People facing a criminal case for the first time often assume that a trial is one long hearing at which everything is decided. In practice a criminal proceeding in India moves through a defined series of stages, spread over months or years, and each stage does something different. Knowing what each one is for helps you understand where your case stands and what is expected of you.
- Information, or complaint An FIR under Section 173 of the BNSS, or a complaint made directly to a Magistrate.
- Investigation Statements, seizures, searches, expert opinions and, where the law permits, arrest.
- Final report A charge sheet where an offence is alleged to be made out; a closure report where it is not, which the Magistrate may accept or reject.
- Cognizance A judicial act, not an administrative one: the court decides there is enough material to set the criminal process in motion.
- Charge, or discharge The court considers the material and hears both sides before any evidence is recorded. DischargeNo sufficient ground to proceed. The case ends here. Charge framedRead out and explained to the accused, who pleads guilty or claims trial.
- Prosecution evidence Each witness examined in three steps: examination-in-chief, cross-examination, re-examination.
- Statement of the accused Questioned on the circumstances appearing against them, under Section 351 of the BNSS. Not on oath.
- Defence evidence Optional. The burden of proving the charge rests on the prosecution throughout, and never shifts.
- Final arguments Both sides address the court on the evidence actually recorded.
- Judgment AcquittalThe charge is not proved beyond reasonable doubt. ConvictionBoth sides are then heard on the question of sentence.
- Appeal or revision To the Sessions Court or the High Court, and in some matters the Supreme Court. Subject to limitation periods.
Before the trial begins
A criminal case ordinarily starts in one of two ways: with information given to the police about a cognizable offence, which is recorded as a First Information Report under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, or with a complaint made directly to a Magistrate.
Where an FIR is registered, the police investigate. Investigation may involve recording statements, seizing documents or articles, conducting searches, obtaining expert opinions and, where the law permits, arresting the accused. At the end of the investigation the police file a final report. If it alleges that an offence is made out, it is commonly called a charge sheet; if it does not, it is a closure report, which the Magistrate may accept or reject.
The court then applies its mind to that report and takes cognizance of the offence. Taking cognizance is a judicial act, not an administrative one — it means the court has decided there is enough material to set the criminal process in motion.
Framing of charge, or discharge
This is one of the most important stages of the whole case, and it is often underestimated.
Before evidence is recorded, the court considers the material collected during investigation and hears both sides. If the material does not disclose sufficient ground to proceed, the accused is discharged and the case ends there. If the court is of the view that there is ground to presume that the accused has committed the offence, it frames a charge — a precise written statement of what the accused is alleged to have done.
The charge is then read out and explained to the accused, who is asked whether they plead guilty or claim to be tried. In the great majority of cases the accused claims trial, and the matter proceeds to evidence.
Prosecution evidence
The prosecution must prove its case. It does so by producing witnesses, who are examined in three steps:
- Examination-in-chief — the prosecution asks the witness to state what they know.
- Cross-examination — the defence tests that account: its consistency, the witness's opportunity to observe, their interest in the outcome, and its agreement with the documents and other evidence on record.
- Re-examination — the prosecution may clarify anything that became ambiguous during cross-examination.
Documents, seizure memos, medical and forensic reports and electronic records are proved during this stage as well. Cross-examination is where most criminal cases are actually won or lost, and it is the reason the defence needs the case papers well before the witness is called.
Statement of the accused
Once the prosecution evidence is complete, the court questions the accused on the circumstances appearing against them, under Section 351 of the BNSS (formerly Section 313 of the Criminal Procedure Code). The purpose is to give the accused a fair chance to personally explain that material.
The answers are not given on oath, and the accused cannot be punished for refusing to answer. But the stage matters: an explanation offered here, or the absence of one, can influence how the court reads the rest of the record.
Defence evidence
The accused is not obliged to lead any evidence. The burden of proving the charge rests on the prosecution throughout, and it never shifts. Where the defence does have witnesses or documents that assist — an alibi, a contemporaneous record, an expert opinion — this is the stage at which they are produced.
Final arguments
Both sides address the court on the evidence actually recorded: what has been proved, what has not, which witnesses are reliable, and what the law requires for the particular offence. Written submissions are often filed alongside oral argument.
Judgment and sentence
The court delivers judgment. If the prosecution has not proved the charge beyond reasonable doubt, the accused is acquitted. If the charge is proved, the accused is convicted, and the court then hears both sides on the question of sentence before passing it.
After the judgment
A judgment is not necessarily the end. Depending on the court that passed it and the nature of the order, an appeal or a revision may lie to the Sessions Court or the High Court, and in some matters to the Supreme Court. These remedies are subject to limitation periods, so the timing of the decision to challenge a judgment matters as much as the grounds.
Conclusion
A criminal trial is a structured process, not an unpredictable one. Each stage has a purpose, and each carries decisions that shape what follows. The earlier a matter is examined properly — ideally at the investigation or charge stage rather than after evidence has been recorded — the more room there usually is to deal with it effectively.
Legal disclaimer
This content is provided for general informational purposes only and should not be considered legal advice. Every legal matter depends on its specific facts and circumstances. Readers should seek appropriate professional legal advice for their individual situation.
