TRIAL- Civil and Criminal.WHAT IS A TRIAL?

WHAT IS A CIVIL TRIAL?

WHAT IS A CRIMINAL TRIAL?

TRIAL

In law, a trial is a coming together of parties to a dispute.

To present information (in the form of evidence) in tribunal.

A tribunal is a formal setting with the authority to adjudicate claims or disputes.

One form of tribunal is a court.

The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

Types of trials.

CRIMINAL TRIAL- It is designed to resolve accusations brought (usually by a government) against a person accused of a crime.

In common law systems, most criminal defendants are entitled to a trial held before a jury.

CIVIL TRIAL- It is generally held to settle lawsuits or civil claims—non-criminal disputes.

In some countries, the government can both sue and be sued in a civil capacity.

CIVIL TRIAL.

The rules for a civil trial are all given in CODE OF CIVIL PROCEDURE.

The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred.

A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

Procedure in a civil trial.

1. Appearance

• Summons to defendant 

• Appearance of defendant 

• Filing of written statement by defendant 

• Filing of Replication/Rejoinder by plaintiff 

• Admission /denial of documents

2. Framing of issues 

•  Issues framed 

•  Application for additional issues

Procedure in a civil trial.

3. Evidence

• Plaintiff evidence

•  Filing of evidence by way of affidavit by plaintiff 

•  Cross examination by defendant  

• Defendant evidence

•  Filing of evidence by way of affidavit by defendant 

•  Cross examination by plaintiff 

4. Final argument

5. Decree/ judgment

6. Execution of decree

CRIMINAL TRIAL.

India has a well-established statutory, administrative and judicial framework for criminal trials. Indian Penal laws are primarily governed by 3 Acts:

The Code of Criminal Procedure, 1973 (Cr.P.C.);

The Indian Penal Code, 1960 (IPC);

The Indian Evidence Act, 1872 (IEA).

According to Criminal Procedure Code, criminal trial can be of tree types namely Trial in Warrant cases, Trial in Summon Cases and Summery Trial

TRIAL IN WARRANT CASES.

Cases in which an offence attracts a penalty of imprisonment for more than 7 years and it includes offences punishable with death and life imprisonment.

The trial starts either by filing of FIR or by filing a complaint before a magistrate.

If the magistrate finds that the case relates to an offence carrying a punishment for more than two years, the case is sent to the sessions court for trial.

Section 193 of the Criminal Procedure Code clearly states that the session court can not take cognizance of any offence unless the case has been sent to it by a magistrate.

The process of sending it to sessions court is generally called committing it to sessions court.

TRIAL IN A SUMMON CASE.

Summon cases are those cases in which an offence is punishable with an imprisonment of less than two years.

In this case, if a magistrate, after looking into the case, thinks that a case is not a summon case, he may convert it into a warrant case.

In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called “notice”, to the accused when the person appears in pursuance to the summons.

SUMMARY TRIAL.

Case of offenses punishable with an imprisonment of not more than six months can be tried in a summary way.

It is also to be noted that if the case has been tried in a summary way, a person can not be awarded a punishment of imprisonment for more than three months.

STAGES IN A CRIMINAL TRIAL.

PRE- TRIAL STAGES.

• Registration of FIR.

• Investigation.

STAGES IN A CRIMINAL TRIAL.

TRIAL STAGES.

• Filing of charge sheet.

• Framing of charges/serving the notice.

• Recording of the Prosecution Evidence.

• Statement of the accused

• Evidence of Defense.

• Final Arguments of both the sides

• Delivery of Judgment.

• Arguments on sentence.

• Judgment with punishment