From FIR to Verdict: The Criminal Trial Process in India Explained

Stage 1: FIR Registration and Police Investigation

A criminal case in India typically begins with a First Information Report (FIR) — a written document registered by police recording the first information of a cognisable offence. After FIR registration, the police investigate: recording witness statements under Section 161 BNSS, collecting forensic evidence, arresting suspects, and conducting searches.

The police can hold an arrested person for a maximum of 24 hours before producing them before a Magistrate, who can then authorise custody (remand) for further investigation — up to 15 days of police custody total, and beyond that, judicial custody (jail) while investigation continues.

Stage 2: Charge Sheet (Final Report)

After investigation, the police file a Charge Sheet (also called Final Report or Challaan) before the Magistrate. This document names the accused, states the offences alleged, and attaches the evidence collected. The police must file the charge sheet within 60 or 90 days of arrest (depending on the offence) — failing which the accused gets default bail as a statutory right.

Stage 3: Cognizance and Committal

The Magistrate “takes cognizance” of the charge sheet — meaning the court officially takes notice of the offence and decides whether to proceed. For offences exclusively triable by the Sessions Court (murder, rape, serious NDPS), the Magistrate commits the case to the Sessions Court. For offences within the Magistrate’s own jurisdiction, the trial proceeds at the Magistrate Court itself.

Stage 4: Discharge or Framing of Charges

At the Sessions Court, the accused can apply for discharge (under S.250 BNSS) arguing that the charge sheet material does not justify a trial. If discharge is refused, the court frames charges — formally stating what offences the accused is being tried for. The accused is asked how they plead — “guilty” (rare) or “not guilty” (most cases). If guilty, the court convicts and sentences. If not guilty, the trial proceeds.

Stage 5: Prosecution Evidence

The prosecution leads its evidence: calling witnesses (including investigating officer, eyewitnesses, forensic experts, doctors) and producing documents. Each prosecution witness is first examined by the Public Prosecutor, then cross-examined by the defence lawyer, then re-examined by the prosecution. This is the most critical stage for the defence — effective cross-examination can destroy the prosecution’s case.

Stage 6: Statement of Accused Under Section 352 BNSS

After prosecution evidence, the court records the accused’s statement under S.352 BNSS (formerly S.313 CrPC). The court puts all incriminating evidence to the accused and asks for their explanation. This statement is not under oath — an accused person cannot be punished for what they say here. The accused can explain, deny, or say “I don’t know.” This statement must be carefully prepared with the lawyer’s guidance.

Stage 7: Defence Evidence

The defence is then entitled to lead its own evidence — calling witnesses and producing documents to counter the prosecution’s case. In many cases, no defence evidence is led (if the prosecution’s evidence is considered too weak to require a counter) — but where there is a strong alibi or expert counter-evidence, this stage is critically important.

Stage 8: Final Arguments and Judgment

Both sides make final oral arguments — prosecution summarises why the evidence proves guilt, defence argues why it does not. The judge then delivers the judgment — either conviction or acquittal. If convicted, the court hears arguments on the appropriate sentence before passing the sentencing order.

Stage 9: Appeals

A conviction by the Sessions Court can be appealed to the Bombay High Court. A High Court judgment can be appealed to the Supreme Court of India (by special leave under Article 136). An acquittal can also be appealed — by the State against the accused, or by the complainant with leave of court.

How Long Does a Criminal Trial Take in Pune?

• Magistrate Court cases (cheque bounce, simple assault) — 1–3 years
• Sessions Court cases (murder, rape, serious offences) — 3–8 years
• Fast-track cases (POCSO) — 1–2 years (intended to be under 1 year)
• High Court appeal — 2–5 additional years

Frequently Asked Questions

Can a case be settled before the judgment is delivered?

For compoundable offences (e.g., cheque bounce, simple hurt, cheating between individuals), the parties can settle and the court can close the case. For non-compoundable offences (murder, rape, NDPS), the State continues the prosecution even if the parties privately settle — but a High Court quashing petition can close the case if the settlement is genuine and court is satisfied.

What happens if an important witness is not available for trial?

If a witness is not available — due to death, illness, or refusal to appear — the court can admit their earlier recorded statements under certain conditions. If the prosecution’s key witness does not appear and cannot be produced, the prosecution’s case weakens significantly, which can lead to acquittal at the evidence stage. Your lawyer will track witness availability closely throughout the trial.

Can I change my lawyer during the trial?

Yes. You can change your lawyer at any stage of trial by filing a new vakalatnama. The new lawyer will need time to read and understand the case records. A change mid-trial may cause some delay. However, if you are genuinely dissatisfied with your current representation — particularly at a critical stage like cross-examination of key prosecution witnesses — it is better to change than to proceed with inadequate defence.

Understanding the criminal trial process helps you make informed decisions at each stage. Advocate Akash Chikate guides accused persons and their families through every stage of criminal proceedings in Pune. Contact us for a consultation at any stage of your case.