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Stages Of Criminal Trail in India

STAGES OF CRIMINAL TRIAL IN INDIA

  1. After filing of the challan if accused are not present, they will be called by issuing summons to them and notices to their sureties.
  2. Prosecution will supply copies of the challan and it will be checked by accused whether copies are complete.
  3. There are certain cases where punishment is more than 3 years, the said case are to be tried by the Court of Sessions and these matters will be committed to the Sessions where trial will take place.
  4. In other cases, the trial will begin in the court of Metropolitan Magistrate itself.
  5. First of all the charge will be framed i.e. the substance of the offences alleged against the person facing the trial will be put to him and he will be asked whether he admits his guilt or not.
  6. If accused admits the guilt, he will be punished accordingly and if he does not accept his guilt, the prosecution will be given a chance to examine the witnesses to prove its case.
  7. Once the witnesses have been examined, the entire substance of the evidence will be put to the accused and his replies will be recorded in the statement of the accused.
  8. The person facing a trial also has a right to get his own witnesses examined in the Court to prove his innocence in defence evidence.
  9. After completion of the evidence, final arguments will be heard and case will be decided accordingly.
  10. In a criminal case, the trial court can either acquit a person facing trial if there is not sufficient evidence against him or he can be convicted. In case a person has been convicted, he will be heard on the quantum of sentence.
  11. All convicted below the age of 21 and other convicts where punishment is less than 7 years, are entitled to probation if they are not previous convicts.
  12. Sentence can be in the form of Rigorous Imprisonment/Simple Imprisonment and/or Fine. In a case where imprisonment is of less than 3 years, the convict is entitled to bail for the period which is required to file an appeal in the Superior Court.
  13. In Sessions triable cases, some procedure is followed after committal of the case from Metropolitan Magistrate’s Court.
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