PROCESS OF CRIMINAL TRIAL SHEJAL SHARMA

B.A.LL.B – 1st year

INTRODUCTION
Any demonstration or oversight which is precluded by regulation and is deserving of
regulation is a wrongdoing. The discipline for such wrongdoing is chosen by following
techniques of criminal preliminary. The criminal preliminaries in India are deeply
grounded legal, authoritative and legal structure. The entire criminal regulation
comprises of three fundamental demonstrations –
1.Indian Penal Code, 1860
2.Code of Criminal Procedure, 1973
3.Indian Evidence Act, 1872.
PRE TRIAL STAGE
Pre-trial Stage
1. Commission of an offence (cognizable or non cognizable)
Information to police.
Information of cognizable offence.
Information of non cognizable offence.
A. Information of cognizable offence :
Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. FIR puts
the case into motion. A FIR is information given by someone (aggrieved) to the police relating to the
commitment of an offense.
B. Information of non cognizable offence :
In case of non cognizable offence N.C.R (non cognizable report) is registered by police under section 155 of
Cr.P.C. but the police cannot start investigation or arrest the accused without the order of a Magistrate having
power to try such case.
INVESTIGATION BY POLICE
Police conduct investigation for
For collection of evidence;
Interrogation statement of accused;
Statement of witnesses;
Scientific analysis / opinion if required. During this time, at any stage decided by
investigating agency, accused persons can be arrested.
In case of cognizable offence police can start investigation after the registration of
FIR, no prior approval of magistrate is necessary. But in case of non cognizable
offence, prior approval of magistrate is necessary to start investigation.
FIRST INFORMATION REPORT
Section 173 (Final Report)The police subsequent to finishing the investigation need to record a last report under area 173 ofthe CrPC. This is the finish of the investigation and the proof
gathered by the Investigation Agency. On the off chance that the proof gathered against the accused is inadequate, at that point the police may record a report under area 169 of the
Cr.P.C and delivery the accused on executing a security and undertaking for showing up the Magistrate enabled to take cognizance. The last report will of 2 sorts

1. Closure Report.

2. Chargesheet/Final report

*Closure Report*

A closure report is documented when the police have no evidence to demonstrate that the supposed offense has been submitted by an accused. After the closure report is recorded the
officer has 4 options. Accept the report and close the case. Direct the examining agency to research the issue further, on the off chance that he/she thinks there is still some hole in the
investigation. Issue notice as he is the main individual who can challenge the closure report. May dismiss the closure report and take cognizance under area 190 of Cr.PC and under segment
204 of Cr P.C issue summons to the accused and direct his appearance to the judge.

*Charge Sheet*

A charge sheet remembers the components of the offense for an endorsed structure, and it likewise contains the total investigation of the Police specialists and the charges slapped against
the accused. It incorporates realities, in short, all statements recorded under area 161, 164, a duplicate of the FIR, rundown of witnesses, rundown of seizure, and other documental proof.
As indicated by Chap 6 of the CrP.C, on the documenting of the charge sheet, the accused might be given a summons by the officer to show up before him on a given date. On the
recording of the charge sheet, the Magistrate takes cognizance of the issue under area 190 of the Cr.P.C. The court can dismiss the charge sheet and release the accused or can
acknowledge it and edge the charges and, post the case for trial..

*Plea of Guilty Or Not Guilty By Accused*

On the off chance that the accused concedes, the court will record the request and may convict him. In the event that the accused argues not blameworthy, at that point the case is posted
for trial.
APPEAL
Appeal (within specified period of limitation)/Revision
Appeal can be filed by party aggrieved by judgment on acquittal / conviction
/sentence. On notice being issued to the opposite parties, arguments are placed
before Appellate court by defence counsel and the public prosecutor. Or,
Revision Application :
Where there is right of appeal provided but no appeal was filed then in its
discretion the Sessions Court or the High Court can entertain a revision to prevent
miscarriage of Justice occurred by the orders of the lower court.
TYPES OF CRIMINAL TRIAL
As indicated by the Code of Criminal Procedure, a Criminal Trial is of three kinds.
Contingent on the kind of criminal preliminary the various phases of a criminal
preliminary are examined beneath.
1. Warrant Case :
As per Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which
connects with offenses culpable with death, detainment forever or detainment for a
term of seven years or more. The preliminary in warrant cases begins either by the
documenting of FIR in a police headquarters or by recording a protest before a
justice. Afterward, assuming the judge is fulfilled that the offense is culpable for over
two years, he sends the case to the meetings court for preliminary. The most common
way of sending it to meetings court is classified "submitting it to meetings court".
SIGNIFICANT HIGHLIGHTS OF A WARRANT CASE
ARE:
Charges should be referenced in a warrant case
Individual appearance of denounced is compulsory
A warrant case can't be changed over into a request case
The denounced can analyze and interrogate the observers at least a time or two.
The judge ought to guarantee that the arrangements of Section 207 are .
Area 207 of Cr. P.C. 1973, incorporate the inventory of duplicates, for example,
police report, FIR, articulations recorded or some other significant archive to the
charged.
The phases of preliminary in warrant cases are given from Section 238 to Section
250 of the Code of Criminal Procedure, 1973.
DIFFERENT STAGES OF A CRIMINAL TRIAL IN A
WARRANT CASE :
1. FIR : Under Section 154 of the Code of Criminal Procedure, a FIR or First
Information Report is enlisted. FIR kicks off the case. A FIR is data given by
somebody (bothered) to the police connecting with the responsibility of an offense.
2. Investigation : The following stage after the documenting of FIR is the examination
by the exploring official. An end is made by the exploring official by looking at
realities and conditions, gathering proof, inspecting different people and taking
their proclamations recorded as a hard copy and the wide range of various
advances essential for finishing the examination and afterward that end is
documented to the justice as a police report.
3. Charges : In the event that subsequent to considering the police report and other
significant archives the blamed isn't released then the court outlines charges under
which he is to be tested. In a warrant case, the charges ought to outlined in
compose.
4. Plea of Guilty : Section 241 of the Code of Criminal Procedure, 1973 discussions
about the request of blameworthy, subsequent to outlining of the charges the
denounced is offered a chance to concede, and the obligation lies with the
adjudicator to guarantee that the supplication of responsibility was intentionally
made. The adjudicator may upon its tact convict the charged.
5. Prosecution Evidence : After the charges are outlined, and the denounced
confesses, then, at that point, the court requires the indictment to deliver proof to
demonstrate the culpability of the blamed. The indictment is expected to help their
proof with proclamations from its observers. This interaction is designated "assessment
in boss". The justice has the ability to give summons to any individual as an observer
or orders him to deliver any archive.
6. Statement of the Accused : Section 313 of the Criminal Procedure Code offers a chance to
the charged to be heard and make sense of current realities and conditions of the case. The
assertions of blamed are not recorded after swearing to tell the truth and can be utilized
against him in the preliminary.
7. Defence Evidence : An open door is given to the charged for a situation where he isn't
being absolved to deliver to safeguard his case. The protection can create both oral and
narrative proof. In India, since the obligation to prove any claims is on the indictment the
guard, by and large, isn't expected to give any protection proof.
8. Judgement : A ultimate choice of the court with reasons given on the side of the absolution
or conviction of the blamed is known as judgment. In the event that the denounced is cleared,
the arraignment is given chance to offer against the request for the court. Whenever the
individual is indicted, then the two sides are welcome to give contentions on the discipline
which is to be granted. This is normally done when the individual is indicted for an offense
whose discipline is life detainment or the death penalty.
2. SUMMON CASES
As indicated by Section 2(w) of Code of Criminal Procedure, 1973, Those cases in which an offense
is culpable with a detainment of less than two years is a gather case. A bring case doesn't need
the strategy for setting up the proof. By and by, a bring case can be changed over into a warrant
case by the justice if in the wake of investigating the case he imagines that the case isn't a gather
case.
Significant focuses about gathers case :
1. A request case can be changed over into a warrant case.
2. The individual denounced need not be available actually.
3. The individual denounced ought to be educated about the charges orally. No requirement for
outlining the charges recorded as a hard copy.
4. The blamed gets just a single an open door to question the observers.
The various phases of criminal preliminary in a gather case are given from Section 251 to Section
259 of the Code of Criminal technique.
STAGES OF CRIMINAL TRIAL IN SUMMON CASES
1. Pre-trial: In the pre-preliminary stage, the interaction considering present realities led to
record of FIR and examination.
2. Charges: In gathers preliminaries, charges are not outlined recorded as a hard copy. The
charged shows up under the steady gaze of the court or is brought under the steady gaze
of the court then the Magistrate would orally express current realities of the offense he is
liable.
3. Plea of Guilty: The Magistrate in the wake of expressing current realities of the offense
will inquire as to whether he confesses or has any safeguard to help his case. On the off
chance that the denounced confesses, the Magistrate keeps the assertion in the expressions
of the blamed quite far and may convict him on his attentiveness.
4. Plea of Guilty & Absence of the Accused: In cases, where the charged needs to confess
without showing up in the court, the denounced should send Rs.1000/ - by post or through
a courier (legal advisor) to the Magistrate. The truant ought to likewise send a letter
containing an acknowledgment of responsibility and how much fine given in the request.
The Magistrate can on his tact convict the charged.
5. Prosecution & Defence Evidence: In brings case, the system followed is
exceptionally basic and elaborate methodology are dispensed with. In the event that
the blamed doesn't concede, then, at that point, the course of preliminary beginnings.
The indictment and the safeguard are approached to introduce proof on the side of
their cases. The Magistrate is likewise enabled to take the assertion of the
denounced.
6. Judgment: When the sentence is articulated in a request case, the gatherings need
not contend on how much discipline given. The sentence is the sole circumspection of
the adjudicator. Assuming the blamed is absolved, the arraignment has the option to
pursue. This option to advance is likewise reached out to the charged.
SUMMARY TRIAL
Cases which for the most part take only a couple of hearings to choose the matter
goes under this class. The rundown preliminaries are held for little offenses to lessen
the weight on courts and to set aside time and cash. Those cases wherein an offense is
culpable with a detainment of not beyond what a half year can be attempted in an
outline way. The point actually important is that, assuming the case is being
attempted in an outline way, an individual can't be granted a discipline of
detainment for over 90 days.

The preliminary strategy is given from Section 260 to Section 265 of the Code of
Criminal Procedure.
STAGES OF CRIMINAL TRIAL IN SUMMARY CASES
The system continued in the synopsis preliminary is like summons-case.
Detainment as long as 90 days can be passed.
In the judgment of a rundown preliminary, the appointed authority ought to record
the substance of the proof and a concise assertion of the finding of the court with
reasons.
FLOWCHART
CONCLUSION
Judges' clearest commitment is to manage preliminaries or hearings, and to tune in as lawyers support their
clients. Makes a decision about rule on the acceptability of confirmation and tribute processes and can be
called upon to determine debates between contending lawyers. They should guarantee that guidelines and
guidelines are adhered to, and judges decipher the law to conclude how the preliminary will continue assuming
explicit circumstances happen under which standard methodology have not been characterized. Judges
frequently hold pretrial hearings on cases. They pay attention to the charges and conclude whether the proof
introduced genuinely deserve a jury. In criminal cases, judges might conclude that individuals blamed for
violations are to be held in prison forthcoming preliminary, or they might set conditions for discharge.
Judges and officers periodically force limitations on the gatherings in common cases, until a preliminary is held.
Criminal methodology regulation directs how thought guilty parties are caught, charged, and attempted;
punishments are forced on indicted wrongdoers, and techniques for testing the legitimateness of conviction are
placed after judgment. In this field, prosecution frequently manages clashes of basic significance to the
distribution of force between the state and its residents. Indeed, even a solitary day in prison annihilates the
denounced's mentality. He is isolated from the group of which he is the provider, in this manner, the entire
family gets denied of their day to day bread. The shame related with the capture and the resulting remand
embarrasses the respondent. The irrational and whimsical utilizations of regulations diminishes the opportunity
and freedom of these individuals.