Introduction
A trial is the adjudication of a case by the court of law. In a trial, evidence is taken and appreciated, facts are analyzed, issues are framed, and law is applied to come to a particular decision. These are known as different stages of a trial. The Code of Criminal Procedure and now the newly enacted Bhartiya Nyayik Suraksha Sanhita (BNSS) prescribe the procedure for these different stages of trial.
This article aims to present before the readers the nine stages of a criminal trial. The article also aims to present the stages before the commencement of trial, i.e., the lodging of the First Information Report (FIR) and the investigation before the police officers.
It is to be noted that the stages of trial also differ on the basis of the nature of the offense, like summons cases, warrant cases, and the session’s trial. This law note covers the stages of the Sessions Trial.
Lodging of FIR (pre-trial stage)
The trial starts with the lodging of the FIR, which is mentioned under Section 154 of the Crpc. The FIR is any information related to the commission of the cognizable offence (any offence for which the Police officer may arrest without a warrant and are generally serious in nature) and is given to the Police Officer.
The recording of FIR when such information is given is compulsory, as held in the case of Lalita Kumari v. State of Uttar Pradesh (2014). In this case, by applying the rules of interpretation, it was held that the use of the word “shall’’ in Section 154 CrPC obliges a police officer to record the FIR when such information is furnished.
Moreover, in the case of Youth Bar Association v. Union of India, the online uploading of FIR has also been made compulsory except when the offense relates to rape.
Investigation as conducted by the police officers
After the lodging of the FIR, the investigation is conducted by the police officers. During the investigation, the police officers examine the potential witnesses, visit the place of occurrence, and exercise power with respect to search and seizure to ascertain whether any offense is made out or not. Statements of witnesses are recorded as per Section 162 Crpc; search and seizure is made through Section 165 (without warrant); search and seizure outside India is made as per Sections 166A and 166B Crpc.
All these things related to investigation as to the proceeding to the spot, recording of statements, etc. are recorded under Section 172 Crpc under Case diary. It sometimes aids the Court to ascertain some facts and circumstances and may also be used to refresh memory but is not used as evidence in the case.
If on the basis of evidence received any case is made out against the accused, a report is submitted by the police officers to the magistrate having jurisdiction, known as a police report under Section 173 Crpc, and the magistrate takes cognizance of the offense on the basis of that report if any offense is made out.
- Cognizance by the Magistrate and committal to the Sessions Court
If, on the basis of the police report, any case is made out, the magistrate takes cognizance of the offense under Section 190(b) Crpc. Taking cognizance means making himself aware that some offense has been committed.
The Court of Session hasn’t itself taken cognizance of the offense according to Section 193 Crpc. If the magistrate is satisfied that any offense is committed that is triable by the Court of Sessions, then it commits the case under Section 209 Crpc.
- Opening of the case by Prosecution
According to Section 225 of the Crpc, the trial before the Court of Session is conducted by the prosecution. It opens its case by explaining the charges against the accused and the evidence through which it seeks to prove the guilt of the accused.
According to Section 227, if, after hearing the prosecution case and considering the evidence on record and on the basis of a brief oral examination of the accused, the Court is satisfied that no case is made out against the accused, then it shall discharge the accused.
- Framing of charges
If the accused is not discharged, and the Court is of the opinion that
- There are sufficient grounds to proceed against the accused.
- and the case is fit to be tried by the Court of Sessions.
Then it shall frame the charges against the accused. If the case is not triable exclusively by the Court of Sessions, then it may frame the charge and may refer the case to the Magistrate or the Chief Judicial Magistrate having jurisdiction to try the case.
The charges shall be explained to the accused, and he shall be asked whether he pleads guilty or not. If he pleads guilty, then he shall be convicted on the basis of his plea under Section 229 Crpc.
- Fixing date for prosecution to seek evidence
If the court doesn’t convict the person under Section 229 on his plea of guilt, then a date shall be fixed for taking all the prosecution witnesses. The Court may permit the cross-examination of a witness, which may be deferred until all the witnesses are examined.
- Acquittal of the accused
If, on the basis of evidence and the prosecution case, the Court is of the opinion that there are not sufficient grounds to proceed against the accused, then he may be acquitted under Section 232 of the Crpc.
- Defence evidence
If the accused is not acquitted under Section 232, then under Section 233 he would be allowed to make his defense. He may also compel the attendance of witnesses or the production of any evidence, and for that, an application may be made to the court, and the court may allow, if not made, to delay the case or is vexatious in nature.
- Arguments stage
The second last stage of the criminal trial is the arguments stage. After the defense’s arguments are completed, the prosecution is called to reply generally on all the ases. The accused shall then be entitled to reply. If any point of law is raised, then the prosecution may address the court on that point.
- Judgment/Acquittal or Conviction
The last stage of a criminal trial is the judgment. Here, based upon all the evidence, facts, and circumstances, judgment is pronounced.
- Sentencing of the accused (final stage of the criminal trial).
If the accused is found guilty, then the judge may take the decision of sentencing if he is not released on probation under Section 360.
Conclusion
The present article, therefore, has dealt with different 9 stages of the crimianl trial. Also, the article has discussed different stages under which trials are conducted.
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