trial

In criminal law, the trial begins after charges are framed (or, in summons cases, after the particulars of the offence are stated to the accused) and ends in acquittal or conviction. The BNSS provides four kinds of trial: sessions trial, trial of warrant cases, trial of summons cases, and summary trial. The stage before trial, such as investigation and inquiry, is not part of the trial.

Every trial must be fair: the accused is presumed innocent, has the right to be defended by a lawyer (Article 22(1)) and to cross-examine prosecution witnesses, and evidence must generally be taken in his presence. A speedy trial is part of the right under Article 21.

Example

Since murder is triable exclusively by the Court of Session, the Magistrate committed the case and the trial began with the framing of charges by the Sessions Judge.

In Indian law

• Bharatiya Nagarik Suraksha Sanhita, 2023 (sessions, warrant, summons and summary trials; old CrPC Chapters XVIII–XXI)
• Articles 21 and 22(1), Constitution of India

See also

charge · investigation · acquittal · conviction

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)