The Process of a criminal trial in India is explained in a simple
point by point wise manner. Without multiplying details, as this may
complicate non-professionals understanding of the concept. Hope you find this
article useful.
2.COMMENCEMENT OF
INVESTIGATION and collection of evidence by investigation agency. During this
time, at any stage decided by the investigating agency, accused persons can be
arrested.
3. PRODUCTION OF ACCUSED
before Magistrate, within 24hours of arrest
4. BAIL HEARING before
appropriate court.
5. COMPLETION OF
INVESTIGATION
If the investigating agency
opines that no prima facie case is made out, a final report filed in Court.
6. HEARING REGARDING CHARGE
7. DISCHARGE, if the Court
feels the charges are groundless, will record the reason for doing so.
8. FRAMING OF CHARGE, if
the Court is of opinion that there is ground for presuming that the accused had
committed an offense.
9. CONVICTION ON PLEA OF
GUILTY, if the accused pleads guilty, the Court shall record the plea and may,
at discretion convict the accused. The accused pleads not guilty, the case is
posted for trial.
10. RECORDING OF EVIEDENCE
OF PROSECUTION
11. STATEMENT OF ACCUSED,
as provided in section 313 of the Criminal Procedure Code, to enable the
accused to personally explain any circumstances appearing in the evidence
against him.
12. DEFENCE EVIDENCE, if
the defense wants to, it examines defense witnesses, who are cross examined by
the public prosecutor, and exhibits defense evidence.
13. ARGUMENT, Public
Prosecutor and the defense counsel present their arguments.
14. JUDGEMENT and sentence
by the Court.
Conviction, in which case
Application can be filed by the
defense counsel for the suspension of sentence.
To
offer surety if the sentence is suspended.
