Trial Of Criminal Cases is The criminal case starts with the lodging of FIR under section 154 of the Criminal Procedure Code, 1898. The trial is the judicial adjudication of a person’s guilt or innocence. For the purposes of trial, the offences are divided into two categories in the Criminal Procedure Code, 1898:
Magistrate Trial
Session Trial
Summon Case
Warrant Case
Proceedings are initiated by the Magistrate under section 190 of the Cr.P.C. 1898 which specifically empowers a Magistrate to take cognizance of a case. If the Magistrate finds that the charge against the accused is groundless,
he has the power to discharge the accused by recording reasons.
If the Magistrate has reasons to believe that there is ground to proceed further,
then a charge is framed against the accused which is read and explained to the accused and the accused is asked whether he pleads guilty of the offence or not. If the accused pleads guilty, the Magistrate may convict the accused and proceed further to question the accused about the quantum of sentence.
The Magistrate may thereafter award a sentence. If the accused pleads to be tried,
the magistrate proceeds to examine the witnesses of the prosecution, hearing of prosecution, and examination of the accused.
So, The accused shall also be called upon to enter defence and produce his witnesses if any.