Far less of the work happens in dramatic courtroom argument than people expect, and far more of it in preparation.
Criminal defence is often imagined as argument. In practice it is mostly reading: the FIR, the statements recorded during investigation, the documents relied upon, and then planning what to ask a witness months before the witness appears.
At the FIR and investigation stage
The sections invoked in the FIR decide almost everything that follows — whether arrest is likely, which court will try the matter, and whether bail lies before the Magistrate or the Sessions Court. Advice at this stage is mainly about accuracy and about not creating unnecessary problems in statements.
Custody and bail
Where liberty is at stake, applications concerning custody and bail take priority. They require the case papers, details of custody, and clarity about earlier applications, if any.
Charge and trial
At the stage of framing of charge, the question is whether the material discloses an offence at all. During trial, prosecution witnesses are examined and cross-examined, and documents are proved or challenged. Consistency of the defence across the whole record is decisive.
Final arguments
Arguments are addressed on the evidence actually recorded, not on what a party wished the evidence had been. This is why the earlier stages receive so much attention.
This article is general information about legal procedure and is not legal advice. Facts and applicable law differ from case to case, and no outcome is promised.