Best Female Advocate in Delhi - State on Criminal Trial

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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E-Commerce Cyber Crime, Banking Cyber Crime, and E-Banking Cyber Crime

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in India, including meaning, types, laws, and remedies.

1. E-Commerce Cyber Crime

Meaning

E-commerce cyber crime refers to illegal activities committed through online shopping platforms, digital marketplaces, or online business transactions.

These crimes usually target buyers, sellers, and e-commerce platforms.

E-commerce offences are mainly governed by the Information Technology Act, 2000 and provisions of the Bharatiya Nyaya Sanhita, 2023.

Common Types of E-Commerce Cyber Crimes

1. Fake Online Shopping Websites

Fraudsters create fake websites that look like genuine platforms and collect payments without delivering products.

Example
Fake mobile phone offers at very low prices.

2. Online Payment Fraud

Customers make payment but never receive the ordered product.

3. Seller Fraud

Fake sellers list non-existent products and cheat buyers.

4. Delivery Fraud

Fraudsters misuse delivery systems and payment gateways.

5. Data Theft

Hackers steal customer credit card details and personal data from e-commerce websites.

Punishment

Punishments may include:

  • Up to 3 years imprisonment
  • Monetary fines
  • Compensation to victims

depending on the offence under the Information Technology Act.

2. Banking Cyber Crime

Meaning

Banking cyber crime refers to criminal activities that target banking systems, bank accounts, financial institutions, and digital financial transactions.

These crimes often involve stealing money from victims through digital fraud.

Common Types of Banking Cyber Crimes

1. ATM Skimming

Criminals install devices in ATMs to steal card data and PIN numbers.

2. Phishing Attacks

Fraudsters send fake emails or messages pretending to be from banks and ask victims to share:

  • OTP
  • debit card number
  • password

3. SIM Swap Fraud

Criminals duplicate the victim’s SIM card and access bank OTPs.

4. Credit Card Fraud

Unauthorized use of credit or debit card information.

5. Fake Loan Apps

Fraudulent apps provide fake loans and steal personal information.

Important Legal Provisions

Under the Information Technology Act, 2000:

  • Section 43 – Unauthorized access
  • Section 66 – Computer related offences
  • Section 66C – Identity theft
  • Section 66D – Online cheating

3. E-Banking Cyber Crime

Meaning

E-banking cyber crime involves fraud committed through internet banking, mobile banking, and digital payment systems.

With increasing digital transactions, such crimes are rapidly increasing.

Common Types of E-Banking Cyber Crimes

1. Internet Banking Fraud

Hackers gain access to bank login credentials and transfer money illegally.

2. OTP Fraud

Fraudsters trick victims into sharing OTPs and complete unauthorized transactions.

3. UPI Fraud

Criminals misuse UPI payment requests or QR codes to steal money.

4. Malware Attacks

Malicious software is used to steal banking information from computers or mobile phones.

5. Fake Customer Care Numbers

Fraudsters post fake bank helpline numbers online and cheat customers.

4. How to Report Banking or Cyber Fraud

Victims should immediately report cyber fraud to the National Cyber Crime Reporting Portal.

Steps:

  1. Visit cybercrime.gov.in
  2. Register complaint online
  3. Upload evidence such as transaction details
  4. Cyber police start investigation.

For financial fraud, victims should also call the cyber fraud helpline 1930 immediately.

Early reporting increases the chances of recovering stolen money.

5. Punishment for Banking and E-Banking Cyber Crimes

Punishments may include:

  • 3–7 years imprisonment
  • Heavy monetary fines
  • Compensation to victims

In serious cases like cyber terrorism, punishment may extend to life imprisonment.

6. Prevention Tips

To prevent cyber financial crimes:

✔ Never share OTP or banking password
✔ Avoid clicking suspicious links
✔ Use secure banking apps only
✔ Verify website URLs before payment
✔ Enable two-factor authentication
✔ Do not scan unknown QR codes.

Conclusion

E-commerce, banking, and e-banking cyber crimes are increasing rapidly due to the expansion of digital transactions. Strong laws such as the Information Technology Act, 2000 provide legal protection, but awareness and quick reporting are essential to prevent financial loss.

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Difference between FIR vs NCR

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Here is a clear legal difference between FIR and NCR (commonly used in Indian criminal law).

BasisFIRNCR
Full FormFirst Information ReportNon-Cognizable Report
Type of OffenceFiled for Cognizable offencesFiled for Non-cognizable offences
Police PowerPolice can register case and start investigation immediatelyPolice cannot investigate without court permission
ArrestPolice can arrest without warrantPolice cannot arrest without warrant
Permission of CourtNot required for investigationRequired from Magistrate before investigation
SeriousnessUsed for serious crimesUsed for minor offences
Legal ProvisionRegistered under Code of Criminal Procedure Section 154Recorded under Code of Criminal Procedure Section 155

Examples

FIR (Cognizable offences)

  • Murder
  • Rape
  • Kidnapping
  • Robbery
  • Serious assault

NCR (Non-Cognizable offences)

  • Minor assault
  • Defamation
  • Public nuisance
  • Simple hurt

Key Practical Difference (Very Important)

  • FIR → Police directly investigate the case.
  • NCR → Police only make entry and advise the complainant to approach the Magistrate.

Advocate Practice Tip

In many police stations, when the offence appears minor, police register NCR instead of FIR. In such situations, the complainant can file an application under Code of Criminal Procedure Section 156(3) before the Magistrate seeking directions for registration of FIR.

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IMPORTANT LIMITATION PERIODS

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Limitation Act, 1963

ProceedingLimitation Period
Regular Civil Appeal (District Court)30 days
First Appeal (High Court)90 days
Second Appeal (High Court)90 days
Appeal from Order (High Court)60 days
Civil Revision90 days
Civil Appeal to Supreme Court60 days
Recovery of Money3 years
Breach of Contract3 years
Specific Performance of Contract3 years
Possession of Immovable Property12 years
Execution of Decree12 years
Written Statement (Order VIII Rule 1 CPC)30 days (extendable up to 90 days)
Consumer Complaint2 years
Motor Accident Claim (MV Act)No strict limitation (reasonable delay principle)
Appeal against Conviction (Sessions Court)30 days
Appeal against Conviction (High Court)60 days
Government Appeal against Acquittal6 months
Legal Notice under Section 138 NI ActWithin 30 days from dishonour memo
Filing Complaint under Section 138 NI ActWithin 30 days after expiry of 15 days notice period

Important Note:

Under Section 5 of the Limitation Act, 1963, courts may condone delay if sufficient cause is shown (except in certain cases like execution proceedings).

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readchargesheet

READ A CHARGE SHEET

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Reading a chargesheet like a senior advocate requires legal insight, attention to procedural details, and strategic thinking. A chargesheet (as per Section 173(2) of CrPC / BNSS) is the final police report after investigation, and it lays the foundation for prosecution.

Here’s a step-by-step guide to help you read a chargesheet like an expert:

 1. Read the FIR Carefully First

  • Note FIR number, date, police station.
  • Identify:
    • Sections invoked (IPC, special laws).
    • Name and role of complainant and accused.
    • Brief narrative – motive, place, time, method.

➡️ Compare this with the chargesheet narrative.

2. Check the List of Accused and Their Roles

  • See who is named as accused, and whether:
    • Any accused is absconding (shown as PO).
    • Any accused is shown as “Not Sent Up” (NSU) – i.e., insufficient evidence.
    • Any new accused is added (u/s 319 CrPC possible later).

➡️ Are charges uniform or individualized?

3. Examine the List of Witnesses (Annexure)

  • Check witness types:
    • Eye-witness
    • Police/investigating officer
    • Panch witness (for recovery/seizure)
    • Expert witness (forensic, medico-legal)
  • Are key witnesses missing?
  • Any hostile witness indicators?

➡️ Match witness names to their statements (161 CrPC).

4. Read Section 161 Statements

  • Read each statement carefully:
    • Consistency with FIR?
    • Are there contradictions?
    • Any signs of improvement or exaggeration?
    • Common plot or vague/inconsistent accounts?

➡️ This is crucial for later cross-examination strategy.

5. Analyze Medical & Forensic Evidence

  • Medical report (MLC / Postmortem report)
    • Time, injury nature, weapon type, healing, etc.
  • FSL report (fingerprints, DNA, drugs, cyber data)
  • Weapon or object sent for forensic testing?

➡️ Does it support or contradict the prosecution version?

6. Look at Recovery & Seizure Memos (Panchanama)

  • What was recovered? (weapon, phone, stolen property)
  • Date, time, and location of recovery.
  • Any delay or lack of independent witnesses?

➡️ Is recovery under Section 27 Evidence Act?

7. Spot Procedural Irregularities

  • Was the arrest legal and timely?
  • Any delay in forwarding accused to magistrate (u/s 57 CrPC)?
  • Was Section 41A notice issued?
  • Are FSL reports or call data certificates (65B Evidence Act) filed properly?

➡️ Any irregularity can help in discharge/quashing later.

8. Cross-Verify with Supporting Documents

  • CCTV footage, WhatsApp chats, call logs, etc.
  • Are 65B certificates attached?
  • Compare timings, locations, phone tower dumps (especially in cyber/POCSO cases).

➡️ Check for fabrication or tampering signs.

9. Study Final Opinion of IO

  • The last page of chargesheet contains the conclusion by IO.
    • “Charge-sheeted” vs. “Untraced” vs. “Closure”
    • Based on evidence sufficiency, not proof beyond doubt.

➡️ IO’s conclusion is not final – court takes cognizance independently.

10. Apply Strategic Thinking

  • Is this a fit case for discharge? (under S. 227/239 CrPC)
  • Should you challenge the chargesheet in High Court under S. 482 CrPC / BNSS 2023?
  • Or wait for framing of charge and go for quashing later?
  • Any ground for anticipatory bail or regular bail?

➡️ Your legal strategy flows from your chargesheet reading.

Bonus Tip:

Make a summary table:

PointObservation
FIR vs. 161 Contradictions…
Role of Accused X…
Independent Witnesses…
Forensic Consistency…
Delay in FIR / Arrest…
Possible Defense Angles…
read-a-chargesheet

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BNSS Section 107

Procedures for the attachment, forfeiture, or restoration of property associated with criminal activities.

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Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addresses the procedures for the attachment, forfeiture, or restoration of property associated with criminal activities. Key aspects include:

  • Application for Attachment: Investigating police officers who believe that certain property is derived from criminal activities can apply to the relevant court or magistrate for its attachment, with prior approval from a Superintendent or Commissioner of Police.
  • Show-Cause Notice: If the court or magistrate finds reasonable grounds to consider the property as proceeds of crime, they may issue a notice to the concerned individual, requiring them to justify within 14 days why the property should not be attached.
  • Attachment Order: After reviewing the individual’s explanation and providing an opportunity for a hearing, the court or magistrate may order the attachment of properties identified as proceeds of crime. If the individual fails to respond within the specified period, an ex parte order may be issued.
  • Interim Attachment: In situations where issuing a notice might undermine the attachment’s purpose, the court or magistrate can order an interim ex parte attachment or seizure of the property, effective until a final decision is made.
  • Distribution of Proceeds: Upon confirming that the attached or seized properties are proceeds of crime, the court or magistrate directs the District Magistrate to distribute these assets proportionally among the affected individuals. This distribution should occur within 60 days, either by the District Magistrate or an authorized subordinate.
  • Forfeiture to Government: If there are no identifiable claimants or if surplus proceeds remain after satisfying all claims, such proceeds are forfeited to the government.

This section aims to ensure that properties obtained through criminal means are effectively seized and redistributed to victims, with any unclaimed assets reverting to the state.

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