The trial in criminal law is the process by which a court determines the guilt or innocence of an accused person after examining evidence and hearing both sides. The Code of Criminal Procedure, 1973 (CrPC) governs the criminal trial procedure in India, ensuring fairness, justice, and compliance with constitutional rights.
Meaning of Trial in Criminal Law
- A trial is a judicial examination of facts and legal issues in a case to determine whether the accused is guilty or not.
- It begins after charges are framed and ends with an acquittal or conviction.
- The process is adversarial in nature, involving the prosecution and defense before a neutral judge or magistrate.
Legal Framework for Trials
- The procedure is governed by the CrPC, 1973, and supported by provisions in the Indian Penal Code (IPC) and the Indian Evidence Act, 1872.
- Article 21 of the Constitution of India guarantees the right to a fair trial as a fundamental right.
Types of Criminal Trials in India
1. Session Trial (Sections 225–237 CrPC)
- For serious offences like murder, rape, robbery, etc.
- Conducted by a Sessions Court.
- The trial is led by a Public Prosecutor, and charges are framed formally.
2. Warrant Trial (Sections 238–250 CrPC)
- For offences punishable with imprisonment of more than 2 years.
- Conducted in Magistrate’s Courts.
- Divided into:
- Cases instituted on police report
- Cases instituted otherwise (e.g., private complaints)
3. Summons Trial (Sections 251–259 CrPC)
- For less serious offences, punishable with imprisonment of up to 2 years.
- Simpler and quicker process.
- No need for formal charge framing.
4. Summary Trial (Sections 260–265 CrPC)
- For minor offences, where quick disposal is preferred.
- Tried by First Class Magistrates or Chief Judicial Magistrates.
- Punishment cannot exceed 3 months.
Stages of a Criminal Trial
- Filing of FIR and Investigation
- Filing of Charge Sheet
- Framing of Charges
- Examination of Witnesses and Evidence
- Statement of Accused (Section 313 CrPC)
- Final Arguments
- Judgement (Acquittal or Conviction)
- Sentencing (if convicted)
Key Provisions under CrPC Related to Trials
- Section 228: Framing of charges in Sessions Trials
- Section 239: Discharge in Warrant Trials
- Section 313: Examination of the accused
- Section 354: Contents of judgement
- Section 235: Sentencing after conviction in Sessions Trial
Important Case Laws
Zahira Habibullah Sheikh v. State of Gujarat (2004)
- Reaffirmed that fair trial is part of the right to life under Article 21.
- Emphasized the role of the judge as a truth-seeker, not just a referee.
State of Punjab v. Ajaib Singh (2005)
- Clarified the difference between inquiry and trial and emphasized the need for judicial discipline in conducting criminal trials.
Significance of a Fair Trial
- Ensures justice for the victim and protection for the accused.
- Avoids miscarriage of justice and wrongful convictions.
- Upholds constitutional rights, including the right to counsel, right to silence, and right to a public hearing.