INTRODUCTION
The Indian legal system is a complex and diverse system, with numerous kinds of trials that take place in Indian courts. In this article, we will discuss the different kinds of trials that take place in Indian courts.
1. Civil Trials
Civil trials are those trials that are related to civil disputes between individuals or organizations. These trials can be about property disputes, breach of contract, or any other kind of legal dispute that does not involve criminal charges.
The procedure for civil trials is governed by the Code of Civil Procedure, 1908. In civil trials, the plaintiff has to file a written complaint or a suit in the appropriate court. The defendant then has to file a written reply to the complaint. The court then hears the case, takes evidence from both sides, and makes a judgment.
2. Criminal Trials
Criminal trials are those trials that are related to criminal offenses. These trials are about violations of criminal law and are prosecuted by the state. Criminal trials can be about crimes like murder, theft, rape, or any other crime that is punishable under the Indian Penal Code.
The procedure for criminal trials is governed by the Code of Criminal Procedure, 1973. In criminal trials, the state or the complainant has to file a complaint in the appropriate court. The court then hears the case, takes evidence from both sides, and makes a judgment.
3. Sessions Trials
Sessions trials are those criminal trials that take place in sessions courts.
These trials are about serious criminal offenses like murder, rape, or robbery, which are punishable by life imprisonment or death. Sessions trials are conducted by a judge who is called the Sessions Judge.
In sessions trials, the evidence is recorded in the presence of the accused, and the accused has the right to cross-examine the witnesses. After the evidence is recorded, the judge hears the arguments of both sides and gives a judgment.
4. Warrant Trials
Warrant trials are those trials that take place when a person is arrested under a warrant. These trials are conducted by a magistrate, and the accused has to be produced before the magistrate within 24 hours of the arrest.
In warrant trials, the magistrate hears the evidence presented by the prosecution and the accused, and then gives a judgment.
5. Summary Trials
Summary trials are those trials that are conducted for minor offenses. These trials are conducted by a magistrate, and the punishment for these offenses is usually a fine or imprisonment for a short period.
In summary trials, the evidence is recorded, and the judgment is given immediately after the hearing.
6. Petty Offense Trials
Petty offense trials are those trials that are conducted for minor offenses like traffic violations or public nuisances. These trials are conducted by a magistrate, and the punishment for these offenses is usually a fine.
In petty offense trials, the evidence is recorded, and the judgment is given immediately after the hearing.
7. Special Trials
Special trials are those trials that are conducted under special laws or special procedures. These trials can be about offenses like terrorism, money laundering, or corruption.
In special trials, the evidence is recorded, and the judgment is given after the hearing.
8. Juvenile Trials
Juvenile trials are those trials that are conducted for offenses committed by juveniles. These trials are conducted by a Juvenile Justice Board, which is a special court set up for this purpose.
In juvenile trials, the accused is treated as a juvenile, and the trial is conducted in a closed courtroom. The evidence is recorded, and the judgment is given after the hearing.
Conclusion
The Indian legal system has numerous kinds of trials that take place in Indian courts. These trials are governed by different laws and procedures, and it is essential to understand them to ensure that justice is served.
REFERENCE
- INDIAN KANOON
- WIKKIPEDIA
This article is written by OM PRAKASH TIWARI , a first year student of FIMT, GGSIPU ,NEW DELHI
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