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Stages of Trial PDF
Stages of Trial PDF
Learning objective
Your work in court will largely relate to the filing of various kinds of complaints and
applications, and conducting trials. What does a trial comprise of? Read on to find out
the stages in the trial process and the role of each participant plays in a trial. While
reading about trials, try to think out how you can best perform your role of safeguarding
your client’s interest at each stage. Answers and hints will be provided in the following
modules, but keep looking for them now onward.
● Issuance of Court Process: On cognizance being taken by the Court, the
presence of the accused persons before it is mandatory. It can secure the
presence of the Accused persons in various ways:-
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present before it for a proper adjudication of the case. Usually, for
witnesses, a summons would be issued failing which a bailable warrant
would be issued to secure presence if the summons is not answered.
o It is pertinent to note that in cases of Complaints (i.e. cases which are not
based upon a police report), the Magistrate before taking cognizance may
enquire or direct a police officer to investigate whether there is a ground
for proceeding. In cases where the offence is alleged to have been
committed by persons who are outside the jurisdiction of the Magistrate, it
is mandatory that an enquiry be conducted before taking cognizance. This
enquiry usually consists of pre-summoning evidence taken on oath. On the
conclusion of this evidence, the Magistrate will determine whether or not
cognizance can be taken and thereafter process issued to the Accused.
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Court can liberally allow the Accused to be represented by a lawyer
only. As an Accused who is on bail, one has to file an application
seeking exemption from the Court stating the reasons. This should
ideally be moved well in advance if it is for an extended period of
time, but usually, can be moved on the same day in most cases.
However, this is viewed as a favour the Court does to the Accused
and therefore the Accused should as far as possible remain present
and seek exemption only when absolutely unavoidable. The reasons
and supporting documents for exemption are generally more
closely examined. In special cases, the Court may also grant
permanent exemption to the Accused person. For example, if the
Accused is old or chronically ill or disturbs proceedings persistently,
then the Court can permanently exempt the Accused from
appearing provided he is represented through his counsel. See
section 317 CrPC.
An interesting judgment on the point would be the Delhi High Court decision in
Chandramouli Prasad’s case.
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where applications under section 207 are explained in more detail. It is important
to distinguish between an application under s. 91 CrPC and s. 207 as s. 91 only
applies to documents which have not been seized by the Investigating Agency.
Where the Court is not required to provide a copy to a party, the party to a
litigation can apply for inspection of the court record and also apply for certified
copies of the relevant material on nominal payment.
● Arguments on Charge: This is an important phase of the trial wherein the Court
considers the question as to whether or not charges are to be framed. The
Prosecution argues as to why charges are to be framed whereas the Defence gets
a chance to argue why not even a prima facie case can be made out from the
material on record. At this stage the Defence is not permitted to introduce
material other than what is relied upon in the Chargesheet. The Accused can
consider filing an application for discharge. It is pertinent to distinguish a
“discharge” from an “acquittal”. An acquittal takes place if a finding of not guilty
is made at the end of the entire trial after charges are framed, evidence recorded
and arguments addressed. A discharge takes place before charges are framed.
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o The Supreme Court had issued directions for taking testimony of certain
categories of persons. These guidelines related to conduct of in-camera
proceedings or the presence of a screen separating the victim/ witness and
the accused while conducting the trial. Therefore, when testimony of a
child victim or other kinds of vulnerable witnesses (e.g. prosecutrix /
victim of a sexual offence is taken), the prosecution/ counsel for the victim
may have to make a request for special measures to protect the victim so
that he or she is able to depose safely. Taking cue from this, different
guidelines have been passed across the country to implement the
Supreme Court guidelines. For example, in Delhi, the Delhi High Court has
released the vulnerable witness guidelines, t o be followed by all criminal
courts in Delhi, while taking evidence from any child who is under 18 years
of age (defined as a vulnerable witness under the guidelines). These
guidelines provide for in-camera proceedings (where the court may ask
the press and other audience to vacate the room), presence of a screen
between the accused and the witness, use of voice-altering devices or live
video transmission of testimony from another room. The court may also
grant police protection or impose ‘no-contact’ bail conditions against the
accused.
The accused also has the option of choosing to appear as a defense witness. In
such a case he or she will have to give evidence on oath and he or she is
susceptible to examination-in-chief and cross-examination. If the accused refuses
to appear as a witness no adverse inference will be drawn. This is usually not a
common practice. This is a high risk strategy for any accused - if the judge finds
the testimony of the accused to be reliable, there may be good chances of his or
her acquittal. On the other hand, it also makes him or her more vulnerable to
cross-examination by the prosecution. (Refer to Section 315, Criminal Procedure
Code)
● Judgment: The Court writes the judgment after hearing all the evidence and
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arguments to determine whether or not the Accused is guilty of the offences he
has been charged with. The judgment must address all the issues raised and
needs to be a reasoned order.
● Probation – As a counsel for the defendant, ensure that you see if your client is
eligible to probation and pray for it. For probation, see the following provisions:
● Appeal – After the judgment and the order on sentence, you may take a decision
on filing an appeal. On the prosecution side, the victim or the Directorate of
Prosecution can file an appeal. On the side of defense, the accused may decide to
file an appeal (along with an application for suspension of sentence). The right of
appeal is provided in the Criminal Procedure Code. See the chapter on appeals for
more details on this. In criminal cases, Supreme Court has special powers to hear
appeals (contrary to civil cases, where it is mandatory to file a Special Leave
Petition or obtain a certificate from the High Court to appeal). As per the
Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (see
here), one can appeal to the Supreme Court (from a High Court’s judgment) if:
o The High Court has reversed an acquittal and sentenced the accused to
imprisonment exceeding 10 years.
o The High Court has taken up a case proceeding in the trial courts upon
itself and sentenced the accused to imprisonment exceeding 10 years.
The above discussion explained the investigation and trial process – which is broadly
discussed in the CrPC. Now that you are conversant with these, it is time to move on to
criminal drafting and trials. In later modules, you will also learn about more technical
aspects (not discussed in CrPC) such as case management, listing, cause lists, etc.
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