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How Does an Indian Criminal Trial Work?

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Introduction A criminal trial in India follows a structured legal process designed to examine allegations, consider evidence, hear both sides, and determine whether the accused is guilty or entitled to acquittal. The exact procedure can vary depending on the nature of the offence, the court handling the matter, and whether the case is a summons-case, warrant-case, or trial before a Court of Sessions. Since the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now governs the criminal procedure, understanding the main stages can help individuals know what generally happens after a criminal case reaches court. Criminal lawyers can assist accused persons and other parties in understanding procedural requirements, preparing their case, and presenting their legal position before the appropriate court. 1. Filing of Information and Investigation The process usually begins when information about a cognizable offence is provided to the police. Under the BNSS, provisions relating to information i...