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LoneFighter (IT)     29 August 2014

Procedure followed in criminal cases appeal or trial

Lately, i have been trying to learn lot of law related stuff, as part of this watched a few documentaries of which most of them are of US's.

Almost all the cases, they show go for deposition before going to trial. What is deposition. Is it part of Indian legal system as well.

Procedure followed in criminal cases:

Dear Experts, Correct me if i am wrong. Apologies for my limited knowledge. I did my research before posing queries. 

  1. Police complaint and FIR
  2. investigation and charge sheet
  3. Report filed by police , it can be of two types 1) case considered false 2) accused is found guilty.
  4. If case considered false by police, probably Court might allow for appeal, if there is no credible witness or new evidence available. 
  5. If not, case goes for trial, Cross examination of witness and then probably if Accused wants to use his right i.e 313 Cr Pc, he can.
  6. Hearings do happen to adduce credibility to evidence and witness statements by defense.
  7. Prosecution witness cross*xamination by defense if he wants to, Any new witness by defense.
  8. Judgement.

I am sure, i might have missed something. Please mention. How often do accused have to attend court hearings. 


Thanks in advance. 


 5 Replies

LoneFighter (IT)     29 August 2014

Also, is there a way Honorable Judge tries the case, even before trial, like listening to both parties and deciding on the case, whether it should go to appeal or not. 

T. Kalaiselvan, Advocate (Advocate)     01 September 2014

In criminal cases the accused has to attend the court on each and every hearing, however, the courts are lenient to allow their counsels to represent the accused during some unavoidable absence.

LoneFighter (IT)     01 September 2014

@Kalaiselvan Sir: Thanks for the reply. 

Ashok, Advocate (Lawyer at Delhi)     01 September 2014

In Indian context, “deposition” basically or loosely implies statement of a witness before the court. You might have heard or read something like this: “ABC deposed before the court…”.


The sequence of procedure followed in a criminal case is generally as under:


(1)        Filing of a complaint by the informant.

(2)        Registration of FIR by police.

(3)        Investigation by police (this may include arrest of accused).

(4)        On completion of investigation, filing of charge sheet or closure report.

(5)        In case of closure report, the informant / complainant may be given a chance by the court to oppose the closure of the case.

(6)        In case of charge sheet, cognizance is taken by the court (u/S 190 of Cr.P.C.).

(7)        Committal of the case to the Sessions Court (applicable only if the case is triable exclusively by the Sessions Court).

(8)        Framing of charges, or otherwise discharge of accused (if no prima facie case is made out).

(9)        If charges are framed, recording of evidence of prosecution witnesses. This includes their cross-examination by the accused persons.

(10)      Recording of statement of accused under Section 313 Cr.P.C.

(11)      Examination of defence witnesses, if any.

(12)      Final arguments (may be oral as well as written).

(13)      Judgment by the court.



This is only a broad outline of the procedure. There may be many digressions in the above sequence depending upon the complications involved in a case.

1 Like

LoneFighter (IT)     03 September 2014

Thank you Sir.

Thats well illustrated in layman terms. 

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