A criminal trial in India follows a structured process that begins after the police file a chargesheet and the court frames charges. The prosecution presents its evidence first, then the accused gets a full opportunity to present their defence. The court finally delivers its judgment — either conviction or acquittal. The entire process is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC) from 1 July 2024, and the fundamental principle is clear: the prosecution must prove guilt beyond reasonable doubt, and until then, you are presumed innocent.
Why this matters
If you are facing a criminal trial, the courtroom can feel intimidating and confusing. Legal proceedings use specialised language, follow specific rules, and move at a pace that can be frustrating. Understanding what happens at each stage gives you the ability to work effectively with your lawyer, make informed decisions, and exercise your rights at the right time. A criminal trial is not a formality — it is a genuine opportunity to defend yourself, and many trials end in acquittal.
The stages of a criminal trial
Stage 1: Framing of charges
After the chargesheet is filed and the court takes cognizance, the judge examines the evidence collected during investigation to decide whether there is enough reason to put you on trial.
What happens: The judge reads the chargesheet, witness statements, and documents. Both the prosecution and your lawyer present arguments. The judge then decides:
- Discharge: If the evidence is insufficient, you are discharged and the case ends (though it can potentially be revived if strong new evidence surfaces)
- Charges framed: If the judge finds a prima facie case, formal charges are framed
Your role: Your lawyer will argue for discharge by pointing out weaknesses in the prosecution's case. If charges are framed, they will be read out and explained to you in a language you understand.
Your plea: You will be asked whether you plead guilty or not guilty. In almost all cases, your lawyer will advise you to plead not guilty and claim trial.
Stage 2: Prosecution evidence
This is the main phase of the trial. The prosecution presents its case by calling witnesses and producing documents, forensic reports, and other evidence.
What happens:
- Each prosecution witness is first examined by the prosecutor ("examination-in-chief") — they tell their version of events
- Your lawyer then cross-examines each witness — this is where the defence challenges the witness's version, exposes contradictions, and tests credibility
- The prosecution also presents documentary evidence — forensic reports, phone records, CCTV footage, financial records, etc.
In practice: Cross-examination is often the most critical part of the trial. A skilled defence lawyer can demolish the prosecution's case by showing that witnesses are lying, contradicting themselves, or unable to support the charges.
Important: Under Indian law, the burden of proof is entirely on the prosecution. You do not have to prove your innocence — the prosecution must prove your guilt beyond reasonable doubt. This is a constitutional protection under Article 21.
Stage 3: Statement of the accused (Section 351 BNSS / Section 313 CrPC)
After the prosecution closes its evidence, the court puts specific questions to you about the incriminating evidence that has emerged during trial.
What happens: The judge goes through each piece of prosecution evidence and asks you to explain or deny it. For example: "Witness X says you were at the scene at 9 PM. What do you say?" You respond to each point.
Your rights:
- You are not under oath — you cannot be punished for what you say here
- You are not cross-examined — the prosecution cannot question you
- You can simply deny the allegations or offer your explanation
- Whatever you say here can be used by the court as an aid, but your refusal to answer cannot be held against you
In practice: Answer honestly and consistently with your defence strategy. Your lawyer will prepare you for this stage. Never volunteer extra information — answer only what is asked.
Stage 4: Defence evidence
After your statement, you have the right to present your own evidence. This is entirely optional — the burden is on the prosecution, and you are not required to present any defence.
What happens (if you choose to present evidence):
- You can call witnesses in your favour (defence witnesses)
- You can produce documents, records, or expert evidence
- The prosecution can cross-examine your witnesses
- You can testify as your own witness (rare but legally permitted)
In practice: Many cases are won purely on the strength of cross-examination of prosecution witnesses, without the defence calling any witnesses at all. Your lawyer will decide whether calling defence witnesses strengthens or weakens your case.
Stage 5: Final arguments
Both sides present their closing arguments, summarising the evidence and making their legal case.
Prosecution argues: The evidence proves the accused committed the offence beyond reasonable doubt. They highlight strong witness testimony, documentary evidence, and forensic findings.
Defence argues: The prosecution has failed to prove its case beyond reasonable doubt. They highlight weaknesses — contradictions in witness testimony, gaps in evidence, failure of investigation, and alternative explanations.
In practice: Final arguments can last from a few hours to several days, depending on the complexity of the case. This is where the entire case is tied together.
Stage 6: Judgment
The judge delivers the verdict — either conviction or acquittal.
Acquittal: If the court finds that the prosecution has not proved the charges beyond reasonable doubt, you are acquitted. You walk free, and the case is over (subject to the prosecution's right to appeal).
Conviction: If the court finds you guilty, a separate hearing is held on the question of sentence. Your lawyer can argue for a lenient sentence, and the court considers your age, background, circumstances of the offence, and any mitigating factors.
Important: Even after conviction, you have the right to appeal to a higher court. A Sessions Court conviction can be appealed to the High Court. A Magistrate Court conviction can be appealed to the Sessions Court. There is always at least one level of appeal available.
Two types of trial courts
Sessions Court
Tries serious offences — those punishable with more than 7 years imprisonment, life imprisonment, or death. The trial is conducted by a Sessions Judge or Additional Sessions Judge. Sessions trials follow the procedure in Sections 248-259 BNSS.
Magistrate Court
Tries less serious offences — those punishable with up to 7 years imprisonment. Trials are conducted by Metropolitan Magistrates or Judicial Magistrates. There are two types:
- Warrant trials (for more serious offences triable by Magistrate) — Sections 260-270 BNSS
- Summons trials (for less serious offences) — Sections 271-278 BNSS
How long do criminal trials take?
There is no fixed timeline. In reality:
- Simple cases in Magistrate courts: 1 to 3 years
- Sessions court trials: 3 to 7 years
- Complex cases: 5 to 15 years or more
- Cases with many witnesses or documentary evidence take longer
The delay is primarily due to court backlogs, frequent adjournments, witness non-availability, and transfer of judges. The Supreme Court has held that unreasonable delay itself can be a ground for bail.
What if things go wrong
If key prosecution witnesses turn hostile
A witness is "hostile" when they change their statement in court from what they told the police. When this happens, the prosecution can seek permission to cross-examine their own witness. Hostile witnesses significantly weaken the prosecution's case and often lead to acquittal.
If your lawyer is not performing well
You have the absolute right to change your lawyer at any stage of the trial. If you cannot afford a new lawyer, apply for free legal aid through the District Legal Services Authority.
If the trial is unreasonably delayed
File a bail application citing the right to speedy trial under Article 21 of the Constitution. In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court established that delay itself violates fundamental rights.
Common myths
Myth: If you are on trial, you are probably guilty. Reality: Indian law presumes every accused person innocent until proven guilty. The burden of proving guilt beyond reasonable doubt lies entirely on the prosecution. Many trials end in acquittal.
Myth: You must testify in your own defence. Reality: You have no obligation to present any defence evidence or testify. The prosecution must prove its case independently. You can simply point out weaknesses in the prosecution's evidence.
Myth: Criminal trials always end quickly, like in the movies. Reality: Indian criminal trials typically take several years. Patience, consistent attendance, and a competent lawyer are essential.
Myth: The judge decides based on what the police say. Reality: The police do not testify as neutral parties — they are part of the prosecution. The judge evaluates all evidence independently and reaches their own conclusion.
The law behind this
| Stage | Old Law (CrPC 1973) | New Law (BNSS 2023) | What Happens |
|---|---|---|---|
| Framing charges | Section 227-228 | Section 250-251 | Judge decides if trial should proceed |
| Prosecution evidence | Section 231 | Section 254 | Witnesses examined and cross-examined |
| Statement of accused | Section 313 | Section 351 | Accused responds to incriminating evidence |
| Defence evidence | Section 233 | Section 256 | Accused may present witnesses and documents |
| Acquittal (no case) | Section 232 | Section 255 | Court finds prosecution failed — accused freed |
| Conviction | Section 235 | Section 258 | Court finds accused guilty — sentence follows |
Frequently asked questions
Can I attend someone else's criminal trial? Generally, yes. Most criminal trials in India are held in open court and members of the public can attend. Exceptions include in-camera trials in cases involving sexual offences or minors.
What happens if I do not attend my trial? The court can issue a non-bailable warrant for your arrest and proceed with the trial in your absence in certain circumstances. Always attend court on the scheduled date, or seek an exemption through your lawyer in advance.
Can the prosecution add new charges during the trial? Yes. If new evidence emerges during the trial, the court can alter or add charges under Section 252 BNSS (earlier Section 216 CrPC). You will be given an opportunity to respond to the new charges.
What is the conviction rate in Indian criminal trials? The conviction rate in Sessions Court trials is approximately 25-30%, and in Magistrate Court trials it is around 50-60%. This means a significant proportion of accused persons are acquitted after trial.
Can I negotiate a lighter sentence if I plead guilty? Under the plea bargaining provisions (Sections 289-300 BNSS / Sections 265A-265L CrPC), you can negotiate a mutually agreed disposition for offences punishable with up to 7 years imprisonment. However, plea bargaining is not available for offences against women, children, or offences affecting national security.