Introduction to Criminal Trial Law

The criminal trial law serves as the backbone of justice, ensuring that criminal cases are adjudicated fairly. It involves a systematic process where legal proceedings take place to determine the guilt or innocence of the accused. The Supreme Court plays a significant role in shaping the legal framework, ensuring that criminal proceedings adhere to constitutional principles.

Key Aspects of a Criminal Trial

A criminal trial is structured to uphold the principles of justice, beginning with the investigation and leading to the final Judgement. The legal process comprises several crucial steps:

1. Filing of Charges: The prosecution formally charges an individual with a crime.
2. Pre-Trial Proceedings: These include preliminary hearings that can be related to Bail of the accused or Cancelation of bail in certain circumstances.
3. Trial Phase: Both prosecution and defense present their arguments before a judge or jury.
4. Final Judgement and Sentencing: The judge determines the accused’s guilt, followed by an appropriate sentence if convicted.

Throughout these stages, the principle of reasonable doubt is pivotal. The prosecution must establish guilt beyond reasonable doubt, ensuring that no individual is wrongfully convicted.

Th law of Trial is covered widely Under Code of Criminal Procedure 1898 of Pakistan. There are following five kinds of trial under CrPC;

1. Trial by Court of Sessions in FIR/Challan case (Section 265A – 265N)
2. Trial by Court of Sessions in private complaint case (Section 200 – 204)
3. Trial by Court of Magistrate in FIR/Challan case (Section 241 – 250)
4. Trial by Court of Magistrate in private complaint case (Section 200 – 204)
5. Summary Trial (Section 260 – 264)

Trial by Court of Sessions in FIR/Challan case (Section 265A – 265N)

Preliminary Stages (Section 154 – 176):

1. After registration of FIR and conclusion of investigation, challan shall be submitted to the Court of Magistrate.
2. Cognizance shall be decided by the area Magistrate (Section 190)
3. If the record discloses commission of offence which is exclusively triable by Court of Sessions e.g; section 302 PPC, the Magistrate shall send up the case to the Sessions Judge of the district.
4. The Sessions Judge may take up the care of himself or may send up the case to any Additional Sessions Judge within the district.
5. The concerned judge shall follow the procedure of trial prescribed in this chapter.
6. The concerned judge shall summon the accused from jail or from his residence, if the accused has been released on bail.

Section 265A:

The Public Prosecutor shall conduct the proceedings on behalf of the state.

Section 265B:

The Court of Sessions shall observe the procedure prescribed in this chapter.

Supply of copies:

According to Section 265c, CrPC the court shall provide the copies to each accused on his appearance before the court. It is duty of the court. These copies shall be provided free of cost. The court is bound to provide 7 clear days (minimum) to the accused to prepare his case (defence). The accused may defend himself personally or through counsel.

List of documents:

Following documents shall be provided by the court;

• FIR
• Police Report (Section 173)
• Statements recorded under section 161 CrPC
• First inspection of notes prepared by the Investigating Officer at his first visit on place of occurrence
• If statement under section 164 CrPC has been recorded, it shall be provided

Note: In the interest of public, if the court considers that some statement or its part may not be provided to the accused, court may omit such part or statement but speaking order shall be passed.

The purpose of section 265C CrPC is to enable the accused person to defend himself from the allegation levelled by the prosecution.

Framing of Charge:

Under Section 265D the Court shall peruse the police report and all other documents and statements of witnesses recorded during investigation. If the court is of the opinion that there are sufficient grounds for proceeding, court shall frame the charge against the accused. The charge shall be in writing and it shall be framed according to sections 221 – 240 CrPC. Framing of charge is duty of the court and without framing the charge, trial cannot be continued.

Plea of the accused:

Under Section 265E the charge shall be read over and explained to the accused by the court. The court shall ask the answer of the accused. The court shall ask two points specifically.

1. Whether you plead guilty or not?
2. Whether you have any defence to say or make?

If the accused pleads guilty, the court shall record the plea. It tantamounts to confession and the court may convict him then and there on such basis.

Accused may deny the charge. If the court prefers not to convict the accused at this stage after his confession or denial of the charge, the court shall issue direction to the prosecution that charge shall be proved by the prosecution.

Evidence of the Prosecution (Section 265F):

Recording of Evidence:

The court shall issue summons to prosecution for evidence. The prosecution shall produce the complaint and other witnesses according to the list provided under section 173 CrPC. The evidence of the witnesses shall be recorded according to Law of Evidence (Article 130 – 140, Qanoon-e-Shahadat-Order 1984).

Particulars of the witnesses shall be written. His identity shall be ensured. Oath shall be taken. Examination in chief shall be recorded and opportunity for cross examination shall also be provided. It is choice of the defence, whether cross examination shall be conducted or not. Case maybe adjourned on any reasonable grounds.

The prosecution may give up any witness from the calendar (list) on following reasons;

1. Being unnecessary
2. Being not available
3. Being won over by the accused

The prosecution evidence shall be closed.

Note: Additional evidence maybe recorded at any stage of the trial, after availing the due process of law on the application of either party to the case or suo moto in its own motion. The court shall pass a reasoned order in this regard in interest of justice. Irrelevant, unnecessary and vexatious applications shall be dismissed. In this regard procedure of section 540 CrPC shall be observed.

Statement of accused:

After completion of above referred process, the court shall record the statement of accused. Such statement shall be recorded without oath. Every piece of evidence shall be put in question form and answer of the accused shall be recorded. In this regard, procedure of section 342 CrPC shall be followed.

The court shall ask whether accused wants to produce defence. The court shall also ask the accused that whether he wants to make a statement. If the accused wants to make his statement on oath, the procedure of section 340(2) CrPC shall be followed and this statement shall be subject to cross examination by the prosecution. The accused may produce defence evidence (oral or in writing).

Note: If the accused wants to produce defence evidence, reasonable time shall be provided and if accused requests to the court that referred defence evidence is necessary in the interest of justice but production of such evidence is beyond his control, the court shall issue the process of summoning of such evidence just like prosecution evidence.

Defence evidence shall be closed.

Summing up the case (Section 265G):

It is commonly known as final arguments. If defence evidence has been provided in the case, the accused shall sum up the case first and prosecution will rebut the case. Otherwise prosecution has preferred right.

Judgement (Section 265H):

Reasoned judgement shall be pronounced in writing. Conviction or acquittal shall be pronounced. If convicted, penal provision and quantum of sentence shall be mentioned.

Previous Conviction (Section 265I):

Previous conviction maybe referred.

Statements under section 164 CrPC:

Under Section 265J of CrPC statement under section 164 shall be referred if it is already on record.

Pre-Trial Acquittal (Section 265K):

The court may at any stage of the case, acquit the accused person (any or all), if the court considers that there is no probability of conviction, after the complete trial. The court shall hear all the parties. “At any stage” means from the stage of taking cognizance till pronouncement of final judgement.

Timing and Place of sitting (Section 265L/M/N):

Place of sitting and timing of the court shall also be mentioned.

Trial by Court of Sessions in private complaint case/استغاثہ (Section 200 – 204):

Reasons to file private complaint case:

1. The victim party (complainant) is not inclined to register the FIR or police is not inclined to register the FIR.
2. The victim party is not satisfied with the contents of FIR.
3. The victim party is not satisfied with the progress of investigation. For example, wrong statement of witnesses.
4. The victim party is not satisfied with the conclusion of the investigation.

Criminal Law provides opportunity to such party for filing of his case directly to the criminal court. The procedure is known as filing of private complaint case. Section 200 – 204 CrPC prescribes such procedure and its requirements.

Requirements:

Private complaint shall be in writing. It shall be filed before the court of Area Magistrate. It maybe filed in person or through counsel. Necessary documents shall be attached and it is choice of the complainant. List of witnesses shall be attached. Gist of the evidence shall be written pertaining to the every witness.

Contents:

• Title of the court
• Particulars of the complainant
• Particulars of the accused
• Gist of the allegation
• Reason to file private complaint
• Prayer

The Magistrate shall examine the contents of complaint and attached documents. The Magistrate shall decide the cognizance without recording the evidence. If the private complaint discloses the offence which is exclusively triable by Court of Sessions, the Magistrate shall send the case to the Sessions Judge of the District. For example, section 302 PPC. The Sessions Judge may assume the jurisdiction himself or may mark this case to any Additional Sessions Judge within the district.

Preliminary Evidence:

The Court of Sessions shall record preliminary evidence of the complainant and other witnesses, which means, recording of examination-in-chief on oath. This evidence is also known as cursory evidence (سرسری شہادت).  This evidence maybe recorded on single date or maybe on different dates. Cursory evidence maybe recorded by Court of Sessions itself or Court of Sessions may send the file to any of its subordinate magistrates for such purpose. It maybe done partly. In such case the Magistrate shall record the cursory evidence and shall send back the file to the Court of Sessions. This process is technically known as inquiry in private complaint case.

The purpose of the procedure is making prima facie case by the complainant. The complainant shall argue the case, the prima facie case for further case has been made out by him. The court shall pass a speaking order in following terms;

1. Private complaint is dismissed at this stage if prima facie case has not been made out.
2. Prima facie case has been made out against the accused persons, so it is accepted for further proceedings.
3. It may be accepted partly.

All such orders maybe challenged through criminal revision.

If private complaint has been accepted at this stage, the court shall issue the following directions;

• The accused shall be summoned.
• Accused shall appear before the court on the next date of hearing and shall submit surety bonds for future appearance.
• The complainant shall submit copies of the record of private complaint within 3 days of such order. The propose of these copies is supply of copies to the accused on his appearance. These copies shall be equal to the number of summoned accused persons.

The further procedure of the trial shall be same as mentioned in sections 265A – 265N CrPC which includes supply of copies, framing of charge, recording of evidence, statement of accused, defence’s evidence, final arguments and judgement.

Filing of both Challan and Private Complaint case on same occurrence:

If challan and private complaint case have been submitted before the court pertaining to the same occurrence, following principles shall be observed;

1. Both cases shall be consolidated.
2. Joinder of charges shall be preferred.
3. If set of the accused is same in both cases, single trial shall be conducted and single judgement shall be pronounced. In such cases evidence in private complaint case shall be recorded first and remaining witnesses of challan shall be recorded as Court Witnesses (CN) subject to cross examination by all parties.

If set of accused is different in both cases, separate trials shall be conducted and separate judgements shall be passed.

Trial by Court of Magistrate in FIR/Challan case (Section 241A – 250):

If the challan describes that offence is triable by the Magistrate himself, for example, theft or fraud case, the Magistrate shall proceed under this chapter.

Section 241A:

Copies of documents shall be supplied by the court to the accused free of cost.

Section 242:

Charge shall be framed and plea of the accused shall be recorded.

Section 243:

The accused maybe convicted, if he pleads guilty or if he denies the charge, further process shall be started.

Section 244:

1. Evidence shall be recorded.
2. Statement of accused shall be recorded.
3. Defence evidence maybe recorded.

Section 245:

Reasoned judgment shall be passed. Accused maybe acquitted or convicted. If convicted, quantum of sentence shall be mentioned.

Section 249:

Case maybe adjourned Sine Die and accused shall be released.

Section 249A:

Pre-trial acquittal is allowed.

Section 250:

If case has been found false, penalty maybe imposed in complainant of Rs. 25000/- maximum.

Comparative Analysis:

1. No sending up in magisterial trial.
2. No summing up in magisterial trial.
3. No compensation in Sessions trial.
4. No provision of Sine Die in Sessions trial.

Trial by Magistrate in Private Complaint Case (Section 200 – 204):

The procedure is same as it was by Court of Sessions like it shall be in writing, jurisdiction by Magistrate himself, cursory evidence, prima facie case, summoning, further procedure in sections 241A – 250 CrPC with following additional points;

Section 247:

1. If the complainant is absent, private complaint maybe dismissed by the Magistrate.
2. Case maybe adjourned on any particular reason.

Section 248:

Private complaint maybe withdrawn at any stage of the case by the complainant before pronouncement of final order. If it has been withdrawn before summoning of the accused, it maybe refiled. If accused has been summoned and the complainant withdraw the private complaint, it shall be deemed as acquittal and cannot be refiled. There is no limitation period for filing of every private complaint. However, unexplained delay makes it doubtful.

Summary Trial (Section 260 – 264):

Speedy trial for quick disposal of cases. Evidence is not recorded. Whoever the Magistrate make a memorandum of gist of the case. No charge is framed. Object is to save the time and expense of both the state and the accused. Complicated cases of title or property and cases of public servant cannot be tried under this chapter.

Magistrate First Class may conduct the summary trial according to the list provided under section 260 CrPC. Magistrate Second and Third Class may conduct the summary trial according to the list provided under section 261 CrPC.

Section 263:

If the case is not appealable, following pattern shall be followed;

• Serial number of the case
• Date of offence
• Date of report of police
• Name of the complainant
• Offences
• Plea of the accused
• Finding of the court
• Sentence (if any)

Section 264:

If the case is appealable following pattern shall be followed;

• Gist of the evidence
• Sections
• Sentence (if any)

Provincial Government shall maintain the record. Summary powers are always delegated by the Provincial Government.

Conclusion

Understanding the criminal trial law is essential for recognizing how justice is administered. The legal framework ensures that criminal cases are handled with due process, maintaining fairness and legal integrity. With the Supreme Court overseeing judicial standards, the law continues to evolve, safeguarding justice for all individuals.