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Stages of a Criminal Sessions Trial

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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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Website: www.ushavatsassociates.in

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If Cyber Cell Freeze Bank Account

If Cyber Cell Freezes Your Bank Account

by with No Comment Legal

If the Cyber Cell or Police freezes your bank account in India, it is usually done during an investigation into cyber fraud, money laundering, or other cybercrimes. However, you have legal remedies available

Why Was Your Account Frozen?

  1. Under Section 91 CrPC, police can request bank records or freeze accounts.
    1. Under Section 102 CrPC, police can seize property (including bank accounts) suspected to be involved in an offence.
    1. Often used in cyber fraud or UPI/online scam cases.

Step-by-Step Remedies

         1. File a Representation to Investigating Officer / Cyber Cell

  • Submit a written application requesting the reason for freezing.
  • Attach:
    • Account holder’s ID proof
    • Bank statement
    • Any proof of legitimate transactions
  • Mention that you are not involved in the alleged offence (if applicable).

2. File an Application under Section 451 or 457 CrPC before Magistrate

  • If police don’t respond, file an application before the Jurisdictional Magistrate:
    • Section 451 CrPC – for custody of property during trial.
    • Section 457 CrPC – for release of property seized by police.
  • Court can order unfreezing if satisfied that the account was wrongly frozen.

 Format:

I can provide a sample petition format under Section 457 CrPC for unfreezing a bank account. Let me know if you need one.

3. File a Writ Petition in High Court (Article 226)

  • If no relief is given by the magistrate or police:
    • You can approach the High Court under Article 226 of the Constitution.
    • File a Writ of Mandamus to direct the police/bank to unfreeze your account.
  • Ground: Violation of Fundamental Rights (Article 19 & 21) without due process.

Court Observations:

  • Courts have said freezing must be justified, and prolonged freezing affects right to livelihood.
  • Police cannot freeze indefinitely without FIR or evidence.

Key Case Law:

  • Gurcharan Singh v. State of Punjab – Freezing must be temporary and legally backed.
  • Nivedita Sharma v. Cellular Operators Association of India (SC) – Due process is essential in such cases.

4. Contact Your Bank

  • Request a copy of the freeze order.
  • Banks usually freeze accounts only on official police communication.

Documents You May Need:

  • Identity proof
  • Bank passbook / statement
  • FIR details (if applicable)
  • Application copy sent to cyber cell
  • Proof of legal source of funds

 

Summary Table

ActionDescription
File to PoliceRepresentation to Cyber Cell with documents
Magistrate PetitionUnder Sec. 457 CrPC for unfreezing
High Court WritUnder Article 226 Constitution
Contact BankGet freeze order details

For Educational & Legal Awareness
Website: www.ushavatsassociates.in

Services Offer Usha Vats & Associates