Process Of Criminal Trial In India

Advocate Devji K Sankhat, Harivandana College Rajkot

[1] INTRODUCTION

A trial in court is a formal legal proceeding where parties present evidence, arguments, and witnesses to prove their case before a judge or jury. The purpose of a trial is to determine the facts of the case, apply the relevant laws, and render a judgment or verdict based on the evidence presented. “Lex uno ore omnes alloquitur” which means that everyone is equal before the eyes of the law which is an important principle which forms the basis of judicial proceedings across the world.

[2] CONCEPT OF A TRIAL

A trial is a legal proceeding in which parties present evidence, arguments, and witnesses before a judge or jury to resolve a dispute or determine the guilt or innocence of a defendant in a criminal case. The concept of a trial is fundamental to the judicial system and serves as a mechanism for resolving legal disputes and administering justice. Key aspects of the concept of a trial include:

[2.1]  Adversarial Nature: Trials are often adversarial in nature, meaning that opposing parties (such as the prosecution and defense in a criminal trial, or the plaintiff and defendant in a civil trial) present competing arguments and evidence to support their respective positions.

[2.2]  Due Process: Trials are conducted in accordance with principles of due process, ensuring that all parties have a fair opportunity to present their case, confront witnesses, and challenge evidence. This includes the right to legal representation, the right to be heard, and the right to a fair and impartial tribunal.