Criminal Trial Process in Delhi: A Step-by-Step Guide

A criminal case begins with information about a cognizable offence. The police register an FIR under Section 173 BNSS; in non-cognizable matters, or where the police decline to register, the route is a complaint before the Magistrate under Section 175(3) BNSS. For offences punishable between three and seven years, a preliminary enquiry may precede registration.

Investigation follows: statements of witnesses, seizure and recovery, site plans, medical and forensic examination, and notices under Section 35(3) BNSS requiring the suspect to join the investigation. Arrest is not automatic — where a notice is served and complied with, arrest is often avoidable. If arrest does occur, the grounds of arrest must be furnished in writing and the arrested person produced before the Magistrate within twenty-four hours.

This is the stage where the case is really decided. Objections to the arrest memo, the seizure record and the chain of custody have to be recorded on the file now, because they cannot be manufactured at trial. Our bail lawyer in Delhi page sets out how regular, anticipatory and interim bail are run alongside the investigation.

1. First production and remand. The Magistrate examines the legality of arrest, decides police or judicial custody, and passes the first order recording the allegations — an order relied on at every later stage.
2. Bail applications. Regular bail after arrest, anticipatory bail before it, and interim bail in emergencies. A refusal below is followed by the Sessions Court and then the Delhi High Court.
3. Default bail clock. If the charge-sheet is not filed within sixty or ninety days (one hundred and eighty in NDPS commercial-quantity matters), the right to default bail under Section 187 BNSS arises and must be claimed while it subsists.

On completion of investigation the police file a final report — a charge-sheet under Section 193 BNSS where there is evidence, or a closure report where there is not. The Magistrate then takes cognizance, and the accused is entitled to a copy of the charge-sheet and every document the prosecution relies upon.

Two things matter at this appearance. First, whether the documents supplied are complete — case diary extracts, FSL reports, call detail records, bank statements and the list of witnesses. Second, whether the closure report is being accepted; a complainant can protest, and the Magistrate may still summon the accused on a protest petition. Where the charge-sheet itself discloses no offence, a petition to quash under Section 528 BNSS becomes a live option.

The forum is fixed by the First Schedule, not by choice. Offences punishable with up to seven years are tried by a Judicial Magistrate; offences punishable with death, life imprisonment, or more than seven years are exclusively triable by a Court of Sessions and reach it only after committal under Section 232 BNSS.

1. Summons trial (Magistrate). Offences punishable with up to two years. Simplified procedure, no formal charge framed in the same way, and the possibility of a plea of guilty or compounding where the offence permits.
2. Warrant trial (Magistrate). Offences above two years and up to seven. Formal charge under Section 263 BNSS, discharge available under Section 262, and full examination and cross-examination of witnesses.
3. Sessions trial (Court of Sessions). Murder, rape, dacoity, kidnapping for ransom and similar offences. Preceded by committal; charge framed under Section 251 BNSS with discharge available under Section 250; prosecution conducted by a Public Prosecutor.
4. Special Courts. NDPS, PMLA, POCSO, CBI, MCOCA and electricity or commercial statutes route the trial to a designated Special Court, often with modified bail thresholds and procedure.
5. Summary trial. Petty offences disposed of on a condensed record under Section 283 BNSS, with a limited sentencing power.

Whichever forum applies, in North-West Delhi the district court is at the Rohini Court Complex, where our chambers sit. Other matters run at Tis Hazari, Dwarka, Karkardooma, Patiala House and Saket, with appeals and quashing before the Delhi High Court.

At this stage the court reads the charge-sheet and hears both sides on whether there is ground to proceed. The accused can seek discharge; the court does not weigh defence evidence here, so the argument must show that the ingredients of the offence are absent on the prosecution's own material.

If charge is framed, it is read out and the accused is asked to plead. A plea of not guilty sets the case down for prosecution evidence. A plea of guilty can be recorded, and in appropriate cases plea bargaining under Chapter XXIII is available for offences other than those punishable with death, life imprisonment or more than seven years, and other than offences against women and children.

1. Prosecution evidence. Witnesses are examined by the Public Prosecutor and cross-examined by defence counsel. This is the longest phase, and the phase where cases are won — contradictions, omissions, custody-chain gaps and improbabilities are extracted here or not at all.
2. Expert and formal witnesses. FSL, medical and bank officials prove reports and records. Compliance defects in sampling, seizure and certification frequently surface at this point.
3. Statement of the accused under Section 351 BNSS. The court questions the accused on the circumstances appearing against him. There is no oath and no penalty for silence, but the answers become part of the record.
4. Defence evidence. Optional but sometimes decisive — alibi, documents, or defence witnesses. Witnesses can also be recalled under Section 348 BNSS where the court considers it essential to a just decision.
5. Final arguments. Both sides address the evidence as recorded, with written arguments filed in most Delhi courts to structure the submissions and pin the prosecution to specific gaps.
6. Judgment. Acquittal ends the matter subject to appeal by the State. On conviction, a separate hearing on sentence follows, where mitigating circumstances, custody already undergone and probation are argued.
7. Appeal and revision. An appeal against conviction lies to the Sessions Court or the Delhi High Court depending on the trial court, usually filed with an application for bail and suspension of sentence pending appeal.

Realistic timelines: charge-sheet within sixty or ninety days; committal and charge commonly three to eight months; a Magistrate trial with few witnesses one to two years; a Sessions trial two to four years; NDPS, EOW and multi-accused matters longer. Prolonged pre-trial custody with no early prospect of conclusion is itself a recognised ground for bail — covered in our note on what to do if bail is rejected in Delhi courts.

1. Written grounds of arrest, information to a relative or friend, and production before a Magistrate within twenty-four hours.
2. Legal representation of your choice, and free legal aid at State expense where you cannot afford counsel.
3. Free copies of the charge-sheet and every document the prosecution relies upon, before charge is framed.
4. The right to remain silent, and protection against being compelled to be a witness against yourself.
5. The right to cross-examine every prosecution witness, and to have the deposition recorded accurately.
6. The right to lead defence evidence, to summon witnesses, and to seek recall under Section 348 BNSS.
7. A hearing on sentence before punishment is imposed, and a certified copy of the judgment for appeal.
8. Speedy trial as part of Article 21 — the basis for both bail on delay and applications to expedite the trial.