Short answer: Before your first criminal hearing, confirm the exact court room and date from the cause list or case status, reach early with your summons, identity proof and bail papers, and bring sureties if bail bonds are to be furnished. Dress soberly, keep your phone off, and speak only when the court or your advocate asks you to. If you genuinely cannot attend, an application for exemption must be made in advance, not after.
Which court will hear your case
In Gautam Buddh Nagar, the criminal courts sit at the District and Sessions Court complex at Surajpur, Greater Noida. As a general guide:
- Most summons cases, warrant cases and first bail applications in Magistrate-triable offences are heard by the Chief Judicial Magistrate or another Judicial Magistrate to whom the case is assigned.
- Offences triable by a Court of Session, and anticipatory bail and regular bail applications at the sessions level, are heard by the Sessions Judge or an Additional Sessions Judge.
- Special courts deal with specific statutes such as POCSO or the NDPS Act.
Cases are allocated to courts under an administrative roster. Your summons or notice usually states the court; your advocate will confirm the court number and the stage of the case.
Checking the cause list and status
The cause list for each court is published daily, and case status can be checked online through the eCourts services website and mobile app using the case number, CNR number, FIR number or party name. Our guide on accessing court records and case status explains how to search. Check the list the evening before and again on the morning of the hearing, since items are sometimes transferred or the court may be on leave.
What to do, in order
- Read your summons or bail order carefully. Note the court, date, time and what is expected (appearance, bonds, documents).
- Speak to your advocate a day earlier. Confirm whether personal appearance is required and whether any application is to be filed.
- Carry documents: original summons or notice, government photo identity and address proof, photographs if bonds are to be filed, copies of any bail or protection order, and a copy of the FIR.
- Arrange sureties if needed: sureties usually bring identity and address proof and documents showing their solvency, such as property papers or vehicle registration, as directed by the court.
- Arrive early. Courts generally begin in the morning, and the case may be called at any time. If you are absent when called, the court may pass adverse orders.
- Stay near the court room and keep your advocate informed of where you are.
- After the hearing, note the next date and the order passed, and obtain a copy of the order when available.
Conduct in court
- Dress in clean, simple, sober clothes. No special dress code applies to litigants, but avoid casual or loud clothing.
- Switch off your phone or keep it silent; do not record, photograph or take calls inside the court room.
- Stand when the judge enters or when your case is called, and when you are addressed.
- Address the court as “Sir” or “Madam”, or “Your Honour”. Speak only when asked; normally your advocate speaks for you.
- Answer questions briefly and truthfully. If you do not understand a question, say so politely.
- Do not speak to the complainant or witnesses about the case in the court complex.
Exemption and video-conferencing
Section 228 BNSS (old Section 205 CrPC) allows a Magistrate issuing summons to dispense with the personal attendance of the accused and permit appearance through an advocate, where there is reason to do so. During trial, the court can also exempt attendance on particular dates for good cause, such as illness, supported by documents. Section 530 BNSS allows proceedings in electronic mode, and courts may permit appearance by video-conferencing where facilities and rules allow. These are matters for the court’s discretion, so an application must be made properly and in time.
Common questions
What happens if I miss my hearing?
The court may issue a bailable or non-bailable warrant, or take steps against sureties. If you miss a date, contact your advocate immediately so that an appropriate application can be made.
Can my family member attend instead of me?
No. Only the court can exempt you, and a family member cannot appear in your place. Your advocate can appear on your behalf only where exemption is granted.
Will I be arrested at the first hearing?
That depends on the offence, the stage and any orders already in place. If you have bail or protection, carry a copy; if not, discuss with your advocate whether bail should be applied for in advance.
When to speak to an advocate
Speak to an advocate as soon as you receive a summons, notice or warrant, and well before the first date. Preparation of bail papers, sureties and any exemption application takes time.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code).
For a confidential discussion about an upcoming hearing at the Surajpur courts, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
