Process Of Criminal Trials

Criminal Trial Process in Sessions Court and Magistrates’ Courts

Criminal trials in India are now governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS). Based on the gravity of the offense, cases are categorized as summons or warrant cases. Serious offenses are tried in Sessions Courts, while less severe cases are handled by Magistrates.

Types of Criminal Trials

• Trial Before Sessions Court: For offenses punishable with imprisonment exceeding seven years, life imprisonment, or the death penalty. The Magistrate forwards cases to the Sessions Court after taking cognizance.
• Trial of Warrant Cases by Magistrates: For offenses punishable with imprisonment exceeding two years. Begins with an FIR or a private complaint.
• Trial of Summons Cases by Magistrates: For offenses punishable with imprisonment of fewer than two years.
• Summary Trials: For petty offenses, ensuring speedy disposal through a simplified process.

Process of Trial in Sessions Court (Sections 250–262 BNSS)

• Prosecution Opening: The Public Prosecutor explains charges and evidence.
• Discharge: The judge discharges the accused if no sufficient grounds exist.
• Framing Charges: Charges are framed if sufficient grounds exist, and the case proceeds.
• Plea of Guilty: The accused pleads guilty or not guilty.
• Prosecution Evidence: Evidence is presented in the presence of the accused or their pleader.
• Witness Examination: Witnesses are examined and cross-examined.
• Judgment: Based on evidence and statements, the accused is convicted or acquitted.

Trial of Warrant Cases by Magistrates (Sections 263–275 BNSS)

• Pre-Trial Compliance: Copies of the police report are provided to the accused.
• Discharge: If insufficient grounds exist, the accused is discharged.
• Framing Charges: Charges are framed if sufficient grounds exist.
• Private Complaint: Prosecution presents evidence, and summonses are issued to witnesses.
• Judgment: The accused is convicted or discharged based on evidence.

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