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Published : March 31, 2013 | Author : akanksha
Category : Criminal law | Total Views : 5005 | Rating :

akanksha sharma,M.sc IT,LLB second year student of MDSU

 law can be divided into two different heads ,first is substantive law and another is procedural law.

Substantive law tells about the rights and liabilities of a particular person ,while procedural law tells about the mechanism by which we can implement the substantive law. In the case of criminal law IPC is substantive law and crpc is a procedural law which implement the provisions of IPC .

Now we come to the our main topic of today ie criminal trial In a very simple terms we can say than trial is a procedure by which evidences are allowed to be proved or disproved and guilt of a person is adjudged leading to an acquittal or a conviction of an accused. trial processes can be of summon trial or of warrant trail. it is based on the fact there are two types of offences warrant cases and summons cases..summon cases are of petty offences and warrant cases are those offences of which punishment is more than 2 years.

More of cases are warrant cases. so here I am mainly discussing the trial procedure of warrant cases...firstly charges are framed by the court. by framing of the charge based on the charge sheet provided by investigating officer under section 173 of crpc and statements given by witnesses and accused during examination. by framing charges court provides information of offences to the accused so that accused can do something for his defence...we can say that forming of charges is same as framing of issues under civil law. after the framing of charges judge proceeds for take plea of guilty from the accused. in this plea accused acknowledged guilty and he admits charges which are framed by court.

During this process judge should be very careful about that charge because he should be confirm that accused did not plead guilty under fear and other factors ..after this if judge is satisfied than he can give his judgement about conviction...it this is not happen than procedure of trial will proceed..as the basis principle of criminal law based on natural justice is accused is presumed to be innocent till he proved guilty..so in the criminal law burden of proof always lies on prosecution ..prosecution have to prove all charges beyond reasonable doubts. because it is a question of liberty and life of an person which is a fundamental right and can't be retrenched Accept procedure established by law. so first of prosecution explains the case to the court and present witnesses on his behalf and examines them ,this process is known as examination in chief ..and it is crossed examined by defence lawyer ..there can be reexamination of the witness by prosecution again if judge think so. after hearing the witnesses on behalf of prosecution court permit to accused to come in the witness box and allows him to any anything in his defence..it's very interesting that statements given by accused person does not count as evidences but it taken into consideration for knowing the truthfulness of the case. after that witnesses on behalf of defence are examined as the same procedure laid down previous. after hearing all the process judge come any conclusion and gives his judgement on behalf prosecution and defence

Judgement can be of acquittal or of conviction ..if judge think that there is no sufficient ground for the the conviction he can set free the accused but if he gives the judgement of conviction than a final hearing will be held ..in this final hearing prosecution and defence can present new witnesses which strengthen their sides..in this final hearing judge give his decision about the sentence ..sentence is also decided on the nature of offender. his economical n social condition. so this is the whole process of the trial which results into finality of the case.

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Article Comments

Posted by dialus on May 24, 2014
It is great post.Thank you.

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