Contents

Introduction
Classification
Description
Trial Proceeding

Introduction
The trial stage is one of the very important stages of the criminal
proceedings. This is the stage where the court hear the complaint and
the defendant and also make his judgment of acquittal or conviction.

Classification
The trial stage will be discussed in three heads

> Trial in the Magistrate Court,

> Summary Trial &
> Trial in the Sessions Court.

Trial in The Magistrate Court

The proceeding of trial exercised by the Magistrate Court is called trial in

the Magistrate Court. This proceeding is also known as Trial in General.

Summary Trial
Summary Trial mean is to do hearing any case to rapidly and shortly way. So
summary trial may be explain as the faster as well as reduced form of any
full trial. The cases of such offences which is not punishable with death,
Transportation or imprisonment of more than two years can be tried in a
summary way.
The Metropolitan Magistrates, any First class Magistrate or any bench
of Magistrate having the power of a first class Magistrate can exercise
summary trial.

Trial in The Session Court

The proceeding exercised by the Session Court during trial is called
trial in the Session Court. This is the most powerful trial amongst these three
because, by this trial any judgment stated in the Penal Code or any other act
can be given.

Trial Proceeding
The following proceedings are exercised during trial-

Pre-Trial Hearing
On the fixed day the accused must be brought before the court or
Magistrate for trial. After considering report of the case and hear both the
parties if consider the charge is groundless may discharge the accused.

Framing of Charge
This is the beginning of a trial. At this stage, if the judge or the
Magistrate considers that there is a prima facie case against the accused,
shall frame a charge under section 265D and 242. It is very important to
note that formal trial starts with the Framing of charge .If the judge or the
Magistrate considers that there is not sufficient ground for proceeding, the
judge or the Magistrate discharges the accused and records reasons for
doing so.

Plea And Conviction

After Framing of charge the accused will be asked whether he admits
his offence or not. If he admits his guilt to the charge. The judge or the
Magistrate may convict him under section 265E and 243.

Evidence

If the accused refuse to plead or does not make admission then the
judge or the Magistrate shall proceed to hear the case on basis of evidence.
The court shall fix a date for examination of witness.

The accused and all the witnesses will be examined and crossexamined according to the law of Evidence under section 265F, 265G and
244.The accused has a right to cross-examine all the witnesses presented by
the prosecution under section 309.Examination of witnesses shall be
continued day-to-day until all the witnesses in attendance have been
examined.

Examination of Accused
It is mandatory for the court to question the accused after examining
the evidence. The purpose of this examination is to give the accused a
reasonable opportunity to explain incriminating facts and circumstances in
the case.
After examining the accused and hearing the prosecution and
defense, if the judge or Magistrate considers that there is no evidence that
the accused has committed the offence; the judge or Magistrate is required
to record the order of acquittal.

Final Arguments
This is the final stage of the trial. After the defense evidence, the case
will be closed. At first the prosecution lawyer will close the case describing
the strength of the case. Then the accused lawyer will close the case
describing the strength of the accused case.

Judgment of Acquittal or Conviction

After conclusion of arguments by the prosecutor and defense, the judge
shall fixed a date for pronounces his judgment in the trial. On that day the

judge will pronounce his judgment in open court, in front of the accused. A
criminal judgment ends with acquittal or conviction.

Post-Trial Stage
A criminal case ends with either acquittal or conviction.
If a person is convicted of a crime, either by a plea bargain or by a trial,
the term "sentencing" refers to how they are punished. In some cases,
sentencing occurs right after the plea bargain or verdict. In more
complicated cases, a separate hearing is held on the issue of sentencing, and
the judge hears arguments from both sides as to what the proper
punishment should be.
For some crimes, sentencing is explicitly stated by the law, and the judge has
limited discretion. For other crimes, the judge has wide discretion in
determining the proper punishment.
Types of punishments can include fines, probation, jail time,
community service.