Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:

Arrange the distinct stages of criminal trial in ascending order of their occurrence

(A) Defence evidence
(B) Framing of charge
(C) Recording of prosecution evidence
(D) Final arguments
(E) Statement of accused

Choose the correct answer from the options given below:

Options:

(B), (C), (E), (A), (D)

(E), (A), (D), (C), (B)

(C), (E), (B), (A), (D)

(A), (D), (C), (E), (B)

Correct Answer:

(B), (C), (E), (A), (D)

Explanation:

The correct answer is Option (1) → (B), (C), (E), (A), (D)

(B) Framing of charge: This is the beginning of a trial. At this stage, the judge is required to weigh the evidence gathered by the police during investigation to ascertain whether or not a prima facie (on the face of the record) case against the accused has been made out. In case the material placed before the court is sufficient, the court frames the charge and proceeds with the trial. If, on the contrary, the judge considers the materials insufficient for proceeding against the accused, the judge discharges the accused and records reasons for doing so. The charge is read over and explained to the accused who may plead guilty or not-guilty. If the accused pleads guilty, the judge shall record the plea and may convict him. If the accused pleads not guilty and claims trial, then trial begins.

(C) Recording of prosecution evidence : After the charge is framed, the prosecution is asked to examine its witnesses before the court. This is called examination-in-chief. The accused has a right to cross-examine all the witnesses presented by the prosecution. 

(E) Statement of accused : The court has powers to examine the accused at any stage of inquiry or trial for the purpose of eliciting any explanation against incriminating circumstances appearing before it. However, it is mandatory for the court to question the accused after examining the evidence of the prosecution if it incriminates the accused. This examination is without oath and before the accused enters a defence. The purpose of this examination is to give the accused a reasonable opportunity to explain incriminating facts and circumstances in the case.

(A) Defence evidence : If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and defence, the judge considers that there is no evidence that the accused has committed the offence, the judge is required to record the order of acquittal. However, when the accused is not acquitted for absence of evidence, a defence must be entered and evidence adduced in its support. For this purpose, the defence may examine witnesses including the accused. The witnesses produced by the defence are cross-examined by the prosecution.

(D) Final arguments :
This is the final stage of the trial. The provisions of the CrPC provide that when examination of the witnesses for the defence (if any) is complete, the prosecutor shall sum up the prosecution case and the accused is entitled to reply. These are the final arguments.