Settled principles of evidence in criminal Trial.

The 9 Stages of a Criminal Trial

Although each case is unique, criminal charges tend to follow a pretty familiar path through the justice system. Young Legal Eagles in order to help a layman understand the broad outline of how criminal charges move through the criminal justice system have endeavoured to enumerate stages that if someone is involved, he/she should consult a criminal defence lawyer to learn how his case will proceed in the court that hears it.

Stage 1: Arrest or apprehension of arrest!

As a general rule, when a police officer sees a crime being committed or has probable cause to believe that a cognizable crime is committed in his or her presence or jurisdiction, the officer can make an arrest forthwith or after registration of FIR. In non cognizable cases law permits officers to make arrests after obtaining warrant. Arrest warrants are issued by a judge or magistrate. They are based on written requests submitted by law enforcement officers explaining the facts that justify an arrest. If those facts establish probable cause to believe that the named suspect committed a crime, the magistrate will issue a warrant that allows an officer to enter private property in order to arrest that suspect.

Stage 2: Posting Bail

Every person who has been named in FIR is presumed innocent. Because innocent people should not be jailed, most persons succeed to secure pre arrest bails and those failing are released from custody pending the outcome of their criminal charges. At the same time, courts want some assurance that accused will appear for their trial and other court proceedings. In some cases, courts also want assurances that accused who are released from custody will not threaten witnesses or commit new crimes. Courts resolve the tension between freeing the presumptively innocent and assuring future court appearances by allowing release on bail.

If the suspect is not a flight risk, the magistrate may decide to authorize a release with or without surety If the magistrate is concerned that the suspect will flee if released, the magistrate may require the accused to post surety that will guarantee that the accused appears at all court hearings that require his / her personal appearance. The court can also impose conditions of release, including prohibiting contact with the victim or witnesses, requiring the accused to participate in drug testing or treatment, imposing a curfew and other restrictions or requirements that ensure the public’s safety in case of being mentally ill.

Stage 3: The Filing of Formal Charges

Prosecutors typically charge misdemeanors by filing a criminal Challan with a court. Criminal Challans usually contain a statement of facts that explain how, when and where the accused committed the charged offences and type of evidence against him. A criminal Challan is followed by a preliminary hearing. The court determines whether the charges are supported by probable cause after considering the testimony of witnesses. If the court decides that the accused is reasonably connected with commission of triable offence , formal charges in a document called an "Charge فرد جرم" are framed requiring the accused to plead guilty or not guilty. On plea to stand trial by pleading not guilty, the court directs prosecution to lead evidence. Although the details vary, the accused generally have the right to obtain or inspect police reports, laboratory reports, photographs and physical evidence that will be introduced against the defendant at trial. Witness statements must be disclosed.

Stage 4: Motions

Many criminal cases are dismissed as a result of motions filed by a defence attorney on the grounds that either charge was groundless or there was no probable cause of conviction.

Stage 5:Negotiation and Settlement

Some form of plea bargaining occurs in our jurisdiction.Plea bargaining is the process of negotiating a resolution of the case. It may involve an agreement to dismiss some charges, to plead guilty to lesser charges, or to recommend that the judge impose a specific sentence. Most cases are resolved through negotiation or on account of composition if a plea agreement or out of court settlement is reached.

Stage 6:Trial

Every accused has the right to have guilt proved beyond a reasonable doubt from evidence of prosecution alone. The prosecutor thus makes opening statements that outline the evidence they expect will be produced at trial. The prosecution then calls witnesses to testify. The defense attorney has the opportunity to cross-examine those witnesses. When the prosecution completes its presentation of evidence, the defense has the right to call witnesses. The accused while denying evidence put to him has the right to testify but can elect to remain silent.

Stage 7: Arguments & Judgement

The prosecutor and the defence attorney make closing arguments, analysing the strengths and weaknesses of the evidence as they see it. The judge if then finds the accused not guilty, the case

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