This post has been written by Navpreet Kaur, a student of 4th Year law student of Delhi Metropolitan Education, Noida
Introduction
In a criminal preliminary trial, a jury analyzes the proof to choose whether, “beyond a reasonable doubt,” the accused carried out a crime or wrongdoing being referred to. It is the administration’s chance to contend its case, in the expectation of getting a “liable” decision and a conviction of the respondent and additionally speaks to the opportunity of defense to invalidate the administration’s proof and evidence, and to offer its own now and again. After the two sides have introduced their contentions, the jury decides the case.
Types of Criminal Trial
As indicated by and mentioned in the Code of Criminal Procedure, a Criminal Trial is of three types. Contingent on the kind of criminal preliminary trial the 3 types of a criminal preliminary are:\
Warrant Trial: The Criminal Procedure Code, 1973, which arranges warrant cases as those that include offenses culpable with capital punishment, imprisonment for life and detainment surpassing over two years. Warrant case procedures can start by documenting a FIR in the police headquarters. For this situation, the police lead an examination and forward the report to the Magistrate. The Magistrate at that point assists the procedures under the method set up by law and the guilty party is brought before the Magistrate or shows up deliberately. Or on the other hand the protest can be documented straightforwardly with the Magistrate to start the procedures against a guilty party.
Summon Trial: Those cases where an offense is culpable with a detainment of less than two years is a summon case. It doesn’t require the technique for setting up the proof. All things considered, a gather case can be changed over into a warrant case by the judge if in the wake of investigating the case he feels that the case isn’t a summon case. It can be changed over into a warrant case. The individual charged need not be available by and by. The individual denounced ought to be made aware about the charges orally. No requirement for encircling the charges recorded as a hard copy. The charged gets just a single chance to question and cross-examine the witnesses.
Summary Trial: Cases which for the most part take just a couple of hearings to choose the issue goes under this classification. These types of trials are saved for little offenses to lessen the weight on courts and to set aside time and money. Those cases wherein an offense is culpable with a detainment of not beyond what a half year can be attempted in an outlined summary way. The point significant is that, if the case is being attempted in a rundown way, an individual can’t be granted a discipline of detainment for over a quarter of a year.
Stages of Criminal Trial
Stages of Warrant Trial when the case is instituted by police report: The stages of trial in warrant cases are given from Section 238 to Section 250 of the Code of Criminal Procedure, 1973.
First Information Report (FIR): A FIR is enrolled which initiates the case. A FIR is data given by victim to the police identifying with the dedication of an offense.
Investigation: The subsequent stage after the recording of FIR is the examination by the exploring official. An end is made by the researching official by inspecting realities and conditions, gathering proof, analyzing different people and taking their announcements recorded as a hard copy and the various advances important for examination.
Charges: In the event that in the wake of considering the police report and other significant archives the blamed isn’t released then the court outlines charges under which he is to be trialed.
Prosecution Evidence: After the charges are framed, and the denounced confesses, at that point the court requires the indictment to deliver proof to demonstrate the guilt of the accused. The indictment is required to help their proof with proclamations from its witnesses.
Statement of Accused: There is a chance to the charged to be heard and clarify the realities and conditions of the case. The announcements of denounced are not recorded after swearing to tell the truth and can be utilized against.
Defense Evidence: An opportunity is given to the denounced for a situation where he isn’t being vindicated to create in order to defend his case. The defense can create both oral and narrative proof. The burden of proof is on the prosecution.
Judgement: A ultimate conclusion of the court with reasons given on the side of the vindication or conviction of the denounced is known as judgment.
Stages of Warrant Trial when Private Complaint institutes case:
On the documenting of the complaint, the court will examine the complainant and its witnesses around the same time or some other day to choose whether any offense is made against the blamed individual or not.
After examination of the complainant, the Magistrate can order an inquiry into the matter and submit a report.
After examination of the complaint and the examination report, the court may reach a definite conclusion whether the objection is authentic and veritable or whether the arraignment has adequate proof against the blamed or not.
After assessment of the complaint and the report, if the court imagines that the indictment has an authentic case and there are adequate material and proof with the arraignment to charge the blamed then the Magistrate may give a warrant or a summon.
Stages of Summon Trial: The different stages of criminal trial in a summon case are given from Section 251 to Section 259 of the Code of Criminal procedure.
Pre-trial: In the pre-preliminary stage, the procedure, for example, documenting of FIR and investigation is directed.
Charges: The accused shows up in the court or is brought under the view of the court then the Magistrate would orally express the realities of the offense he is liable.
Prosecution and Defense Evidence: The strategy followed is extremely basic and expound methodology are dispensed with. In the event that the accused doesn’t confess, at that point the procedure of trial begins. The prosecution and defense are solicited to introduce proof in help from their cases. The Magistrate is likewise enabled to take the announcement of the denounced.
Judgement: When the sentence is articulated in the case, the parties need not contend on the punishment given. The sentence is the sole caution of the appointed authority of judge.
Stages of Summary Trial: The trial procedure is provided from Section 260 to Section 265 of the Code of Criminal Procedure.
The technique followed in the summary trial is like that of summons trial.
Detainment as long as a quarter of a year can be passed.
In the judgment of trial, the appointed authority should record the substance of the proof and concise articulation of the finding of the court with reasons.
Conclusion
In the basically antagonistic arrangement of Criminal Justice System accessible in India it is a grave error that the investigator needs to demonstrate charges encircled by the court and not simply the charges liked or his customer. In this way joints in the framework are free and they must be repaired. It is reasonable to battle that the capacity of determination of charges must be left to the examiner. There can be a few reasons on the side of this proposition. In the setting of the idea of criminal law, the examiner is actually a suitable functionary to take a choice to charge completely or at a diminished level, regardless of whether single or numerous charges.