Types of criminal trial
- Sessions trial — for serious offences triable by a Court of Session
- Warrant trial — for offences punishable with more than two years’ imprisonment, before a Magistrate
- Summons trial — for less serious offences
- Summary trial — for specified minor offences
1. Cognizance and appearance
After the police report (chargesheet) or a complaint, the court takes cognizance and issues summons or a warrant to the accused.
2. Supply of documents
The accused is entitled to copies of the police report, FIR, statements and documents relied on by the prosecution (Section 230 BNSS).
3. Discharge or framing of charge
The court considers whether there is sufficient ground to proceed. If not, the accused is discharged. If there is, a charge is framed and read to the accused, who may plead guilty or claim trial.
4. Prosecution evidence
Prosecution witnesses are examined and cross-examined by the defence. Documents and electronic records are proved under the Bharatiya Sakshya Adhiniyam, 2023.
5. Statement of the accused
The court questions the accused personally on the incriminating circumstances in the evidence (Section 351 BNSS, formerly Section 313 CrPC). The accused is not on oath.
6. Defence evidence and arguments
The accused may lead defence evidence. Both sides then present final arguments, often with written submissions.
7. Judgment and sentence
The court delivers judgment, ordinarily within 30 days of the end of arguments, extendable to 45 days for recorded reasons. If convicted, the court hears the accused on sentence before passing it.
What helps the defence
- Attending every date — absence can lead to warrants
- Careful study of the chargesheet and witness statements
- Preparing cross-examination on contradictions and gaps
- Keeping bail conditions strictly
Frequently asked questions
How long does a criminal trial take?
It depends on the court’s workload, the number of witnesses and the cooperation of parties. The BNSS sets several timelines to reduce delay, but trials can still take time.
Can the accused be acquitted without full trial?
The accused may be discharged at the charge stage if the material does not disclose sufficient grounds, or the High Court may quash proceedings in appropriate cases.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.