WHAT IS A TRAIL IN LAW?

A judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action are called a trial. Trial commencement is nothing but a coming together of parties to a dispute to present information in the form of evidence in a tribunal, a formal setting with authority to adjudicate claims or disputes. 

The purpose of a trial is to secure fair and impartial administration of justice between the parties to the action. A trial seeks to ascertain the truth of the issues between the parties and apply the laws to those matters. In other words, the trial is a judicial examination of issues of fact or law to determine the rights of the parties involved. 

Also, a trial provides a final legal determination of the dispute between the parties. Basically, the main two types of trials can be divided by the type of dispute at issue: civil trials and criminal trials. Civil trials resolve civil actions, which are brought to enforce, redress, or protect private rights. In general, we can say that all types of actions other than criminal actions come under civil trials. 

A criminal trial is designed to resolve accusations brought (usually by a government) against a person accused of a crime. In a criminal trial, a person charged with a crime is found guilty or not guilty and sentenced. The government brings a criminal action on behalf of citizens to punish an infringement of criminal laws. 

The other types of trials are jury trial, bench trial and court trial. Where the trial is held before a group of members of the community, it is called a jury trial. In a bench trial, the trial is held solely before a judge. A court trial is a trial when all the facts of a case are heard, and a judge and jury make the final decision about the court case. 

In India, everyone has been provided with the right to a free and fair trial. However, fair trial not only means that the justice should be delivered as soon as possible, but it also states, as laid down in the case of Zahira Habibullah Sheikh & Anr vs the State of Gujarat, that “the principle of fair trial represents that the justice has been done without any biases, a trial has been taken in front of an unprejudiced judge and the persons related to the case were given fair opportunities to put their point forward in the case.” 

There is always a gap of harmony between the accused and the society; however, the judge in such situations should always apply his own conscience in the case and decide in accordance with the legality of the facts and circumstances. The concept of fair trial has a vast scope, and it is also a subjective concept that cannot be limited to the different laws and rulings mentioned in the legal system; every person has a right to a fair trial which has changed over time, and the Courts have also increased the extent related to the concept of a fair trial.

Thus, the germane of this article has covered some of the important aspects related to the concept of ‘trial’, which for a person, in general, is quite essential to learn and know. In India, the criminal justice system has seen radical changes in the various offences, punishments. As time passes, more concepts will be explored and will definitely be added to it.       

Found this interesting? Find more such legal jargon simplified for you in Rest The Case’s Know The Law section. 

About The Author:

Adv. Ashutosh Paliwal is a corporate lawyer with extensive experience in advising companies on a wide range of business transactions, regulatory compliance, and corporate governance matters. He specializes in contract negotiations and corporate structuring, with a proven track record of delivering strategic legal counsel to production houses, celebrities, athletes, talent management companies, multinational corporations, startups, and private equity firms.