The trial procedure in criminal cases under the Criminal Procedure Code, 1973 (CrPC) ensures that justice is delivered in accordance with the principles of fairness, transparency, and due process of law. A criminal trial is the stage where the guilt or innocence of the accused is determined based on evidence presented before a competent court. The trial procedure varies according to the nature and gravity of the offence — whether it is summons, warrant, or sessions case.
Meaning and Objective of Trial
A trial is the judicial examination of evidence and determination of legal claims in a criminal proceeding. Its primary objective is to protect the rights of the accused while ensuring that offenders are punished as per the law. A fair trial is considered a fundamental right under Article 21 of the Constitution of India.
The trial ensures:
- The prosecution proves its case beyond reasonable doubt.
- The accused gets an opportunity to defend themselves.
- The court arrives at a just conclusion based on facts and law.
Also Read: First Information Report (FIR)
Classification of Trials under CrPC
The CrPC divides criminal trials into different categories depending on the seriousness of the offence:
- Trial before a Court of Session (Sessions Trial) – for serious offences punishable with death, life imprisonment, or imprisonment exceeding seven years.
- Trial of Warrant Cases by Magistrates – for offences punishable with imprisonment exceeding two years.
- Trial of Summons Cases by Magistrates – for offences punishable with imprisonment not exceeding two years.
- Summary Trials – for petty offences where a quick disposal is necessary.
1. Sessions Trial (Sections 225–237 CrPC)
a. Institution of Case
A Sessions Court cannot take cognizance directly; the case must be committed by a Magistrate under Section 209 CrPC after considering the police report or complaint.
b. Opening of the Prosecution Case
Under Section 226 CrPC, the Public Prosecutor opens the case by explaining the charge and the evidence proposed to be presented.
c. Discharge of the Accused
If the judge finds no sufficient ground for proceeding, the accused is discharged under Section 227 CrPC.
d. Framing of Charge
If the judge believes there is ground for presuming the commission of an offence, charges are framed under Section 228 CrPC and read to the accused.
e. Plea of Guilty or Not Guilty
The accused may plead guilty (Section 229 CrPC) or claim to be tried.
f. Prosecution Evidence
Under Section 231 CrPC, the prosecution presents witnesses and documentary evidence, followed by cross-examination by the defence.
g. Examination of the Accused
After prosecution evidence, the accused is examined under Section 313 CrPC to explain circumstances appearing in the evidence.
h. Defence Evidence
The accused may produce witnesses or documents in their defence (Section 233 CrPC).
i. Judgment
After hearing both sides, the judge pronounces judgment under Section 235 CrPC, either acquitting or convicting the accused.
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2. Warrant Case Trial by Magistrate (Sections 238–250 CrPC)
A warrant case is one relating to offences punishable with death, life imprisonment, or imprisonment for more than two years.
There are two types of warrant case trials:
a. Cases Instituted on a Police Report (Section 238–243)
- Supply of copies to the accused (Section 238).
- Discharge of accused if the charge is groundless (Section 239).
- Framing of charge if there is sufficient ground (Section 240).
- Recording of plea and prosecution evidence (Sections 241–242).
- Defence evidence and judgment (Sections 243–248).
b. Cases Instituted Otherwise than on Police Report (Sections 244–247)
- Prosecution evidence before charge.
- Framing of charge after finding prima facie case.
- Defence evidence and final judgment.
3. Summons Case Trial by Magistrate (Sections 251–259 CrPC)
A summons case involves offences punishable with imprisonment up to two years. The procedure is simpler and quicker.
- Explanation of offence to the accused (Section 251).
- Recording of plea (Section 252).
- Prosecution evidence (Section 254).
- Defence evidence (Section 254(2)).
- Judgment (Section 255).
- Withdrawal or compounding of case permitted under Sections 257–259.
4. Summary Trial (Sections 260–265 CrPC)
Summary trials are meant for minor offences to reduce judicial burden and expedite justice.
- Trial by specially empowered Magistrates.
- Offences punishable with imprisonment up to three months may be tried summarily.
- Record of proceedings is concise (Section 263).
- Sentence of imprisonment cannot exceed three months (Section 262).
Principles of Fair Trial
- Presumption of Innocence: Every accused is presumed innocent until proven guilty.
- Right to Legal Representation: Guaranteed under Article 22(1) and Section 303 CrPC.
- Open Court Proceedings: Trials must be conducted in open courts for transparency (Section 327 CrPC).
- Examination and Cross-Examination of Witnesses: Ensures both sides are heard.
- Speedy Trial: Recognized as a fundamental right under Article 21, as held in Hussainara Khatoon v. State of Bihar (1980).
Important Case Laws
- Kehar Singh v. State (Delhi Administration), AIR 1988 SC 1883: Reiterated the importance of a fair and transparent trial.
- Zahira Habibulla H. Sheikh v. State of Gujarat (2004) 4 SCC 158: Emphasized that the purpose of a trial is the discovery of truth.
- Hussainara Khatoon v. State of Bihar (1980) 1 SCC 81: Established the right to a speedy trial as part of Article 21.
- State of Punjab v. Ajaib Singh (1953 SCR 254): Clarified the stages of trial and distinction between different types of cases.
Conclusion
The trial procedure in criminal cases ensures a balance between protecting the rights of the accused and delivering justice to the victims. It embodies the constitutional principles of natural justice, due process, and fairness. Each stage—from investigation to judgment—must be conducted lawfully to preserve the integrity of the judicial process and uphold public confidence in the criminal justice system.