This article is written by Reshmi Chakraborty, a first-year BBA LL.B student of Army Law College Pune
Overview
Any act or omission that is prohibited by law and can be punishable according to the sections of law is called a crime. A trial is a hearing from both the parties to a dispute, to present the evidences collected in a formal setting to adjudicate the claims.
The tribunal may occur before a judge or jury and it aims to arrive at a resolution to their dispute.
In other words, the trial is a structured process where the facts of a case are presented before a jury and they decide if the defendant is guilty or not guilty of the charge offered.
The Indian judicial system is mainly divided into two branches: civil and criminal. The courts in India are categorised on the basis of their jurisdiction and they enjoy the authority to decide on different types of cases which comes to them.
Trials in Indian courts are mainly of three types: civil trials, criminal trials and constitutional trials. The Indian Judicial System is one of the oldest legal systems in the world. It is one of the many things India inherited from the British Colonial rule. The framework of the current legal system has been laid down by the Indian constitution and the judicial system derives its powers from it. Judiciary is at various levels- different types of courts each with varying powers and jurisdiction. They form an order of hierarchical importance, with the Supreme Court of India being the apex court followed by the High Courts of respective states with District Judges sitting in District Courts and Magistrates of second class and Civil Judge (junior division) at the bottom.
Civil Trials
The civil trials are legal proceedings brought to the courts to resolve the disputes related to contract, tort, property, family or any other matter involving two or more individuals or entities. The parties involved in such matters are either referred to as the plaintiff or the defendant.
The civil court system in India is in a hierarchical manner. At the lowest level are the district courts having jurisdiction over a specific district. The District Court deals with the cases where the disputed amount is up to Rs. 20 lakhs. Above the district courts, there are High Courts that exercise jurisdiction over the entire state or group of states. The high courts deal with the civil cases where the disputed amount is over Rs. 20 lakhs. Finally comes the Supreme Court of India which is the apex court in the country. It hears all the appeals from the High Courts and deals with cases of national importance.
Civil trials have a very well-defined procedure in India, where the first step is filing a plaint by the plaintiff. This plaint should be containing all the relevant facts and it should be containing what relief is sought by the very plaintiff. Once this very plaint is accepted by the respective court, it issues a summon to the defendant against whom the case is filed. The defendant is required to be present before the court and is represented by his legal representative. Although, the word “summon” is not at all defined in the Code of Civil Procedure,1908, but it can be simply defined as a writ which states that a legal action has been initiated against the defendant. Specified dates and times are given and both the parties have to be mandatorily present for the hearings. The court then hears both the parties and gives its judgement on the basis of the evidences produced by both the parties. If the court finds it in favour of the plaintiff, it orders the defendant to pay the damages according to the contract.
Criminal Trials
These are legal proceedings that are brought against a person who is accused of committing a crime. The main objective of a criminal trial is to find out whether the accused is guilty or not guilty of the charges brought against him. The accused is referred to as the defendant and the state becomes the plaintiff in a criminal trial.
The Criminal Law regime in India is regulated by the following statutes:
- The Indian Penal Code, 1860 (hereinafter referred to as IPC)
- The Code of Criminal Procedure,1973 (hereinafter referred to as CrPC)
- The Indian Evidence Act,1872 (hereinafter referred to as Evidence Act)
Criminal trials in India follow a strict procedure. The first step in a criminal trial is the filling of an FIR (First Information Report) by the police. This FIR contains the details of the alleged offense and the identity of the accused. The accused is then arrested and brought before the magistrate who sets a date for the trials.
The trial then proceeds with the examination and cross-examination of the witnesses and the evidences presented in the court. If the accused is found guilty of the said charges, he/she can be imprisoned or fines can be imposed or both.
“Everyone has, in full equality, the right to a fair and public trial by an independent and impartial court, to determine his rights and obligations and any criminal charge against him.”
Constitutional trials
The Indian Constitution is so far the longest written constitution in the world. It is the supreme law of the land and it lays down the framework which confines within the fundamental political code, structure, procedures, powers, and duties of the governmental institutions and sets out the fundamental rights, directive principles and the duties of the citizens of the nation.
Constitutional trials involve those disputes regarding the interpretation or the validity of the Constitution of India. These trials are usually conducted in the Supreme Court of India or the High Courts of the respective states.
We are all aware that speedy trial is the need of the hour. The status quo of trials in India is distressful. The administration of justice to the needy by convicting the guilty and acquitting the innocent is not enough. Speedy trials are basic human rights and they cannot be denied. This has been indorsed in many international charters and conventions as well.
The concept of a fair and speedy trial is undoubtedly the backbone of any judicial system. The trial should be fair to the accused, the victim and the society as a whole.
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