According to the Code of Criminal Procedure, the first step of a criminal law process begins with the filing of FIR. Whereas, if we confine our analysis of the judicial process solely to the trial, then it begins with the Magistrate receiving the complaint and taking cognizance of the case under Section 190 of CrPC. In criminal law, cognizable cases and non-cognizable cases are treated differently. There is also a provision for bail which can prevent the accused from being confined in a custody. The trial processes are segregated into separate sections in the code under the headings of Sessions Court, warrant cases (on police report and otherwise than on police report), summons cases and summary trials. The process begins with the prosecution opening the case by bringing the accused and stating the case and witnesses in brief. If the court finds the accused innocent, the accused may be discharged immediately or else the trial shall continue with the framing of charge as per sections 211 to 224 of CrPC and move on to the stage where the defence puts forth his points in order to reject the contentions of the prosecution through placing of evidence. The trial concluded with either conviction of the accused or his acquittal. However, even in criminal cases, there is a provision for plea bargaining to reduce the sentence and appeal, reference and revision if the party is not convinced with the judgment.

Criminal judicial techniques are:

i.               An ex post facto law or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. This is envisaged in Article 20 of the Constitution.

ii.              Double jeopardy mentioned in Section 300 of CrPC states that one cannot be tried twice for the same offence. However, if there are other charges framed or any other consequential offence due to same act, there can be another trial for the same.

iii.            Rule against Self Incrimination is laid down in Article 20 of the Constitution and is supported by Section 24 of the Indian Evidence Act. It states that one is not bound to make statements or confess something which may go against that person and put him in a prejudiced position.

These processes are further followed by bail, appeals etc. which go a long way. Bail is an initial attempt by the accused person to seek abstinence from appearing before the court whereas appeals, revision and reference are subsequent processes in a trial.