Trials and Appeals, High Court & Supreme Court Cases
The Judicial system of India works in a hierarchy which initiates from Trials in Trial Courts and then the matters move to Appellate Courts, High Courts and The Supreme Court of India (if applicable).
Trial
- In simple words, a trial is a judicial proceeding that aims to hear the parties in litigation, examine all the witnesses and evidences presented before the court, and then delivers the judgement on the merits of the case backed by the arguments of the parties (advocates of the parties) in the litigation.
Mainly, a Trial is Categorised into Two Parts, Civil Trial and Criminal Trial
- Civil Trial: A civil trial in India is a legal process where a civil dispute between two parties is resolved through a court of law.
- The process typically involves several stages, including the filing of a plaint, serving summonses, and the parties' attendance in court.
- The plaint outlines the facts with claims and legal basis for the case, while the defendant responds with an answer and may also file counter-claims.
- The case then proceeds through the discovery stage, where parties gather information and evidence through requests for documents and written questions, as well as depositions of witnesses.
- Motions are also filed to narrow the issues for trial or to win the case based on undisputed evidence and testimony.
- If the case does not settle, it proceeds to trial, where a judge or jury hears the evidence and delivers a judgment.
- If either party is dissatisfied with the outcome, they can appeal to a higher court, or file review or revision as the case may be.
- The specific procedures and stages may vary depending on the type of case and jurisdiction, but the overall goal is to provide a fair and efficient resolution of the dispute.
- Jurisdiction of Civil Trial: The jurisdiction of a civil court in India is governed by the Code of Civil Procedure (CPC). The court's jurisdiction is divided into three aspects: territorial, pecuniary, and over the subject matter.
- Territorial jurisdiction is determined by the location of the immovable property or the defendant's residence or business.
- Pecuniary jurisdiction is based on the value of the suit, with different courts handling suits of varying amounts.
- Subject matter jurisdiction refers to the types of cases that a court is authorized to hear. The court must have jurisdiction to try a suit, and any objection to jurisdiction must be raised in the court of first instance before the issues are settled.
- The jurisdiction of a court is crucial, and any decision made without jurisdiction can be questionable.
- Criminal Trial: A Criminal trials in India is a legal process that initiates either through a complaint presented before the competent court or a charge-sheet presented by police in an FIR.
- In case of a complaint, magistrate can order for inquiry or investigation, and in certain cases like domestic violence, negotiable instrument act (cheque bounce) court itself deals in the matter, in complaint cases, trails are initiated as per the prescribed procedure.
- In case of an FIR, the process begins with the filing of a First Information Report (FIR), a written document containing information about the alleged offense, which is submitted to the local police station. The police then investigate to gather evidence and identify the accused, visiting the crime scene, collecting witness statements, and analysing forensic evidence. If the investigation reveals enough evidence to suggest a person's involvement, the police may make an arrest.
- Once the investigation is complete, the police prepare a charge-sheet, which includes a detailed account of the evidence gathered, the charges against the accused, and the names of witnesses. The charge-sheet is then submitted to the court, forming the basis for the trial.
- The court examines the evidence, takes cognizance and decides which charges to formally bring against the accused, and the accused is informed about the charges and has the opportunity to respond, seeking legal representation for their defence.
- During the trial, the prosecution presents their witnesses, who provide their testimonies under oath, and the defence counsel cross-examines these witnesses to test the credibility of their statements and challenge the evidence presented. Both the prosecution and the defence have a chance to present their evidence and arguments before the court, and the judge carefully considers all the evidence, arguments, and legal aspects of the case before delivering the final verdict.
- If any party is dissatisfied with the judgment, they have the right to challenge it by filing an appeal or revision as the case may be, and higher courts review the case to determine if any errors or miscarriages of justice occurred.
- India follows the adversarial system, where the onus of proof is generally on the State (Prosecution) to prove the case against the accused, excluding the cases of presumption of law i.e. POCSO, dowry death etc. The Code of Criminal Procedure (CrPC), 1973, and the new laws applicable is Bharatiya Nagarik Suraksha Sanhita, 2023 are the primary procedural laws governing criminal trials in India.
- Jurisdiction of Criminal Trial: The jurisdiction of a criminal trial in India is governed by the Code of Criminal Procedure (CrPC)/ Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- There are four types of trails, Sessions Trail, Summon Trial, Warrant Trial, and Summary Trial. Based on the nature of the case, trails are held in Magistrate Court or Court of Sessions.
- The venue of a trial is also crucial, with the trial taking place in the court with territorial jurisdiction over the place where the offence was committed.
- Certain offences where the crime has been committed in different territorial jurisdictions, like, kidnapping, theft, or robbery etc can be tried in any of the territorial jurisdiction.
- Ensuring proper jurisdiction and venue is crucial to ensure a fair trial, protect the rights of the accused, and uphold the rule of law.
- Appellate Jurisdiction: Sessions Court will be the Appellate Jurisdiction for the matters arising out of any order, whether civil or criminal, passed by Magistrate Court situated under its Jurisdiction. It will be the First Appellate authority in those cases.
High Courts in India
- Original Jurisdiction: High courts exercise their original jurisdiction in certain matters, such as those designated by the Constitution, state laws, or union laws. This jurisdiction is used to handle cases that are not within the purview of lower courts. They exercise these jurisdictions under Article 226, 227 and others as provided in the Constitution of India. High Courts have inherent power to exercise in all Writ matters. So it can be concluded that the High Courts have their Original Jurisdictions to entertain Writs as no lower court has the power to exercise into the Writs. High courts have writ jurisdiction, which allows them to issue writs such as Habeas Corpus, Mandamus, Quo Warranto, Certiorari, and Prohibition to ensure that the government and its agencies act in accordance with the law.
- Appellate Jurisdiction: High courts primarily consist of appeals from lower courts, where they review the decisions of these lower courts and can either uphold or reverse them or pass such an order they deems fit.
- For Civil Appeals
- First Appeal can be filed in the High Court against judgments, decrees or final orders of subordinate civil courts (Sessions Court) in their original jurisdiction.
- Second Appeal can be filed in the High Court against judgments, decrees or final orders of subordinate civil courts in their appellate jurisdiction, if the case involves a substantial question of law.
- For Criminal Appeal
- Appeals can be filed in the High Court against order passed by Sessions Courts, in case where the Sessions Court has been the trail court.
- Revisions can be filed in the High Court in such maters where the trail held in magistrate court and the appeal has been filed before the Sessions Court.
- Writs: Writs can be filed in the High Court against orders of Tribunals and other Forums as the case may be.
The Supreme Court of India
- Original Jurisdiction: This jurisdiction is exclusive to the Supreme Court and allows it to hear certain cases directly without any prior lower court decision. The Supreme Court has original jurisdiction in matters such as disputes between the government of India and a state or between two or more states. The Supreme Court has the power to issue writs under Article 32 of the Constitution, which includes writs. The Supreme Court has jurisdiction over the entire country, and its writ jurisdiction extends to all of India.
- Appellate Jurisdiction: In this jurisdiction, the Supreme Court hears appeals arising out from the orders passed by the High Courts. The Supreme Court can review and modify the decisions of High courts, ensuring that the law is applied correctly and consistently. The Supreme Court has the power to grant Special Leave Petitions (SLPs) in cases where it perceives a gross miscarriage of justice.
- Constitutional Matters: Appeals can be made to the Supreme Court if a question of law related to the Constitution of India needs to be decided. A certificate must be granted under Article 134A for such appeals.
- Civil Matters: Appeals can be made to the Supreme Court if the High Court certifies that the case involves a substantial question of law of general importance or that the High Court deems it fit for the Supreme Court to decide the case.
- Special Leave Petition: The Supreme Court has discretionary power to grant special leave to appeal against the order passed by the High Court in any matter originally arising out from any judgment, decree, determination, sentence, or order passed by any court or tribunal in India under Article 136.
- Advisory Jurisdiction: In this jurisdiction, the Supreme Court provides advisory opinions on matters of law or fact referred to it by the President or any other competent authority. The Supreme Court has advisory jurisdiction under Article 143 of the Constitution, where it can provide opinions on matters of public importance at the request of the President of India. These opinions are not binding but are often influential in shaping the legal landscape.
How Can We Help You?
- As legal professionals in India, we play a pivotal role in representing clients during trials by presenting arguments, examining witnesses, and ensuring procedural fairness.
- We draft precise legal documents and guide clients through legal complexities, defending their interests with dedication.
- In appellate courts, we handle revisions, file appeals, and argue cases to seek justice through meticulous legal strategy and advocacy skills.
- Our expertise extends to presenting writ petitions in the High Court and writs and Special Leave Petitions in Supreme Court, aiming to set legal precedents and secure favorable outcomes.
- Overall, we serve as crucial allies, navigating the legal system to protect your rights and achieve your legal goals.
Conclusion
We have a team of expert and seasoned lawyers and advocates who are well versed in taking up all the matters whether it be civil, criminal or any special law. We not just represent our clients before the Trial Courts, we have expertise in preparing and presenting the representations before the Hon’ble High Courts and Supreme Court of India. To know more, contact us.