Things You Need to Know About Stages of Criminal Trial

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1. INTRODUCTION

A jury considers the evidence in a criminal preliminary trial to decide whether the accused was guilty of the claimed crime or wrongdoing “beyond a reasonable doubt.” It is an opportunity for both the defense to refute the administration’s proof and evidence and occasionally offer its own, as well as for the administration to make its case in the hopes of securing a “responsible” decision and the respondent’s guilt. Following the presentation of evidence by both parties, the jury renders a verdict.

The “Law and Legal System” is the one positive gift from the British. The laws and the criminal justice system, specifically. A criminal case is governed by the Code of Criminal Procedure in several ways. The Criminal Procedure Code’s Trial system is one of them.

2. MEANING OF TRIAL

Although it refers to a stage of the trial that starts with the filing of the charge and concludes with a conviction or acquittal, the term “trial” is not defined in the Criminal Procedure Code.

To put it simply, a trial is an official review of the evidence conducted by a judge, typically in front of a jury, to ascertain guilt in a civil or criminal case.

3. TYPES OF CRIMINAL TRIAL

A criminal trial might be one of three sorts, under the Code of Criminal Procedure. The many phases of a criminal trial are covered here, depending on the kind of trial.

3.1. WARRANT CASES

A case about an offense that carries a sentence of death, life in prison, or at least seven years in prison is considered a warrant case under Section 2(x) of the Code of Criminal Procedure, 1973. In warrant cases, the court case begins with the filing of a police station First Information Report (FIR) or a magistrate’s complaint. The matter is then sent to the sessions court for trial if the magistrate is convinced that the offense carries a sentence longer than two years. It is referred to as “committing it to sessions court” when it is sent to that court. A warrant case should have the following crucial elements:

In a warrant case, charges must be specified.
It is required that the accused be present in person.
It is not possible to change a warrant case into a summons case.
The witnesses may be subjected to many cross-examinations by the accused.
The magistrate is responsible for making sure that Section 207’s requirements are followed
.Section 207 of the Criminal Procedure Code of 1973 stipulates that copies of any relevant document, including police reports, FIRs, recorded statements, and others, must be provided to the accused.

Two processes are primarily involved in the warrant case trial:

Case for warrant trial brought based on the police report.

(Chapters 238–243 of the 1973 CrPC)

The warrant case trial that was started without using the police report.

(Sections 244–247 of the 1973 CrPC)

“POLICE REPORT” refers to a written report that is often sent to the magistrate by the police officer in compliance with CrPC, 1973, Section 173(2).

3.1.1. TRIAL OF WARRANT CASE INSTITUTED ON POLICE REPORT

First Information Report: A First Information Report, or FIR, is registered by Section 154 of the Code of Criminal Procedure. The case is initiated by the FIR. A police file is a report (FIR) that an aggrieved party files with the authorities about an offense.
Investigation: The investigating officer’s investigation takes place following the filing of a formal complaint. After conducting a thorough analysis of the facts and circumstances, gathering evidence, questioning witnesses, recording their statements, and carrying out all other necessary procedures to conclude the investigation, the investigating officer comes to a conclusion, which is then submitted as a police report to the magistrate.
Charges: The accused will be put on trial under the charges set forth by the court if, upon review of the police report and other pertinent documents, the accused is not found guilty. It is necessary to formulate written charges in a warrant action.
Plea of guilty: The Code of Criminal Procedure, 1973, Section 241, addresses the plea of guilty. The accused is given the chance to enter a guilty plea following the presentation of the accusations, and the judge must ascertain if the plea was entered willingly. Depending on its judgment, the court may find the accused guilty.
Evidence from the prosecution: The prosecution is required by the court to provide evidence to support the accused’s guilt once the charges have been brought and the accused has entered a guilty plea. The prosecution must provide witness testimonies to bolster their evidence. “Examination in chief” is the term for this procedure. Anybody can be summoned as a witness or ordered to produce any document by the magistrate.
Accused’s Statement: Under Section 313 of the Criminal Procedure Code, the accused has the right to a hearing during which they may present their case’s facts and circumstances. The accused’s words are not recorded while he is under oath, and they may be used against him in court.
Defense evidence: If the accused is not found guilty, he is given the chance to present evidence to support his position. Oral and written evidence is both within the purview of the defense. In India, the prosecution bears the burden of proof, hence the defense is often exempt from providing any defense evidence.
Judgment: The ultimate ruling of the court that includes the justifications for the accused’s conviction or acquittal is referred to as a judgment. The prosecution has a window of time to file an appeal against the court’s ruling if the accused is found not guilty. Each party is allowed to present reasons regarding the appropriate sentence when the defendant is found guilty. This often occurs when a person is found guilty of a crime for which the maximum penalty is death or life in jail.

3.1.1.1. DECISION AS TO QUANTUM OF PUNISHMENT

If the accused is found guilty, all sides will present their cases to debate the appropriate sentence that should be given to the accused. This possibility is only accessible in situations when the maximum penalty for the offense is either capital or life imprisonment.

The accused will get a certain sentence, which is decided by the court after hearing from both parties. Age, criminal history, gender, religion, and other variables are among the aggravating and mitigating elements that the court will take into account while making this decision. Based on these considerations, the court will choose the following form of punishment:

Punishment that is restorative, deterrent, or transformative
Recuperation, incapacitation, and so forth.

In the case of EDIGA ANAMMA V. STATE OF ANDHRA PRADESH, the Supreme Court ruled that it is crucial to consider societal and personal aspects while condemning someone to preserve a balance between the deterrent effect of punishment and rehabilitation.

Additionally, the Supreme Court ruled in the related case that life imprisonment is a more humane punishment than the death penalty. Furthermore, the Supreme Court urged the following mitigating factors to be taken into account before imposing any sentence:

The perpetrator’s age.
Under socioeconomic and psychological pressures that do not qualify for a legal exemption or that reduce the seriousness of the offense, the accused worked.
Any widespread societal pressure that results in a lesser penalty.
Whether the sentence of the co-accused was lessened.
Whether provocation or instigation are present.

3.1.2. TRIAL OF WARRANT CASE INSTITUTED ON PRIVATE REPORT

Upon submitting the complaint, the accused individual will be examined by the court on the same day or on a different day to determine whether or not an offense has been committed against them.
Following the complainant’s examination, the magistrate has the authority to request an investigation and provide a report on the subject.
The complaint’s authenticity and the prosecution’s ability to provide enough evidence against the accused are two things that the court may decide upon after reviewing the complaint and the investigation report. The court shall dismiss the complaint and note its cause for dismissal if it finds insufficient evidence to convict the accused.
The magistrate may issue a warrant or a summons, depending on the specifics of the case, if the court determines after reviewing the complaint and the inquiry report that the prosecution has a solid case and has enough material and evidence to charge the accused.

3.2. SUMMONS CASE

A summons case is one in which the offense carries a sentence of less than two years in jail, as defined by Section 2(w) of the Code of Criminal Procedure, 1973. It is not necessary to prepare the evidence in a summons case. However, the magistrate has the authority to change a summons case into a warrant case if, with further investigation, he determines that the case is not one of that type.

It is possible to transform a summons case into a warrant case.
The accused don’t need to be physically present.
The allegations should be verbally communicated to the accused. It is not necessary to put the accusations in writing.
There is just one chance for the accused to cross-examine the witnesses.
The Code of Criminal Procedure lists the various phases of a criminal trial in a summons case from Section 251 to Section 259.

3.2.1. TRIAL OF SUMMONS CASE

Pretrial: Procedures like filing an FIR and conducting an investigation are carried out during the pre-trial phase.
Charges: No written charges are made in summons trials. When the accused shows up in court or is taken before it, the magistrate will tell the accused the specifics of the offense for which he is responsible verbally.
Plea of guilty: The accused is asked by the magistrate if he enters a guilty plea or if he has any defenses to back up his charges after the magistrate has read the charges. If the accused enters a guilty plea, the magistrate, using his best judgment, records the statement in the accused’s own words and may convict him.
Plea of guilty and absence of the accused: The accused is required to submit to the magistrate Rs. 1000/-by mail or by a messenger (a lawyer) if they wish to enter a guilty plea without showing up in court. Along with the amount of the fee specified in the summons, the absentee must also provide a letter acknowledging their guilt. The Magistrate may, in his discretion, find the accused guilty.
Evidence from the prosecution and defense: A summons case follows a fairly straightforward process that does away with complex steps. The trial procedure begins if the accused does not enter a guilty plea. Both the defense and the prosecution are urged to provide evidence to bolster their positions. The Magistrate has the authority to get the accused’s statement.
Judgment: The parties do not have to dispute the severity of the punishment when it is handed down in a summons case. The judge alone has the last say on the sentencing. The prosecution may file an appeal if the accused is found not guilty. The accused is also granted the chance to appeal.

3.3. SUMMARY TRIAL

This category includes cases that can be resolved in one or two sessions on average. For minor infractions, summary trials are limited to lighten the load on the legal system and conserve resources. A summary trial is an option in circumstances when the maximum sentence for the offense is six months in jail. It is important to remember that a person cannot be sentenced to more than three months in jail if the case is being handled in summary fashion. The following cannot be the penalty for the offense committed:

Death.
Life in prison with a maximum sentence of two years in jail.
The total value of the stolen goods and the theft must not exceed two thousand rupees.
Obtaining and keeping stolen items, with a maximum value of 2000 Rupees.
Property that has been stolen may be hidden or disposed of, but its total worth cannot exceed 2000 Rupees.
Crimes covered by IPC, 1860 Sections 454 and 456.
Insulting someone under Section 506 of the Indian Penal Code, 1860 to provoke them and upset the peace.
Aided and abetted offense.
Attempting to conduct one of the previously listed crimes (this kind of effort is a crime in and of itself).
Complaint by the Cattle Trespass Act of 1871, Section 20.

3.3.1. TRIAL OF SUMMARY TRIAL

The summary trial process is conducted similarly to a summons case.
One may serve a maximum of three months in jail.
The judge in a short trial should document the main points of the evidence as well as a succinct description of the court’s conclusions together with its reasoning.

3.3.2. SUMMARY TRIAL BY MAGISTRATE OF 2ND CLASS

In the course of its authority, the High Court may grant the Magistrate of the Second Class the authority to try the matter summarily.

However, the following are the only punishments that can be meted out for an offense:

A fine; or up to six months in jail (with or without a fine); or assistance in the commission of a crime.
The magistrate of the second class is authorized to try the matter summarily only in the conditions listed above.

The maximum sentence in such a case, if the accused is found guilty in a summary trial, is three months.

The magistrate will impose the proper penalty if the offender enters a guilty plea.

The magistrate will document the main points of evidence and a brief explanation of the conclusions along with a rationale if the case is being handled summarily and the accused declines to enter a guilty plea. Additionally, the court’s terminology will be used for all of these documents and the rendered judgment.

4. PROCEDURE FOR COURT OF SESSION

Trials before a Court of Session are governed by the rules of Chapter XVIII of the Cr.P.C., which starts with Section 225 and ends with Section 237.

There are three trial stages that the Sessions Court needs to go through.

FIRST STAGE: Every trial in the Court of Session must be presided over by a Public Prosecutor (Section 225). In addition to having the jurisdiction to consider cases involving serious felonies, the Court of Session is also in charge of considering cases involving Section 199 violations. To put it more concisely, the court of session is a district court that only takes on the most significant and hazardous issues. The purpose of the accused’s appearance in court is to prove his guilt. The primary responsibility of the prosecution is to prove the accused’s guilt in court by presenting evidence (Section 226)

The Supreme Court, in the case of Banwari v. State of Uttar Pradesh (refer to page 1201), made it clear that the Sessions Court is not empowered under Section 239 of the Code of Criminal Procedure to drop any charges for which the accused has been brought to trial. When someone is charged under Section 226 of the Code of Criminal Procedure, either with no charge at all or with a false or inaccurate charge, they can utilize this ability to create a new charge, add to an existing one, or change it in any way they see proper.

Once the judge has reviewed the facts and the accused’s statement, he must release the accused and explain if he finds insufficient evidence to continue against them (Section 227).

The accused will be charged in writing by the court if it has good reason to believe that the offense can be tried in court. If the offense cannot be tried only in a court of session, the case will be sent to the Chief Judicial Magistrate or any other Judicial Magistrate following the filing of the charge.

According to Section 228 of the law, the accused must first have the formulated accusations read out to him in plain English, followed by a question about whether or not to enter a guilty plea.

SECOND STAGE OF TRIAL: The accused must be fully aware of the false charges and enter a guilty plea; otherwise, the judge has the authority to record his plea and sentence him. Although it is preferable that the accused not be found guilty straight immediately, the judge may choose to condemn the accused under Section 229. The proper course of action would be to insist that the prosecution utilize evidence to support its claims.

The judge will set a date for the prosecution to interview witnesses, produce documents, and other things if the defendant declines to make a plea under section 229 (Section 230).

On the appointed day, the Judge will examine the witnesses, and prosecution-related evidence may be produced.

THIRD STAGE OF TRIAL: If the judge determines that there is insufficient evidence to prove the accused committed the crime, she will exonerate the accused after carefully examining both the accused and the Prosecution’s case (Section 232).

If the prosecution’s evidence convincingly supports the court’s structuring of the accusations and rejection of the accused’s acquittal, the defense attorney is required to present evidence on behalf of his client. To obtain the presence of a witness or the production of a document or item, even the accused may request that a process be issued; nevertheless, this request cannot give the impression to the court that it is acting against the interests of justice (Section 233).

Section 314 of the Act applies when the issue of supplying a closing statement emerges following the hearing of both parties; the prosecution is required to submit a closing statement under Section 235 and the defense is required to offer one under Section 234.

After weighing all the available information, the judge should conclude.

5. CONCLUSION

In India’s essentially adversarial criminal justice system, it is a grave mistake for the investigator to just submit accusations that are supported by his client and not the charges that are surrounded by the court. The framework’s joints need to be repaired because they are now free. One may legitimately argue that the examiner ought to be the one to decide what accusations to press. On both sides of this dispute, there could be a few arguments. The examiner is a suitable official in the criminal law setting who decides whether to prosecute someone for a single or several violations, either entirely or partial

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