Trial Procedure

How  the Trial is conducted in the court ? 

              

                        In every cognizable case, police investigates the case and submits its final report for judicial verdict/trial in the trial court. In all the cases where proceedings are instituted on police report, Magistrate furnishes a copy of police report along with other necessary documents in the police file to the accused person, free of cost. Then trial is started in the case against the accused person. Trial in all the cases is conducted by following a few steps which can be elaborated as :

Who will conduct the prosecution and who will be the defence lawyer ?

                     First question which comes in mind when we think of trial of criminal case in the court is that who will be the lawyer in the case ? Answer to the question is that in every trial before a court, prosecution is conducted by a public prosecutor who is government employee and is a lawyer and appears before the court on behalf of the police, witnesses/complainant in the case. public prosecutor is paid for it by the government and individuals have not to pay anything for it.Whereas defence-lawyer is lawyer who practises in the court and is hired by the accused for the case and accused is supposed to pay for it from his pocket. Defence lawyer appears in the court on behalf of the accused during trial. In case, accused is unable to hire lawyer due to economic conditions or due to some other reasons, trial courts provides him legal help by providing him a lawyer free of cost.

How the accused can obtain a copy of the police report ?

                         When proceedings are instituted on police report, Magistrate furnishes police report without delay to the accused.Each copy consist :

     1)  police report

     2)  FIR recorded

     3)  Statements recorded by police

     4)  Confessions and statements, if any.

     5)  Any other document or relevant extract

How the case is opened for prosecution ?  

                        When the accused appears or is brought before the court for commitment of the case, prosecutor opens his case by describing the brought against the accused and states what evidence he proposes to prove the accused to be guilty.

Can accused be discharged before the trial ?   

                        Yes, accused can be discharged or acquitted before trial.First of all, Magistrate/judge goes through the case-file and the documents submitted and  hears the submissions  of  the accused and the prosecution.If he considers that there is not sufficient ground for trial against the accused, he discharges the accused by recording the reason for the discharge of the accused in his findings.

Can accused be convicted before a trial ?

                       Yes, accused can be convicted before a trial of the case. If accused pleads guilty before the court, magistrate records the plea and may convict the accused person. This conviction is on the discretion of the Magistrate. 

How the charges are framed ? 

                 If after the examination of the case, Magistrate is of the opinion that it can be presumed that accused has committed  the offence which he is competent to try and  accused can be punished by him. Magistrate will frame in writing charges against the accused.

How the evidence of the prosecution witnesses is conducted ?

                      In cases where accused refuses to plead guilty, or does not plead or or claims for trail of the case Magistrate fixes a date for the examination of prosecution witnesses ( Prosecution witnesses are those witnesses which appear in the court of behalf the government or on the behalf of the complainant of the case. Such witnesses are paid for their evidence in the court.) 

                      Magistrate on application of prosecution, issue a summons to any witness directing him to appear in the court or to produce any document This witness is except the list of witnesses provided in the witness list of the police file.

                      On fixed date, Magistrate proceeds to take all such evidence of the witnesses in support of the prosecution. Magistrate may permit cross-examination of the witnesses ( Cross-examination is the examination of the witnesses by the defence lawyer when he asks questions to the witnesses in support of accused). 

  

What is acquittal ? 

                          After the evidences of the witnesses, examination of the accused and hearing the prosecution and the defence on the point, Magistrate finds that there is not sufficient evidence against the accused he can acquit the accused.

Can accused provide witnesses on his behalf ?

                     If the accused is not acquitted up to steps discussed  above, accused is allowed to produce witnesses on his behalf. If accused puts any written statement,Magistrate files it in his  file. If accused applies to the court for compelling the attendance of the witnesses in his behalf ,Magistrate will issue the process, if thinks genuine.

How the arguments are conducted ?

                   After the examination of the witnesses for the defence or of the accused is complete, public-prosecutor sums up his case and accused or his lawyer is asked reply.Any point of law raised by the accused or his lawyer, the public prosecutor,with the permission of the magistrate, makes his submission with regard to that point of law.

How the judgement in the case is given ?

                   After hearing the arguments and points of law, the Magistrate gives the judgement in the case.If the accused is convicted, magistrate hears the the accused on the question of sentence and then passes sentence on him as per law.