Criminal Law
How a criminal trial works in India
From the FIR to the charge sheet
A criminal case in a cognizable offence ordinarily begins with a First Information Report under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which sets the investigation in motion. The police investigate, gather evidence and record statements, and on completing the investigation file a final report, the charge sheet, before the court. If the material does not make out an offence, the report may instead recommend closure.
Charge, plea and trial
The court considers whether there is enough material to proceed and, if so, frames a charge setting out what the accused is alleged to have done. The accused then pleads guilty or not guilty. If the plea is not guilty, the trial follows: the prosecution leads its evidence and its witnesses are cross-examined, the accused's case and any defence evidence are put forward, and both sides make their final arguments.
Judgment and appeal
The court then delivers its judgment, acquitting or convicting the accused; on a conviction it hears the accused on sentence before passing it. A person aggrieved by the judgment has a right of appeal to the higher court, and the new code builds in timelines at several of these stages with the aim of reducing delay. This sequence, from the FIR to the final order, is the framework within which a defence is prepared and conducted.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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