Criminal Trials

A criminal case is decided long before the final arguments. What the police record in the first weeks, what a witness says in a statement, and what is argued at the stage of charge shape the trial that follows. Amarjeet Yadav has spent twenty years in the trial courts of Gurugram, and takes up a matter at whatever stage it reaches him by reading every page on record.

What the work covers

• Investigation. Notices from the police, joining the investigation, statements, and protection against coercive action.
• Charge. Arguments on charge and discharge, and challenges to summoning orders.
• Trial. Cross-examination of prosecution witnesses, defence evidence and final arguments.
• Appeals and revisions. Appeals against conviction, revisions, and suspension of sentence before the Sessions Court and the High Court.

How a trial runs

1. Police report (charge sheet) filed and supplied to the accused.
2. Arguments on charge: the court decides whether there is a case to try.
3. Prosecution evidence: each witness is examined and cross-examined.
4. Statement of the accused, and defence evidence if any.
5. Final arguments and judgment.

Questions people ask

I have received a notice from the police. Do I have to go?

A notice to join the investigation has to be answered. What matters is how: with what papers, and with what protection if arrest is a real risk. Speak to a lawyer before the date on the notice.

Can a criminal case be settled?

Some offences can be compounded between the parties, with or without the court’s permission. Others cannot, though the High Court can quash many of them after a genuine settlement. Which category a case falls in depends on the sections in the FIR.

How long does a trial take in Gurugram?

It depends on the number of witnesses and the court’s list. Preparing every witness’s cross-examination in advance is what keeps a trial from dragging.