Indian Court procedure for layman & beginners

This article is to understand the how our indian judicial process works in general and to understand the legal concept who have recently joined the profession.

The process of court

CIVIL

•  Preparing PLAINT (in duplicate) along with Verifying affidavit, valuation slip, vakalatnama, list of documents, Interim Application(IA), process, copies for the other side.

• Filing of plaint before CMO (Sherestedar) – paying court fee & process

• After numbering, the file will come before the court.

• Hearing on IA no.1 (if any IA filed)
• If IA is allowed, comply with the order. [compliance is sending IA copy to the other side by Reg. Post and filing affidavit to that effect in the court]

• On every interim application there will be stages as follows IA by either of the party – objection by the other side – hearing – order on IA

• Or the court will issues notice/summons to other side.

• Return of notice
• If other side appears they will file vakalat or they will be placed ex-parte.

• If notice is not served to the other side Steps to reissue the summons to be taken by filing process.

• Written statement - If the other side appears It will be posted for Written statement of defendants

• Issues – after filling of W.S the court will frame issues.

• Evidence – after issues, evidence of plaintiff (PW) by way of filing affidavit and exhibiting the documents

• Cross examination – Cross examination of plaintiff

• Evidence – evidence of defendant by way of filing affidavit and exhibiting the documents

• Cross examination – cross examination of defendant.

• Argument – argument by plaintiff

• Argument – argument by defendant

• JUDGEMENT

CRIMINAL

• FIR – complaint to police - register FIR.

• INVESTIGATION – on investigation they arrest accused

• Produce – accused will be produced before the Magistrate

• Bail – application for bail is to be filed

(if bailable u/s 436, non bailable u/s 437 before Magistrate)

• Objection – APP will file objections

• Hearing – court will hear the matter

• Order – Order on bail

• Final Report – the police will file Final Report i.e. Charge sheet

[if the offences are triable by sessions court, the court will commit the matter to the sessions court]

• HBC – court will hear the matter before charge

• Charge – Charges framed by the court. Read over to the accused and ask them whether they are guilty. If the accused denies the guilt then it will be posted for trial.

• Trail – court will issue summons to the Witnesses for trial

•  Examination in chief -  chief examination of witnesses by APP

•  Cross examination – Cross examination by Adv. for accused.

• 313 statement – read over by judge to the accused.

• Argument – arguments by both sides

• JUDGEMENT

• If in FIR offences alleged are exclusively triable by Sessions Court then a separate Criminal Misc is to be filed before the Sessions court for bail.

• Criminal Misc – Criminal Misc petition for bail is to be filed before sessions court along with certified copy of FIR & complaint.

• Notice to PP – Court will issue notice to PP

• Objections – PP will file objections

• Hearing – court will hear the matter

• Order – order on bail.

After filing of the charge sheet the lower court will commit the matter to Sessions court and session court will after framing the charges, fix the dates for trial and same procedure of evidence will be followed.