Below is a clear step-by-step explanation of the stages of a criminal case in India with an example of a Sessions Trial. This structure is useful for law students, advocates, and legal awareness posts.
Stages of Criminal Case in India (Sessions Trial) – Step by Step
Criminal cases in India follow a systematic procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Code of Criminal Procedure, 1973).
A Sessions Trial is conducted by the Court of Sessions for serious offences like murder, rape, dacoity, etc.
Example Case
Suppose A murders B.
The offence is punishable under Bharatiya Nyaya Sanhita, 2023 (earlier IPC Section 302).
Such offences are triable by Sessions Court.
Step-by-Step Stages of a Sessions Trial
1. Registration of FIR
The criminal process begins with the First Information Report (FIR).
Example
A witness informs police that A killed B, so police register an FIR.
Relevant law
BNSS Section 173 (earlier CrPC Section 154).
2. Police Investigation
Police start investigation which may include:
- visiting crime scene
- collecting evidence
- recording witness statements
- forensic examination
- arrest of accused
Relevant provision
BNSS investigation provisions.
3. Arrest of Accused
If police find sufficient suspicion, they arrest the accused.
The accused must be produced before a magistrate within 24 hours.
4. Filing of Charge Sheet
After investigation, police file a charge sheet before the magistrate.
This contains:
- evidence collected
- witness list
- expert reports
- details of offence
5. Cognizance by Magistrate
The magistrate takes cognizance of the offence.
If the offence is triable by Sessions Court, the case proceeds to the next stage.
6. Committal to Sessions Court
The magistrate commits the case to the Sessions Court.
Relevant provision
BNSS Section relating to committal of cases.
7. Opening of Prosecution Case
The Public Prosecutor opens the case in the Sessions Court.
The prosecutor explains:
- charges against accused
- evidence available
8. Framing of Charges
The Sessions Judge examines the record and frames formal charges against the accused.
Example
Charge: Murder under BNS provisions.
The accused is asked whether he pleads guilty or not guilty.
9. Prosecution Evidence
The prosecution produces evidence to prove guilt.
This includes:
- examination of witnesses
- documentary evidence
- expert reports
Witnesses are examined in three stages:
1️. Examination-in-chief
2️. Cross-examination
3️. Re-examination
10. Statement of Accused
After prosecution evidence, the court records the statement of accused.
Relevant provision
Equivalent of Section 313 CrPC.
The accused can explain circumstances appearing against him.
11. Defence Evidence
The accused may produce:
- defence witnesses
- documents
- alibi evidence
However, defence evidence is optional.
12. Final Arguments
Both sides present arguments:
Prosecution argument
- Accused committed the crime.
Defence argument
- Evidence is insufficient or false.
13. Judgment
The Sessions Court delivers the judgment.
Two possibilities:
✔ Acquittal
✔ Conviction
14. Sentence Hearing
If the accused is convicted, the court hears arguments on punishment.
Example
Punishment may include:
- life imprisonment
- death penalty
- fine
Simple Flow of Sessions Trial
1️. FIR
2️. Investigation
3️. Arrest
4️. Charge Sheet
5️. Cognizance
6️. Committal to Sessions Court
7️. Opening of Case
8️. Framing of Charge
9️. Prosecution Evidence
10. Statement of Accused
11️. Defence Evidence
12️. Final Arguments
13️. Judgment
14️. Sentencing
Important Feature of Sessions Trial
Sessions trials are used for serious offences under the Bharatiya Nyaya Sanhita, 2023, such as:
- murder
- rape
- dacoity
- kidnapping
- attempt to murder
Conclusion
A Sessions Trial follows a structured criminal procedure starting from FIR to sentencing. The objective is to ensure fair trial, due process, and justice while protecting the rights of both the accused and the victim.
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