Introduction
Criminal justice in Nepal aims to maintain social order by ensuring that wrongdoers are prosecuted fairly and victims receive justice. Once the investigation is complete and the charge sheet is filed, the criminal case proceeds to the trial phase. Trial and adjudication are central processes where courts hear evidence, apply the law, and deliver judgments. These processes are governed mainly by the National Criminal Procedure Code, 2074 (2017), which lays out fair trial rights and due process guarantees.
Filing of the Charge Sheet
The criminal trial begins formally after the public prosecutor files a charge sheet in the concerned court. This document outlines the allegations, legal provisions involved, and the evidence gathered during investigation. The charge sheet is filed only if the investigating authority finds sufficient grounds to prosecute the accused. In serious offenses, the District Government Attorney represents the State and submits this charge sheet before the District Court.
Summoning the Accused
Once the charge sheet is filed, the court issues a summons or arrest warrant to bring the accused before the court. If the accused is already in custody, the court notifies them of the charges. The accused is then informed of their legal rights, including the right to a defense lawyer. In bailable offenses, the accused may be released on bail at this stage.
Framing of Charges
At the first hearing, the judge frames charges based on the allegations and evidence in the charge sheet. This process is called “charge framing” or आरोप तय गर्ने प्रक्रिया. The court reads out the charges to the accused and asks whether they plead guilty or not guilty. If the accused pleads guilty, the court may deliver a judgment accordingly. If they deny the charges, the case moves forward to the evidence stage.
Examination of Witnesses and Evidence
This is the heart of a criminal trial. The prosecution presents its witnesses and evidence first. The defense has the right to cross-examine each witness. After the prosecution rests its case, the defense may present its own witnesses and documents. The court carefully records the statements and examines the relevance and credibility of each piece of evidence.
In Nepal, the court has an active role in questioning the witnesses and evaluating the truth. This is a reflection of our mixed legal system, where elements of both adversarial and inquisitorial models are used.
Role of the Defense
The defense lawyer plays a vital role during the trial. They examine the legality of evidence, raise objections, and present counterarguments. They can also call their own witnesses and argue that the accused is innocent or that the charges are not supported by solid proof. The defense may also raise constitutional issues or procedural flaws in the investigation.
Final Arguments
After all witnesses have been heard and evidence recorded, the prosecution and defense present their final arguments. This is the last opportunity for both sides to persuade the judge. The prosecutor highlights the strength of the case, while the defense tries to cast doubt on the evidence. These arguments are often decisive in how the judge interprets the case.
Judgment and Adjudication
Once arguments are concluded, the judge evaluates all the materials and delivers a reasoned verdict. The court either acquits the accused (finding them not guilty) or convicts them (finding them guilty). The decision must be based on facts proven beyond a reasonable doubt, as per the principle of criminal jurisprudence. If the accused is found guilty, the court then proceeds to determine the punishment. Sentencing may include imprisonment, fines, or both, depending on the nature of the offense.
Appeals and Higher Review
After the judgment, both the prosecution and the defense have the right to appeal the decision. Appeals against decisions of the District Court go to the High Court, and from the High Court to the Supreme Court in exceptional circumstances. The appellate court can affirm, reverse, or modify the trial court’s decision. This process ensures accountability and prevents miscarriage of justice.
Fair Trial Guarantees in Nepal
Nepal’s Constitution and laws guarantee the right to a fair trial. Article 20 of the Constitution ensures that every person accused of a crime has the right to consult a lawyer, remain silent, and be presumed innocent until proven guilty. The trial must be held in an open court unless privacy is justified in certain sensitive cases (like cases involving minors or sexual offenses).
Delays and Challenges in Criminal Trials
Criminal trials in Nepal often face delays due to a backlog of cases, lack of resources, frequent adjournments, and shortage of judges. Witnesses may turn hostile or fail to appear. Investigative weaknesses also affect the strength of the case during trial. These delays not only undermine justice but also violate the constitutional right to a speedy trial.
Conclusion
Trial and adjudication are the foundations of criminal justice. They ensure that the accused gets a fair opportunity to defend and that justice is delivered based on law and evidence. In Nepal, despite procedural safeguards, the system faces challenges like trial delays and weak enforcement of court orders. Reforming these weaknesses, training prosecutors and judges, and increasing public legal awareness are necessary steps to make criminal trials faster, more reliable, and just.
