How Criminal Trial Works in India

To understand how a criminal trial actually works in real life, imagine a case involving industrial safety negligence. A factory owner in Nangloi is charged after a boiler explosion in his factory kills a worker. Let’s walk through the stages of this trial.

Stage 1: Reporting the Crime and Investigation

The police file a report called an FIR under Section 106 of the BNS (causing death by negligence) right after the accident.

The police officer investigating the case goes to the factory, looks at the damaged boiler parts, gets reports from experts, and talks to other workers who saw what happened.All this information is collected over 90 days.Then, the officer writes a formal report called a Chargesheet and sends it to a Metropolitan Magistrate.

Stage 2: Accepting the Case and Giving the Evidence

The judge looks at the Chargesheet to decide if there’s a real case.

The court gives a complete copy of the report, witness statements, and photos to the accused factory owner. This allows his lawyer to plan his defence.

Stage 3: Arguing about the Charges

The judge listens to both the prosecutor and the defence lawyer.

The defence might ask the judge to drop the case, saying there's not enough proof to try the owner. If the judge thinks there's enough evidence, he will formally charge the owner, like saying, “You are being tried for criminal negligence under Section 106 of BNS.” The accused then says he is “not guilty” and asks for a trial.

Stage 4: The Prosecution Presents Evidence

The state has to prove the case.

The prosecutor calls people like the expert who checked the boiler and other workers who were there. These witnesses tell their story in court. The defense lawyer then asks these witnesses questions to find any mistakes, lies or missing information. For example, the lawyer might show that the boiler was checked recently or that the worker didn’t follow safety rules.

Stage 5: The Accused Speaks

After the prosecution finishes, the judge asks the accused directly, without making him swear an oath.

This gives the accused a chance to explain the evidence against him in his own words.

Stage 6: The Defence Presents Evidence

The defence lawyer can call their own witnesses or show documents to prove the owner is not guilty.

For example, they might bring in a mechanic who says the explosion was from an electrical issue, not poor maintenance.

Stage 7: Final Talks and the Judge’s Decision

Both sides give their final arguments, using the evidence and past court decisions to support their case.

The judge then decides if the owner is guilty or not. If the state proves the owner was negligent, the judge will convict and decide on a punishment. If the state doesn’t prove it clearly, the owner is found innocent and released.

Important Realities to Know

During the trial, the accused does not have to stay in jail.

Most people get bail and go home while the case is going on.In some cases, a criminal charge can be settled with the victim’s agreement—called compounding.But serious cases like workplace deaths or big fraud can’t be settled and must be tried fully in court.

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