Trial Proceedings In A Criminal Case
The whole study is on the trail procedure as per criminal procedure code. It
gives the whole idea of trail proceedings in the session court. It describes all
the steps which are part of proceedings. We must first grasp the very
fundamental idea of a trial before moving on to the different concepts connected
with trials in India's criminal justice system. The Court's ruling or a judicial
judgement by the Court determining the person's guilt or innocence is what is
generally meant by the term "trial."
In a criminal case, a trial is extremely important. When the pre-trial process,
including the First Information Report and investigation, is over, the trial
stage begins. The criminal procedural code of 1973, the Indian penal code of
1860, and the Indian Evidence Act of 1872, in that order, regulate the process,
the punishment, and the facts or evidence in each case. The CrPC, 1973 specifies
the process for criminal trials and the different types of trials.
When discussing the nation's legal changes, we cannot overlook the enormous
diversity that exists in India, a country where the most significant and obvious
feature that is easy to detect is the nation's diversity. The Nirbhaya case, the
Taj attacks of 26/11, and a long list of other significant court cases have been
witnessed by the Indian country. In a very short period of time, India's legal
system underwent a very significant transformation, and as that transition
continues to proceed at an increasingly rapid rate, the Indian subcontinent's
legal landscape will continue to evolve significantly.
The first instance involved Ascentia Dawes, a British woman who was accused of
killing her slave daughter, and it occurred in 1665. Thus, the trip began with
the case of a British woman, and the well-known case of KM Nanavati v. State of
Maharashtra[iii] brought an end to jury trials. (Though the Nanavati case was
not the last case to end the practice of jury trials but was the most famous
case which led to the closure of the process of jury trial).
The jury trial system was divided into two halves with the expansion of the East
India Company into the Indian subcontinent. The first was inside the
presidential towns of Bombay, Calcutta, and Madras.
The prerequisites listed in Section 190 CrPC must be satisfied before the
Magistrate can begin proceedings; this statement essentially refers to the
Magistrate's authority to acquire knowledge of a case. In essence, Section 204
of the CrPC gives the Magistrate the sole authority to either take the matter
into consideration or to reject the case for a specific reason. This section
also establishes whether a matter can go to the trial stage or not.
The primary goal of the criminal trial process is to establish the truth, which
must be fair to all parties involved, including the accused, the victim, and
According to Article 21 of the Indian Constitution, the right to obtain a
reasonable preliminary is a crucial right.
The term "preliminary" basically refers to the evaluation of the facts at issue
in a case while being observed by a judge, which frequently entails both legal
and factual concerns
Trail procedure by court of session
According to sections 225 to 236 of the CrPC, the trial process in the Court of
Session must be conducted.
According to Section 225, a Public Prosecutor will oversee the arraignment in
each trial before the Court of Session. Any person chosen in accordance with
Section 24 of the Criminal Procedure Code is impliedly a Public Prosecutor, as
is any person working as a community worker.
Opening case for prosecution (section 226)
It states that the investigator will present his case by describing the charge
brought against the accused and expressing by what evidence he proposes to
demonstrate the blame of the charged when the accused appears or is brought
under the Court's scrutiny in compliance with a dedication of the case under
Here, the public investigator will provide a concise summary of the evidence and
the key details of the observers, it is not necessary for an indictment to
include comprehensive details of the evidence.
Discharge (section 227)
According to Section 227, if the judge determines that there is insufficient
evidence to continue the case against the accused and after hearing the entries
of the accused and the indictment for this purpose, releases the accused and
documents his justifications for doing so.
Here, the judge must apply his legal acumen to the current circumstances of the
case to determine whether the indictment establishes a basis for a preliminary
Framing of charges (section 228)
According to Section 228 of the law, the judge may lay out a charge against the
accused if, following the same consideration and hearing as provided in prior
cases, the judge feels that there is cause to believe that the accused committed
The accuser will read the charge and inform them of it, and the accused will be
asked about it.
Whether he admits to the alleged crime or says it was attempted.
Conviction on plea of guilty (section 229)
If the accused admits to committing the crime and agrees to the charges at this
point in the preliminary process, he may be indicted for those offences under
section 229 of the Criminal Procedure Code.
If the accused claims they are not at fault, the appointed authority will then
order that the Trial proceed, and that the accused appear in court.
The request of the guilty must be made in clear terms; otherwise, it is
impossible to see how such a request could ever be justified.
Date for prosecution evidence (section 230)
The judge will set a date for the evaluation of witnesses in the unlikely event
that the defendant declines to enter a plea, refuses to have the case tried, or
is not indicted in accordance with Section 229, and may, at the request of the
prosecution, issue any process for persuading any witness to testify or to
produce any report or other evidence.
Evidence for prosecution (section 231)
The judge will continue to accept all evidence that may be presented in support
of the indictment on the predetermined date.
According to Section 3 of the Evidence Act, evidence includes any explanations
that witnesses must give in front of the court in relation to the truth claims
Every archive, including digital records, was made for the Court's evaluation.
Witnesses will initially undergo an in-boss examination, followed by a cross
examination at the request of the opposing side, and a final examination at the
request of the group calling the witness.
Record of evidence
According to Section 276 of the Criminal Procedure Code, each witness' testimony
in all trials conducted under the supervision of a Court of Session shall be
taken down and recorded as a hard copy either by the presiding Judge himself, by
his correspondence in open Court, or under his course and supervision, by a
court official delegated by him.
Such evidence is often presented as an account, although the directing Judge
may, in his
Caution, discrediting, and evidence like a question-and-answer exchange. The
managing Judge will annotate the evidence that has been presented and include it
into the record.
Assessment of accused
Sec. 313 allows for the court's evaluation of the accused in order to give the
person being charged a time to address the allegations made against him in the
Here, the consideration of the accused must be open to any exonerating
information or conditions that are documented to provide him with a chance to
provide an explanation should he choose to do so.
Acquittal (section 232)
If the judge determines that there is no evidence that the accused committed the
crime after reviewing the prosecution's evidence, questioning the accused, and
hearing from both the prosecution and the defence on the matter, the judge must
enter an order of acquittal.
Evidence for defence (section 233)
If the accused is not found guilty under section 232, he will be required to
present his case and any extra evidence he may have to back it up. The purpose
of this required clause is to protect the accused person's rights. The accused
is required to enter into his defence and the court is obligated to name him.
Present evidence; he may also have evidence in support of it.
Argument (section 234)
The prosecutor will summarize his case when the defence's witnesses have
finished testifying, and the accused or his pleader will have the opportunity to
If the accused or his pleader raises a legal issue, the prosecution may, with
the judge's approval, present its case in relation to that legal issue.
Judgment for acquittal or conviction (section 235)
The judge will provide a ruling in the case after hearing all of the arguments
and legal arguments.
Section 235 (2) of the Criminal Procedure Code provides for a distinct and
unique stage of the trial to be conducted once the accused is found guilty and a
court order of conviction is recorded. In this case, the accused must testify
before the court on the sentencing. Pre-sentence hearings are allowed under the
The purpose of this clause Is to provide the court with social and private
information about the offender so that it can determine the proper sentence in
light of the conviction.
When discussing the nation's system for delivering justice, one concern, or
perhaps I should say a mocking, is raised regarding the lengthy and onerous
process that frequently results in unfairness to the victims. The Nirbhaya case
is the most well-known instance of delayed justice that comes to mind. The crime
occurred in 2012, and the defendants were hanged to death in 2020.
Thus, the question of what constitutes a fair trial is raised. Has it anything
to do with how long it takes for a case to be resolved or whether the accused is
given his rights while being held in custody, among other unanswered questions.
According to Article 22 of the Indian Constitution, citizens of that country
have a basic right to free legal representation. (1). It is covered in Section
304 of the CrPC in addition to the Constitution. Legal assistance to accused at
State expense in certain instances is described in Section 304.
Simply put, Section 304 offers assistance to the accused, The court must appoint
a pleader to represent the accused whenever he or she is unable to do so on
their own, and the State will pay all associated costs, according to sub-section
(1) of this section. The procedure for designating the pleader to the accused,
the method of designating, and other details is largely covered in Subsection
(2) of the Section is essentially the method of choosing the pleader to
represent the accused, the facilities, etc.
In a case that was decided, Kishore Singh Ravinder Dev v. State of Rajasthan,
it was determined that the laws and rules outlined in India's legal system had
elaborate safeguards in place to protect the rights of the accused in order to
preserve his (the accused's) dignity as a human being and give him the benefit
of a free, fair, and impartial trial.
There is always a conflict of interest between the society and the accused, but
the judge should always consider his own reasoning when deciding in such cases.
Every person has a right to a fair trial, which is a concept that is very broad
and subjective and cannot be limited to the various laws and rulings mentioned
in the legal system. The Courts have also expanded the dimensions associated
with the concept of fair trial.
So, to sum up, this essay has covered a variety of important factors relating to
the notion of "trial" that are crucial for everyone working in the legal field
to understand. The numerous offences and penalties under the Indian criminal
code have undergone a significant transformation, and as time goes on, more and
more concepts will undoubtedly be investigated and added to the code.
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