This article covers what happens in court. For the earlier steps (FIR, investigation, bail) see Stages of a criminal case.
Types of trials
- Sessions trial: for serious offences, in the Sessions Court, conducted by a Public Prosecutor
- Warrant trial: for offences punishable with more than two years, before a Magistrate
- Summons trial: for less serious offences
- Summary trial: a quicker procedure for minor offences, for example many cheque bounce cases
Step 1: Framing of charge
The judge reads the charge to the accused. The accused may plead guilty or claim to be tried.
Step 2: Prosecution evidence
The prosecution examines its witnesses in this order:
- Examination-in-chief by the prosecutor
- Cross-examination by the defence lawyer, to test the truth and memory of the witness
- Re-examination, if needed, to clear up points raised in cross-examination
Documents and other material evidence are exhibited. Electronic records can be proved through the Bharatiya Sakshya Adhiniyam, 2023 with the required certificate.
Step 3: Statement of the accused
After the prosecution evidence, the judge asks the accused about the incriminating circumstances in the evidence. The accused is not sworn and can explain or deny. This is a chance to give his version. The new law allows this to be done by audio-video means in suitable cases.
Step 4: Defence evidence
The accused may produce witnesses and documents, but is not bound to do so. The burden remains on the prosecution.
Step 5: Final arguments
Both sides argue on law and evidence. Written submissions are often filed.
Step 6: Judgment
The court decides whether the prosecution has proved its case beyond reasonable doubt.
- Acquittal: accused is freed
- Conviction: court hears both sides on sentence and then passes it. The new law also allows community service for some minor offences.
Trial in absentia
The new BNSS lets a trial go on in certain circumstances against an absconding proclaimed offender, with safeguards. It is not a substitute for normal trial.
Useful tips
- Attend every hearing and keep all court papers.
- Tell your lawyer the full truth early.
- Never contact or pressure witnesses.
- Ask about settlement or mediation if the offence allows it.
Frequently asked questions
What does “beyond reasonable doubt” mean?
The court must be almost certain of guilt. If a reasonable doubt exists, the accused gets the benefit.
Can a trial be held online?
Parts of it, such as certain appearances and evidence, can be conducted through video-conferencing under the new law, subject to court permission.
Do I need to be present at every hearing?
Usually yes, but the court can grant exemption on application with a good reason.
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Last reviewed: October 2026. This article is for general information only. It is not legal advice and does not create an advocate-client relationship. Laws, fees and procedures change, and every case depends on its own facts, so please consult a qualified advocate before acting. In line with Bar Council of India rules, this page is not an advertisement or solicitation.
