a witness. In case the witness
supports the case of the prosecution, the defense is entitled 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.
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vii. STATEMENT OF THE ACCUSED- Section 313 of the Criminal Procedure code empowers
the court to ask for an explanation 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 section, an accused shall not be
administered an oath and the accused may refuse to answer the questions so asked. The
answers given by the accused may be taken into consideration in such inquiry or trial, and
put in evidence for or against him.
viii. EVIDENCE OF DEFENSE- After the statement of the accused is over, the court applies its
mind and tries to find out if the accused has committed any offence or not. If the court
reaches the conclusion that no offence has been committed by the accused, he is
acquitted. It must be noted that while acquitting an accused, the judge is expected to give
reasons for acquitting the accused.
In cases of accused not being acquitted 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 prosecution. In India,
generally the defense does not provide defense evidence as the criminal justice system in
India puts burden of proof on the prosecution to prove that a person is guilty of an
offence beyond the reasonable doubt.
ix. FINAL ARGUMENTS OF BOTH THE SIDES- Once the defense evidence of the accused is
over, the prosecution presents its final arguments. In final arguments, the prosecution
generally sum up its case against the accused. After the final arguments of the
prosecution are over, the defense also present its final arguments. After the final
arguments of both the sides are over, the court generally reserve its judgment.
x. DELIVERY OF JUDGMENT- After application of mind, the judge delivers a final judgment
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holding an accused guilty of offence or acquitting him of the particular offence. If a

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person is acquitted, the prosecution is given time to file an appeal and if a person is
convicted of a particular offence, then date is fixed for arguments on sentence.
xi. ARGUMENTS ON SENTENCE- Once a person is convicted of an offence, both the sides
present their arguments on what punishment should be awarded to an accused. This is
generally done in cases which are punished with death or life imprisonment.
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xii. JUDGMENT WITH PUNISHMENT- After the arguments on sentence, the court finally
decides what should be the punishment for the accused. While punishing a person, the
courts consider various theories of punishment like reformative 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.

REFERENCES-
 https://criminaltrials.blogspot.com/2012/09/stages-of-criminal-trial.html
 https://www.lawyersclubindia.com/experts/Stages-in-criminal-trial-84286.asp
 http://www.mondaq.com/pdf/clients/318472.pdf
 https://www.lawfarm.in/blogs/process-of-criminal-trial-and-proceedings-in-india
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