A criminal trial is the stage at which a court decides, on evidence, whether the accused is guilty of the offence alleged. Investigation collects material. Cognizance and process bring the accused to court. Trial is where witnesses are examined, the accused is heard, and a judgment of conviction or acquittal is pronounced.
Indian criminal trials are governed by procedure, not by the offence code alone. Until 30 June 2024 that procedure was the Code of Criminal Procedure, 1973 (CrPC). From 1 July 2024 it is the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Substantive offences sit in the IPC or the Bharatiya Nyaya Sanhita, 2023 (BNS). Evidence sits in the old Evidence Act or the Bharatiya Sakshya Adhiniyam, 2023. Pending cases may still run on the CrPC because of the savings clause. The shape of a trial is the same under both codes; the section numbers and some timelines have changed.
This page explains that shape for a client who has been summoned, committed to Sessions, or told that “trial has begun.” At The Chambers of Tarun Gaur, Advocates, trial work — charge, cross-examination, statement of the accused, defence evidence, and High Court challenge to trial-court orders — is core criminal practice. Advocate Tarun Gaur appears independently in the Delhi High Court and Delhi trial courts, after training under Mohit Mathur, Senior Advocate, former President of the Delhi High Court Bar Association.
Trial Is Not Investigation
| Stage | What happens | Who drives it |
| Investigation | FIR / complaint, search, seizure, statements, arrest, police report | Police / agency, supervised by the Magistrate in limited ways |
| Inquiry / pre-trial court work | Cognizance, supply of papers, committal (Sessions cases), discharge vs charge | Magistrate / Sessions Judge |
| Trial | Charge or substance of accusation, evidence, statement of accused, arguments, judgment | Trial court |
| Post-trial | Sentence (if convicted), appeal, revision, suspension of sentence | Appellate / revisional court |
A person can spend months in investigation and still not be “on trial.” Trial, in the strict sense, begins when the court frames a charge (Sessions / warrant cases) or states the substance of the accusation (summons / summary cases) and proceeds to take evidence.
The prosecution must prove guilt beyond reasonable doubt. The accused need not prove innocence. Silence is a right; it is not a confession.
Four Kinds of Criminal Trial
The code does not use one procedure for every offence. It sorts cases by maximum punishment and by which court tries them.
| Track | BNSS chapter | CrPC chapter | Court | Formal charge? | Typical offences |
| Sessions trial | Ch. XIX, Ss. 248–260 | Ch. XVIII, Ss. 225–237 | Court of Session (after committal) | Yes — S. 251 BNSS / S. 228 CrPC | Offences exclusively Sessions-triable (murder, serious sexual offences, many grave crimes) |
| Warrant-case trial | Ch. XX, Ss. 261–273 | Ch. XIX, Ss. 238–250 | Magistrate | Yes — S. 263 BNSS / S. 240 CrPC | Offences punishable with death, life, or imprisonment exceeding two years, tried by a Magistrate |
| Summons-case trial | Ch. XXI, Ss. 274–282 | Ch. XX, Ss. 251–259 | Magistrate | No — substance of accusation under S. 274 BNSS / S. 251 CrPC | Offences punishable with imprisonment up to two years |
| Summary trial | Ch. XXII, Ss. 283–288 | Ch. XXI, Ss. 260–265 | Empowered Magistrate | No — shortened record | Listed petty offences; BNSS widens the outer limit compared with the CrPC |
Warrant case and summons case are statutory labels. They do not mean “the court must issue a warrant” or “only a summons can issue.” They describe the trial chapter.
Summary trial is a method, not a fourth class of offence. The Magistrate records the substance of evidence and delivers a short judgment. BNSS allows summary trial of a wider band of offences than the CrPC did (the old ceiling was generally two years; Section 283 BNSS goes up to offences not punishable with death, life, or imprisonment exceeding three years, within the listed categories). If the Magistrate finds the matter too serious for a summary record, it can be converted to a regular trial.
The Life of a Case, Stage by Stage
1. FIR or complaint
Police cases start with information of a cognizable offence (Section 173 BNSS / Section 154 CrPC), including Zero FIR and e-FIR where used. Complaint cases start before a Magistrate. Not every trial begins with an FIR. Section 138 NI Act trials, for example, are complaint-based summons (often summary) trials.
2. Investigation and police report
The police collect evidence and file a report under Section 193 BNSS / Section 173 CrPC (chargesheet or closure). BNSS tightens investigation clocks and, for specified serious offences, insists on forensic collection. Default bail for delay in the report remains a liberty safeguard.
3. Cognizance, papers, process
The Magistrate takes cognizance (Section 210 BNSS / Section 190 CrPC), supplies documents (Section 230 BNSS), and issues summons or warrant. In Sessions-triable cases the Magistrate commits the case to the Court of Session (Section 232 BNSS / Section 209 CrPC). BNSS puts an outer time on committal.
4. Discharge or charge — where the trial track splits
- Sessions: discharge application within 60 days of committal ( 250 BNSS); charge framed if there is ground to presume the offence (S. 251).
- Warrant case on police report: discharge application within 60 days of supply of papers ( 262 BNSS); charge framed (S. 263).
- Warrant case on complaint: complainant’s evidence first, then discharge or charge ( 268–269 BNSS).
- Summons case: no formal charge. Particulars are stated. Under the CrPC there was no discharge at this stage (Subramanium Sethuraman). Under Section 274 BNSS, if the accusation is groundless, the Magistrate shall release the accused, with written reasons, and that release has the effect of discharge.
If the accused pleads guilty, the court may convict on the plea. If not, evidence begins.
5. Prosecution evidence
The State (or the complainant in a complaint case) examines witnesses. Each witness is examined-in-chief, cross-examined, and may be re-examined. Documents and electronic records are exhibited. This is usually the longest block of a criminal trial. Cross-examination is where a best criminal lawyer in Delhi trial practice is tested — not in the opening speech.
6. Statement of the accused
After the prosecution evidence, the court puts the incriminating circumstances to the accused and records answers. This is Section 351 BNSS (old Section 313 CrPC). It is not on oath. It is the accused’s chance to explain the record. It cannot be the sole basis of a conviction. A careless or unprepared 351/313 statement still damages many defences.
7. Defence evidence
Optional. The accused may lead witnesses and documents, or rest on holes in the prosecution case. The burden does not shift merely because the accused stays silent.
8. Final arguments and judgment
Both sides address the court on the record. Judgment follows (Section 392 BNSS and the trial-chapter judgment sections). BNSS expects judgment within a short window after arguments (commonly spoken of as 30 days, extendable to 45 with reasons). The judgment must give reasons. If the accused is convicted, sentence is a separate hearing so that mitigation can be placed on record.
9. Appeal or revision
A conviction by a Magistrate generally goes to Sessions; a Sessions conviction generally goes to the High Court, subject to the code. Revision is a narrower legality/propriety check, not a full rehearing. Bail pending appeal and, in NI Act cases, the Section 148 deposit, are separate applications.
Fair-Trial Rights That Run Through Every Track
Article 21 requires a fair, just and reasonable procedure. In a criminal trial that includes, among other things:
- notice of the accusation (charge or substance of accusation);
- supply of the police papers / complaint and relied-on documents;
- presence (or lawful exemption) and the right to counsel;
- cross-examination of prosecution witnesses;
- the Section 351 / 313 explanation;
- the right to lead defence evidence;
- a reasoned judgment;
- the presumption of innocence until conviction.
BNSS also recognises electronic presence and electronic evidence more expressly than the CrPC. That does not reduce the duty to test the witness.
CrPC and BNSS: Same Skeleton, New Numbers
| Step | CrPC | BNSS |
| FIR | S. 154 | S. 173 |
| Police report | S. 173 | S. 193 |
| Cognizance | S. 190 | S. 210 |
| Supply of documents | S. 207 | S. 230 |
| Committal | S. 209 | S. 232 |
| Sessions discharge / charge | Ss. 227–228 | Ss. 250–251 |
| Warrant discharge / charge (police report) | Ss. 239–240 | Ss. 262–263 |
| Summons: substance of accusation | S. 251 (no discharge) | S. 274 (discharge if groundless) |
| Statement of accused | S. 313 | S. 351 |
| Judgment | S. 353–354 | S. 392 and chapter-specific sections |
The standard of proof and the limits at the charge stage (no mini-trial) continue. The Supreme Court has said CrPC jurisprudence on discharge and framing of charge still governs the BNSS. What the BNSS adds is timelines, electronic process, a wider summary-trial band, and summons-case discharge.
What “Being on Trial” Means for the Accused
- Attendance dates become regular. Exemption is applied for; it is not assumed.
- A charge fixes the case the accused must meet. An unchallenged, over-broad charge is a problem later.
- Witnesses who are not cross-examined when they should be are hard to repair.
- Compromise and compounding, where the offence allows it, are often cheaper before defence evidence than after judgment.
- Parallel remedies — bail, discharge, quashing, criminal writ — have to be timed so they do not collide with the trial calendar.
Trial advocacy in the Delhi High Court district courts is document-and-witness work. It is not the same skill as drafting a quashing petition, though the two often sit in the same file.
Trial Practice at The Chambers of Tarun Gaur
Advocate Tarun Gaur conducts and supervises criminal trials in Delhi Magistrate courts (Dwarka, Patiala House, Saket, Tis Hazari), Sessions Courts, special courts (including PMLA / CBI-linked matters), and appears in the Delhi High Court against trial-court orders — charge, discharge refusal, interlocutory illegality, conviction appeals and revisions.
Clients whose matter is listed at Dwarka Courts usually want a best criminal lawyer in Dwarka who already appears there on a regular cause list, not counsel encountering that court’s practice directions for the first time on the evidence date.
The work covers:
- Sessions and warrant trials (charge to judgment);
- summons and summary trials, including Section 138 NI Act;
- Section 274 BNSS discharge in summons cases, and CrPC summons cases that still have no Magistrate-level discharge;
- Section 351 / 313 statements and defence evidence;
- appeals and revisions after conviction or acquittal.
That trial-court and High Court combination is the product of practice under Mohit Mathur, Senior Advocate. Advocate Tarun Gaur holds All India Rank 1 in AILET LL.M. (NLU Delhi). People searching for a best criminal lawyer in Delhi, a criminal appeal lawyer in Delhi for what happens if the trial goes wrong, or the Delhi High Court criminal line associated with Mohit Mathur Senior Advocate, are usually asking whether someone will actually try the case — examine the witness, not only file the first petition.
For a stage-specific plan, share the FIR or complaint, the chargesheet if filed, the charge / notice of accusation, and whether the file is under the CrPC or the BNSS. Contact: tarun@tarungaur.in | +91-98715 30801 | tarungaur.in.
Frequently Asked Questions
- When does trial start?
When the court frames a charge, or in a summons/summary case when it states the accusation and proceeds to take evidence — not on the date of the FIR. - Is every criminal case a Sessions trial?
No. Most Magistrate work is warrant, summons, or summary. Only exclusively Sessions-triable offences go to the Court of Session after committal. - Can I be discharged instead of facing trial?
In Sessions and warrant cases, yes, if the statutory test is met. In CrPC summons cases, generally no, after summons. In BNSS summons cases, Section 274 now allows release with the effect of discharge if the accusation is groundless. - Must I lead defence evidence?
No. Many acquittals rest on the prosecution’s failure to prove the charge. Whether to lead evidence is a case-specific call after the 351/313 statement. - What if I plead guilty?
The court may convict on the plea. Sentence still requires a hearing. Guilty-plea advice should be taken before the plea is recorded. - Can the High Court stop a trial?
Yes, in a proper quashing or writ case, or by staying a specific illegal order. It will not try the case as a Magistrate would. - Who should conduct the trial?
Counsel who will be in that court on the evidence dates. At this chamber that work is done by Advocate Tarun Gaur, trained under Senior Advocate Mohit Mathur. - Do I need a different lawyer for trial versus appeal or revision?
Not necessarily. At this chamber, the same counsel who conducts the trial also argues the criminal appeal or revision if the result needs to be challenged, so the record and the argument stay consistent.