Stages of Criminal Cases in Trial Court in India

A-378, Defence Colony,New Delhi - 110024, India

Mobile :+91-9811645002, Phone : +91-11-40513913

Email : lawofficevksingh@gmail.com

Web : www.vksnco.com

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Follow the Chart:

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Written Complaint by Victim or Person aggrieved to The Concern Police Station.

(If Police official found the cognizable offence, can registered the FIR ( u/s 154 of Cr,P.c.)

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After registration of FIR, Police official shall investigate the Matter as par Procedure and rules.

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If the offence is Non Bailable, Accused can approached to the Sessions Court for Anticipatory Bail u/s 438 of Cr.P.C.

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Police officials Arrest the Accused If no bail obtained by the accused from the Court.

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If arrested , Accused will be produced by the Investigative Officer in Concern Magistrate Court.

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The IO of the case, shall file the chargesheet in Magistrate Court within 60 days or 90 days depends upon Criminal offences.

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(If chagesheet will not be filed in magistrate Court with in Prescribed Limitation and if Accused is in Judicial Custody/ Jail can be released on bail on technical ground.)

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If Chargesheet filed u/s 173 Cr. P.c. then If offences are session Trial then it will be Commit to Session means Chargesheet will sent or Trasfer to Session Court for further Proceeding in the case, If offences are trial by Magistrate then Trial Court will take the cognizance and proceed further.

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If there is no evidence against the Accused then Accused can move an application for discharge from the case, If Magistrate or session Court found that there is no substantial evidence against accused can Discharge the accused or will frame the Charge against the Accused.

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After Framing the Charge against the accused, Court will give the option that whether Accused wants to plead guilty or wants to face trial or contest, if Accused not Plead guilty and wants to contest the case, the concern court will post the matter for PE ( Prosecution Evidence ).

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The Prosecution will produced the witnesses as par the list mention in Chargesheet.

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Defense Counsel will cross Examined .

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After completing the Prosecution Evidence, Court will record the statement of accused u/s 313 of Cr.p.c and after recording the same, The court will asked the accused that whether he or she wants to produce any defense witness ? If yes the defense witness will appear before the Court and examined , If not then the matter will post for final arguments.

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Both the Ld, Counsel will argue ( on behalf of state by ld, PP and on behalf of Accused,)

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After arguments, If The Ld. Court think that there is sufficient materials against the accused to Punish him then court will informed to the accused for argument on Punishment and after arguments on punishment, The Ld. Court will Punish the Accused as par the sections and offences.

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If Court does not found the sufficient material or evidences against the accused, The Ld. Court can Acquitted the Accused and may be on the grounds of Benefit of doubt.

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After Acquittal or Punishment thare are several Procedure for Appeal under the Cr.P.C.

By Adv. V.K.Singh

A-378,Defence Colony,New Delhi-110024

Tel: +91-40513913,9999318690