The document outlines the key stages of a criminal trial in India. It discusses the differences between a summons case and a warrant case, and covers the trial procedures for warrant cases before a Sessions Court and Magistrate. The trial procedures covered include framing of charges, examining witnesses and evidence, defenses, submissions, and judgment. It also discusses some common provisions like acquittal or conviction, absence of complainant, and compensation for false accusations. Overall, the document provides a comprehensive overview of the different stages and processes involved in criminal trials under Indian law.

1. Stages of Criminal Trial

2. What is trial?
• A trial is coming together of parties to dispute.
• A trail is a formal examination of evidence by a judge, typically
before a jury, in order to decide guilt in a case of criminal or civil
proceedings
• As per Black Law Dictionary:
The examination before a competent tribunal, according to the law
of the land, of the facts or law put in issue in a cause, for the
purpose of determining such issue. A trial is the judicial
examination of the Issues between the parties, whether they be
issues of law or of fact.

3. Trial
Summons
Trial
Summary
trial
Warrant
Trial

4. Difference between Summons &
Warrant
Summons Case
• In a warrant case CrPC prescribes
two different procedures to be
followed by the magistrate,
depending on whether the case is
instituted on a police report or if it
is instituted on other than a police
report.
• A charge needs to be framed against
the accused in a warrant case.
• As per S. 241, After the charge is
framed, the accused may plead guilty
and the magistrate may convict him
on his discretion.
• The trial of a warrant case as a
summons case is a serious
irregularity which would vitiate the
trial if the accused has been
prejudiced.
• A warrant case cannot be converted
into a summons case
Warrant Case
• there is only one procedure
prescribed by the CrPC for the trial
of a summons case.
• There is no such requirement in a
summons case, and only conveying the
particulars of an offence to the
accused shall suffice.
• As per S. 252, if the accused pleads
guilty, the magistrate must record
the plea of the accused and may, in
his discretion, convict him on such
plea.
• But the trial of a summons case as a
warrant-case is only an irregularity
which is curable under Section 465
of the Code.
• The Magistrate is empowered to
convert a summons case into a
warrant case under Chapter XX of
the Code

5. Warrant cases
As per the definition given u/s 2 (x) of CrPC
that ―"Warrant-case" means a case
relating to an offence punishable with:
• death,
• imprisonment for life or
• imprisonment for a term exceeding two
years .

6. Pre- Trial Stages
• FIR: An FIR or First information report is lodged under Section
154 of the Code of Criminal Procedure. This section provides
the manner in which it is to be recorded. The main aim of an
FIR is to set the criminal case in motion. An FIR is basically the
information given by whomsoever to the police relating to the
commission of a cognizable offence.
• Investigation: The next step after filing of FIR is investigation
by the investigating officer. An investigating officer makes an
effort to reach to the conclusion by ascertaining facts and
circumstances, collecting evidence, examining various persons
and taking their statements in writing and all the other steps
necessary for completing the investigation and reaching the
conclusion. The end result of an investigation is filing of a police
report to the magistrate. The investigating officer either files a
chargesheet or a closure report.

7. Trial of warrant cases
Trial of warrant cases
by Sessions Court
Sec 227-237
Trial of warrant cases
before Magistrates
Sec 238-250

8. Trial before Sessions Court
Sec 225-237
• Offences triable by SessionsCourt or by Magistrateis mentioned undercolumn 6 of
the First Schedule.
• But sessions court cannot takecognnizance of any offence eventhoughit is triable
onlyby the Sessions court.
• Exceptionis defamation cases of highdignitaries and public servant under certain
circumstances.
• UnderSec 26 HighCourt has the power to try any offence.
• But the offences are not mentionedin First Schedule.
• HighCourt can takethe matter at the instance of government or suo-moto.
• The procedure for highcourt is same as by sessions court.
• Every trial prosecution shallbe conducted by a public prosecutor – Sec 225
• Every accusedperson hasright to be defendedby the counselof hisown choice.

9. Trial Stages before sessions court
• In case of insufficiency of the accused person in counsel appointment, the
state shall make sure a counsel is to be appointed for his defense on the
expense of state .
• As per sec 207 & 208 , the copies of necessary documents like police
report, FIR, statements recorded by police shall be supplied to accused
person.
• The prosecutor shall open the case by describing accusation against
accused and briefly stating the evidences to prove the guilt of accused.-
Sec 226
• After considering record of case and hearing the submissions of the
parties , if court considers no sufficient grounds for proceedings against
accused, it shall discharge the accused and record its reasons for doing so.
– Sec 227
• After considering record of case and hearing the submissions of the
parties , if court considers sufficient grounds for proceedings against
accused, then the Sessions Court may charge frame the charges- Sec 228
(1)

10. • The charges shall be explained to the accused and then be asked
whether he pleads guilty of the offences or claims to be tried –Sec 228
(2)
• If accused pleads guilty, the court shall record the plea and convict him
thereon- Sec 229
• If accused does not plead guilty then the court shall fix a date for
prosecution evidence i.e. examination of witnesses or issuing of process
or any other document- Sec 230
• On the fixed date the examination of witnesses and cross-examination
shall be done- sec 231 (1), (2) and recorded – Sec 276 (1), (2) and shall be
recorded in the language of court – Sec 277
• Arguments on behalf of the prosecution shall be recorded and the
examination of the accused shall be done.
• After hearing of parties if court thinks that there is no sufficient evidence
for proving of the offence, the accused shall be discharged.

11. • If accused is not acquitted by the court he shall be call
upon to enter upon his defense and adduce any
evidence in support for his defense or they may
request the issue process for attendance of witness –
Sec 233 (1)
• The written statement may be given by accused and
the evidences & statements must be recorded in the
proper manner- Sec 233 (2)
• Submissions in regard to law point shall be recorded-
Sec 234
• After hearing the both of the parties the Court shall
give judgment in the case- Sec 235 (1)

12. TRIAL Procedure in Warrant Cases by Magistrates
Section 238-250
Trail
Procedure
Upon Police
Report
Sec 238-243
Applicable to
both cases
Sec 248-250
Other than on
police report
Sec 244-247

13. Trial of warrant cases by Magistrates
On Police
report
•Sec
238-243
Other than
police
report
•Sec
244-247
Commonly
applicable
to both type
of cases
•Sec 248-
250

14. Cases
instituted
on a
Police Report

15. Supply of copies of FIR,
Police report, statements
recorded by police during
investigations, etc. to the
accused
• Sec 238
Magistrate shall follow 3 steps:
• Consideration of police report and
document referred in sec 173
• Examination of accused, if he thinks it
necessary
• Giving both parties the opportunity of
being heard.
After considering the evidences
the Magistrate may discharge the
accused on the base of
groundless accusations against
him and shall give the reasons for
doing so
• Sec 239
If magistrate opines that there
is ground for the accusation of
the accused , he shall frame a
charge in writing against the
accused.
• Sec 240 (1)

16. The charge shall be read and
explained to the accused and
he shall be asked to whether
he pleads guilty of the offence
or claims to be tried.
• Sec 240 (2)
If accused pleads guilty,
the Magistrate shall
record the plea and may
convict him thereon
• Sec 241
If the accused pleads not to be
guilty of the offence or claims to
be tried , then the Magistrate
shall fix a date for the
examination of witnesses
• Sec 242 (2)
The magistrate may on the
application of prosecution issue
summons to any of its
witnesses directing him to
attend or to produce any
document or thing.
• Sec 242 (2)

17. On the date fixed,
there shall be
examination of
witnesses and
evidences produced
by the prosecution
Magistrate may
permit the cross-
examination of
witness or recall of
any witness for cross-
examination
Sec 242(3)
There shall be
recording of
evidences u/s 275,
278, 280
The evidences shall
be recorded in the
language of the
court.- Sec 277 and
the interpretation
shall be done to the
accused or his
pleader- Sec 279

18. Oral arguments
and submission of
memorandum of
arguments on
behalf of the
prosecution- Sec
314
Examination of accused
u/s 313 (1) (b)
The accused shall
then be called upon
to enter his defence
and produce his
evidence
Sec 243(1)
Then the magistrate can
issue process, if so
desired by the accused,
for compelling the
attendence of any
witness for the purpose
of cross-examination or
production of any other
document- Sec 243 (2)
The magistrate
shall record the
written statement
given by the
accused.
Sec 243(1)
The evidences
shall be recorded
in the same
manner as before
sessions court.

19. The written
statement may be
given by accused
and the evidences
& statements must
be recorded in the
proper manner-
Submissions in
regard to law point
shall be recorded-
After hearing the
both of the parties
the Court shall
give judgment in
the case
Sec 248

20. Cases instituted
otherwise than on
a
Police Report

22. If magistrate considers that there is ground for
presuming that the accused has committed an
offence which he is competent to try and punish
the accused, he shall frame the charges in writing.
Sec- 246 (1)
The charge shall be read and explained to the
accused and he shall be asked to whether he
pleads guilty of the offence or claims to be tried.
Sec 246 (2)
If accused pleads guilty, the Magistrate shall record
the plea and may convict him thereon
Sec 246 (3)

23. If the accused pleads not to be guilty of the offence or
claims to be tried , then the Magistrate shall fix a next date
for the examination of witnesses or to cross-examine the
prosecution witnesses.- Sec 246 (4) and for the cross-
examine the witnesses named by him shall be recalled. –
Sec 246 (5)
There shall be recording of evidences and then the
evidences of remaining witnesses for the prosecution shall
be taken- Sec 246 (6)
The evidences shall be recorded in the language of the
court.- Sec 277 and the interpretation shall be done to the
accused or his pleader- Sec 279
The accused shall be called upon to enter upon his defense
and to produce his evidence. – Sec 247
The arguments shall be recorded according to the manner.

24. The written
statement may be
given by accused
and the evidences
& statements must
be recorded in the
proper manner
Submissions in
regard to law point
shall be recorded
After hearing the
both of the parties
the Court shall
give judgment in
the case
Sec 248

25. Provisions
commonly
applicable in Both
type of cases

26. If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he
shall record an order of acquittal.
1) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in
accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the
question of sentence, pass sentence upon him according to law.
2) Where, in any case under this Chapter, a previous conviction is charged under the provisions of subsection (7)
of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge,
the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous
conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate no shall the accused be asked to plead
thereto no shall the previous conviction be referred to by the prosecution or in any evidence adduced by it,
unless and until the accused has been convicted under subsection (2).
Acquittal or conviction

27. Absence of complainant Sec-
249
When the proceedings have been instituted upon complaint,
and on any day fixed for the hearing of the case, the
complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate
may, in his discretion, notwithstanding anything
hereinbefore contained, at any time before the charge has
been framed, discharge the accused.

28. Compensation for accusation without reasonable
cause- Sec 250
1) If, in any case instituted upon complaint or
upon information given to a police officer or
to a Magistrate, one or more persons is or
are accused before a Magistrate of any
offence triable by a Magistrate, and the
Magistrate by whom the case is heard
discharges or acquits all or any of the
accused, and is of opinion that there was no
reasonable ground for making the accusation
against them or any of them, the
Magistrate may, by his order of discharge
or acquittal, if the person upon whose
complaint or information the accusation was
made is present, call upon him forthwith to
show cause why he should not pay
compensation to such accused or to each or

29. (2) The Magistrate shall record and consider any cause
which such complainant or informant may show, and if
he is satisfied that there was no reasonable ground for
making the accusation, may, for reasons to be recorded
make an order that compensation to such amount, not
exceeding the amount of fine he is empowered to
impose, as he may determine, be paid by such
complainant or informant to the accused or to each or
any of them.
(3) The Magistrate may, by the order directing payment
of the compensation under sub-section (2), further
order that, in default of payment, the person ordered
to pay such compensation shall undergo simple
imprisonment for a period not exceeding thirty days.
(4) When any person is imprisoned under sub-section (3),
the provisions of sections 68 and 69 of the Indian
Penal Code (45 of 1860) shall, so far as may be, apply.

30. (5) No person who has been directed to pay compensation under this
section shall, by reason of such order, be exempted from any civil
or criminal liability in respect of the complaint made or information
given by him:
Provided that any amount paid to an accused person under this
section shall be taken into account in awarding compensation to such
person in any subsequent civil suit relating to the same matter.
(6) A complainant or informant who has been ordered under sub-
section (2) by a Magistrate of the second class to pay compensation
exceeding one hundred rupees, may appeal from the order, as if
such complainant or informant had been convicted on a trial held by
such Magistrate.
(7) When an order for payment of compensation to an accused person
is made in a case which is subject to appeal under sub-section (6),
the compensation shall not be paid to him before the period allowed
for the presentation of the appeal has elapsed, or, if an appeal is
presented, before the appeal has been decided; and where such
order is made in a case which is not so subject to appeal the
compensation shall not be paid before the expiration of one month
from the date of the order.
(8) The provisions of this section apply to summons-cases as well as
to warrant-cases.

31. ANAMIKA SHARMA