Criminal & Cyber Law
Criminal Trial – District Courts
Defence at trial before the Magistrate and Sessions Courts, from framing of charge to judgment.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Criminal trials take place before a Magistrate or, for serious offences, a Sessions Court. After the chargesheet, the court hears the parties on whether a charge should be framed or the accused discharged. If a charge is framed, the prosecution leads its evidence and the defence cross-examines its witnesses. The accused is then questioned by the court about the evidence, may lead defence evidence, and both sides argue before judgment. The prosecution must prove its case beyond reasonable doubt. How long a trial takes depends on the facts and the court.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
What are the stages of a criminal trial?
Chargesheet, hearing on charge or discharge, framing of charge, prosecution evidence with cross-examination, questioning of the accused by the court, defence evidence, final arguments and judgment.
Who has to prove what?
The prosecution has to prove the charge beyond reasonable doubt. The accused does not have to prove innocence, although some laws place specific burdens on the accused for particular facts.
Can I get legal aid if I cannot afford an advocate?
Yes. Under Article 39A of the Constitution and the Legal Services Authorities Act, 1987, an accused who cannot afford an advocate can ask the court or the District Legal Services Authority for one.
What happens after the judgment?
If convicted, the court hears the accused on sentence. Either side may appeal within the time the law allows. If acquitted, the State or the complainant may also appeal in some cases.
Attorneys Handling This Service
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