How to prepare for a criminal trial

What is a Criminal Trial?

Any act or omission of an act that is prohibited by law is a crime. The punishments for crimes committed by offenders (or whether an individual is an offender at all) are decided by following certain set procedures of the Criminal Trial. In India, criminal trials are a well-established statutory, administrative and judicial framework and are mostly governed by 3 main criminal law acts I.e. the Indian Penal Code, 1860 , T he Code of Criminal Procedure, 1973 , and the Indian Evidence Act, 1972.

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What are the Types of Criminal Trials?

There are three types of criminal trials according to the Criminal Procedure Code. These are:

1. Warrant Trial

According to Section 2(x) of the CrPC , a warrant case is one where the crimes or offenses are punishable with death, life imprisonment, or imprisonment for a term exceeding 2 years. The trial in warrant cases essentially begins with the entry of an FIR in a police station or through a complaint before a magistrate. If the magistrate is satisfied that the crime in question is punishable with imprisonment of more than 2 years, he/she sends the case to the Sessions Court for trial. The personal appearance of the accused is mandatory in warrant cases.

2. Summon Trial

According to Section 2(w) of the CrPC , a summon case is that in which the crime or offense is punishable with imprisonment is less than 2 years. A summons case does not typically require the method of preparing evidence. However, if the magistrate deems fit, a summons case can be converted to a warrant case. The personal appearance of the accused is not mandatory.

3. Summary Trial

Summons cases are those that are reserved for petty or small offenses. Offenses under these trials are those which have less than 3 months of imprisonment. These cases typically take only one or two hearings. These matters take very little time to be decided so that the burden of the courts is reduced, while also reducing the time and money.

What are the main components or Stages of Criminal Trial?

The Procedure of Criminal Trial is governed by the Criminal Procedure Code, 1973 . There are three basic stages to it:

1. Investigation: where evidence is to be collected.

2. Inquiry: A judicial proceeding where the judge ensures for himself before going on trial, that there are reasonable grounds to believe the person to be guilty.

3. Trial: The term & lsquo Trial' has not been defined in the Code but it means a judicial proceeding where the guilt of a person is adjudged leading to an acquittal or a conviction based on evidence.

What is the Procedure of a Criminal Trial in India?

The Procedure for a criminal trial is a long one and to go through it more easily, one requires the help of a lawyer. Detailed steps of a typical criminal trial have been stated below:

• FIR: An FIR puts the criminal case into motion. It is registered under Section 154 of the CrPC . It is the first information given to the police officer/station regarding the commission of the alleged offense (s)

• Investigation and framing of charge: After the FIR has been registered, the investigation is started by the Investigation officer. A conclusion is then made by the investigation officer after examining the facts, and circumstances and after collecting evidence. After taking into consideration, the police report and other documents, framing of charges take place, if a person is not discharged.

• Plea of guilt: After framing of charges, the judge proceeds to take the & lsquo plea of guilt' which is an opportunity for the accused to acknowledge that he pleads guilty and does not wish to contest the case. However, in most cases, the accused pleads & lsquo not guilty

• Prosecution Evidence: After a plea of guilt is taken, if the accused pleads & lsquo not guilty or the court does not accept his plea of guilt, the trial moves on & ndash prosecutor then explains to the court the basic outline of the case and what evidence he proposes to lead in order to prove the same. He asks the court to summon witnesses so that the court can record their evidence. As the prosecution has to start leading evidence to bring the offense to the accused & ndash it is said & lsquo The Burden of Proof lies on the prosecution. When witnesses for the prosecution are called they are first examined by the prosecutor & ndash then cross-examined by the defense advocate, and with the leave of the court prosecutor can again examine to clarify the loopholes exposes during such cross-examination.

• Statement of the accused: After the prosecution has led its evidence & ndash the court asks the accused to enter the witness box in order to explain the circumstances that appeared against him & ndash he is given an opportunity to give personal explanations. Any answer given by the accused is not to be used as evidence against him but the court may take into consideration to adjudge the overall trustworthiness of the case.

• Defense Evidence: If the court feels that the prosecution has not successfully the guilt & ndash it may acquit & ndash else if it feels that they have sufficiently discharged their burden & ndash then it asks the defense if it seeks to lead evidence, and the same cycle again.

• Final Arguments: Now after evidence from both sides is recorded. Parties then make arguments on the same, and in the end court pronounces the judgment.

• Judgment and sentence by the Court: On the basis of the final arguments, the Court pronounces its verdict/judgment. In the case of Acquittal & ndash the accused is set at liberty (if in custody). In case of conviction & ndash the Court has to fix another hearing to decide on the quantum of the sentence.

• Arguments on Sentence: Here the prosecution, as well as the defense, can lead to evidence that would have been fatal earlier, to aggravate or mitigate the punishment. Previous criminal background/ Bad Character/ Reprehensible Motive/ Cruel/ Diabolical Conduct & ndash may aggravate the sentence on the other hand & ndash First Time offender/ No premeditation/ Capable of Reform are some factors that move the court to give a lenient sentence.

• Judgment of Court passing Sentence: After the final arguments on the sentence, the court finally decides what should be the punishment for the accused.

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How to Prepare for a Criminal Trial and do you need the help of a Lawyer?

In a criminal trial, the entire matter depends upon the evidence. Only when the Court is satisfied with the conviction or acquittal, it will give its verdict. Hence, it is extremely important to collect authentic and strong evidence. To be prepared for a criminal trial, one must understand the procedure of the trial as detailed above, and most importantly, take the help of a lawyer. Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding criminal law and its vast procedure. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates, whether the issue requires going to court, and, how the court procedure works. Seeing a lawyer and getting some legal advice can enable you to comprehend your choices and can give you the legal view for you to determine your legal recourse. An experienced attorney can give you expert advice on how to handle your criminal issue owing to his/her years of experience in handling such cases. A criminal lawyer is an expert on the laws and can help you avoid significant mistakes that may cause harm to your reputation, cause you to be imprisoned for longer, or will require future legal proceedings to correct. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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