Court Procedure in India

A. Civil Procedure (Code of Civil Procedure, 1908 - CPC)

1. Institution of Suit

• The plaintiff files a plaint (written statement of facts and relief sought) in the appropriate court.
• Court checks jurisdiction - territorial, pecuniary, and subject-matter.
• Court fee is paid on the plaint.

2. Summons to Defendant

• The court issues summons to the defendant to appear and answer the claim.
• Summons can be served personally, by post, or through substituted service.

3. Written Statement

• The defendant files a written statement within 30 days (extendable to 90 days) denying or admitting the claims.
• Defendant may also raise a counterclaim.

4. Framing of Issues

• The court identifies issues of fact and law in dispute - these become the questions to be decided at trial.

5. Discovery and Inspection

• Parties may seek discovery of documents from each other.
• Documents are produced and inspected before trial.

6. Evidence

• Each party produces oral evidence (examination-in-chief, cross-examination, re-examination) and documentary evidence.
• Examination-in-chief is typically filed by affidavit.

7. Arguments

• After evidence is concluded, both sides make oral or written arguments.

8. Judgment and Decree

• The court delivers a judgment (reasoned decision).
• A decree is then drawn up - it is the formal expression of the court's adjudication.
• A decree may be preliminary or final.

9. Execution

• If the decree is not complied with, the decree-holder files an execution petition to enforce it (e.g., attachment of property, arrest of judgment-debtor).

10. Appeals

• First appeal lies to the District Court or High Court on facts and law.
• Second appeal to the High Court on a substantial question of law.
• Special Leave Petition (SLP) to the Supreme Court under Article 136 of the Constitution.

B. Criminal Procedure (Bharatiya Nagarik Suraksha Sanhita, 2023 - BNSS / formerly CrPC 1973)

Note: The BNSS replaced the Code of Criminal Procedure (CrPC), 1973 and came into force on July 1, 2024.

1. First Information Report (FIR)

• A cognizable offence is reported to the police, who register an FIR under Section 173 BNSS.
• For non-cognizable offences, police require a magistrate's order to investigate.

2. Investigation

• Police conduct an investigation - collecting evidence, examining witnesses, making arrests if necessary.
• A charge sheet (police report) is filed in court upon completion.

3. Cognizance

• The Magistrate takes cognizance of the offence on the police report or a private complaint.

4. Appearance of Accused / Bail

• The accused is produced before the court.
• The court considers bail (regular, anticipatory, or interim).

5. Committal (for Sessions cases)

• If the offence is exclusively triable by the Sessions Court, the Magistrate commits (sends) the case to the Sessions Court.

6. Framing of Charges

• The court frames charges against the accused after hearing both sides.
• The accused pleads guilty or not guilty.

7. Prosecution Evidence

• The prosecution examines its witnesses (examination-in-chief).
• The defence cross-examines each witness.
• Documents are exhibited.

8. Statement of Accused (Section 351 BNSS)

• The accused is given an opportunity to explain incriminating evidence without being sworn in - cannot be cross-examined.

9. Defence Evidence

• The accused may lead evidence in defence (witnesses, documents).

10. Arguments

• Both prosecution and defence make final arguments.

11. Judgment

• The court delivers a judgment of conviction or acquittal.
• If convicted, sentence is imposed after hearing the accused on sentencing.

12. Appeals

• Appeals from Magistrate's courts go to the Sessions Court.
• Appeals from Sessions Court go to the High Court.
• Further appeals / SLPs go to the Supreme Court.

Key Differences: Civil vs Criminal

Court Hierarchy in India

Supreme Court of India
        |
High Courts (28 in each state/group)
        |
District & Sessions Courts
        |
Civil Judge / Judicial Magistrate (First/Second Class)
        |
Executive Magistrates / Small Causes Courts