CYBERCRIME TRIAL STAGES IN CRIMINAL COURT UNDER BNSS/CrPc



Cyber Crime: Stages of Trial in Court


The cybercrime criminal trial in India generally consists of three main stages: pre-trial stage, trial stage, and post-trial stage, which includes steps like filing a First Information Report (FIR), police investigation, charge sheet submission, framing of charges, examination of witnesses, presentation of evidence, closing arguments, and finally, the judgment and potential appeals.

There are four types of Trials under the ‘Bhartiya Nagrik Surksha Sanhita 2023’ (BNSS):

1. Summons Trial

2. Warrant Trial

I. Cases instituted on police report

II. Cases instituted otherwise than on police report

3. Session Trial

4. Summary Trial


1. Filing a Complaint


2. Investigation

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3. Framing of Charges

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4. Trial Proceedings

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5. Judgment

This is the final stage of trial where both parties, after proper evaluation of statements, evidence, and testimony of witnesses, put their case before the Court, through oral arguments. Based on the arguments and the material evidence on record, the judge will pronounce if the accused is convicted or acquitted of the charges leveled against them. If the judge convicts the accused, then he will have to hear the accused on the quantum of the judgment under Section 401 of BNSS as to what shall be the period of him serving the term for the offence committed by him and on hearing the accused, the judge will pass a detailed judgment, recording all the reasons as to why, the accused shall be punished for the offence.

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6. Appeal

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7. Execution of Sentence

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Key Points to Remember


Conclusion

The stages of a cybercrime trial in India are meticulously structured under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS). From filing an FIR to executing the sentence, each stage ensures that justice is served while addressing the unique challenges posed by digital offenses. By understanding these stages and the relevant legal provisions, victims, defendants, and legal professionals can navigate the system more effectively.