CRIMINAL PROCEDURE CODE (CRPC),

1973
(A)Trial before a Court of Session:
(B)Trial of Warrant Cases by Magistrate:

TO,
K L SRINIVAS SIR,
PROFESSOR IN CRPC,
SCHOOL OF LAW ,
NMIMS, BENGULURU.

BY,
PARICHAYA REDDY BADDAM,
BBA, LL.B,
ID- 81021219018,
SCHOOL OF LAW,
NMIMS, BENGULURU.
 Trial Before A Court of Session Under Code of Criminal Procedure 1973
INTRODUCTION:
District court referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of
Criminal Procedure 1973. As per section 9 of Code of Criminal Procedure, 1973, the State government establishes
court for every session division. The court presided over by a Judge, appointed by the High Court of that particular
state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this court. In India,
the Sessions Court has responsibility for adjudicating matters related to criminal cases.

The court takes the responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases. Trial
is an important process to determine whether the accused is guilty of an offence. Basing on the seriousness of the
offence, criminal cases are categorized under two heads viz:

1. Summons cases; and

2. Warrant cases.

Among warrant cases, the cases which are more serious in nature are triable by the Court of Session, while less
serious cases are triable by the Courts of Magistrate. A Court of Session cannot take cognizance of any offence,
though it is triable by it. A competent Magistrate takes cognizance of any offence and commits the case for trial by a
Court of Session. Trial of Criminal cases may be explained with reference to the following heads:

3. Trial (of Warrant-Cases) before a Court of Session.

4. Trial of Warrant-Cases by Magistrates.
5. Trial of Summons-Cases by Magistrates.
6. Summary Trials.

Trial before a Court of Session:

The code lays down the procedure for trial before a court of session as follows:
a. Parties (sec. 225): In a trial before a court of session, the prosecution shall be conducted by a public
prosecutor. The accused has a right to engage a counsel of his choice. If he cannot afford to engage the
defense counsel, the court engaged at the state expenses. Before commencing the trial, the accused in
supplied with the copies of documents like police report, F.I.R etc.

b. Opening the case (sec. 226): The public prosecutor opens the case by describing accusation against the
accused. He states briefly by what evidence, he proposes to prove the guilt. The prosecutor duty is not to
secure a conviction but simply to lay the facts of the case before the tribunal, which is to judge.

c. Discharge of the accused (sec. 227): After hearing from both the parties if the court considers that there is no
sufficient ground to proceed against the accused, discharges him and records the reason for doing so. There
 is no scope for examination of any witness but there is scope for both sides to argue their case in Favour of
framing charge or discharge.

d. Framing of charge (sec. 228): After hearing from both the parties if the court presumes that the accused
might have committed the offences:
I) If frames a charge in writing, if the offence is exclusively triable by the Court of Session.

ii) If the offence is not triable exclusively by the sessions court, it frames charge and transfers the case to the
Chief Judicial Magistrate. It was held in Kanti Bhadra Shah & anr v. State of West Bengal {1} while exercising
power under Section 228 CrPC, the Judge is not required to record his reasons for framing the charges
against the accused.

While framing charges, only the prima facie case has to be seen. At this stage, the Judge is not required to
record a detailed order necessary to see whether the case is beyond reasonable doubt as held by the
Supreme Court in Bhawna Bai v. Ghanshyam & Ors. (2)

In Rukmini Narvekar v. Vijaya Satardekar {3} it was ruled by the Court that the accused cannot produce any
evidence at the stage of framing of charge and only those materials can be taken into consideration which is
specified in Section 227 at the time of framing charges.

e. Explaining the charge and enquiry about plea (sec. 228(2)): The contents of the charge have to be explained
to the accused as to enable him to plead guilty of the offence or claim to be tried. In Banwari v. State of UP,
{4} the Court held that default in reading out or explaining the charge to the accused would not vitiate the
trial unless it has been shown that non-compliance with Section 228 has resulted in prejudice to the accused.

f. Conviction on plea of guilty (sec. 229): If the accused pleads guilty, the judge shall record the plea and may in
his discretion convict him thereon. It was held in Queen Empress v. Bhadu {5} that the plea of guilty must be
in unambiguous terms otherwise such a plea is considered as equivalent to a plea of not guilty. Section 229
states that if an accused pleads guilty then the Judge shall convict him as per his discretion and shall record
the same. The Court cannot convict an accused on the basis of the plea of guilty where the offence is of a
nature in which the punishment is death or imprisonment for life. In Hasaruddin Mohommad v. Emperor,{6}
the Court held that it will be reluctant for the Court to convict a person accused of an offence in which the
punishment is death or life imprisonment on the basis of his plea of guilty. The right of appeal of the accused
is curtailed by Section 375 If the accused is convicted on the basis of his plea of guilty.

g. Date for prosecution evidence (sec. 230): If the accused refuses to plead or does not plead or claims to be
tried or is not convicted under sec. 229, the judge shall fix at date for the examination or witness or may
order for compelling appearance of any witness or production of a thing/document.

h. Evidence for prosecution (sec.231):

It consists of two points:
i) On the date so fixed as above, the judge takes all such evidence is support of the prosecution.
ii) The judge may in his discretion, permits the cross examination of any witness to be deferred until any
other witness have been examined or recall any witness for further cross examination.

In Ram Prasad v. State Of U.P, {7} The Supreme Court was held that, if the court finds that the prosecution
 had not examined witness for reasons not tenable or proper, the Court would be justified in drawing an
inference adverse to the prosecution.

The Court observed in Statep of Kerala v. Rasheed {8} that a balance must be struck between the rights of
the accused and the prerogative of the prosecution to lead the evidence while deciding an application under
Section 231(2). The following factors must be considered:
1. The possibility of undue influence,
2. Threats,
3. That non-deferral would enable subsequent witnesses giving evidence on similar fact to tailor their
testimony to circumvent the defense strategy,
4. Loss of memory of the witness whose examination-in-chief has been completed.

i. Arguments of the prosecution (sec. 314(2)): The prosecution after the close of witnesses submits a
memorandum of his oral arguments. A copy of the same if is supplied to the opposite party.

j. Examination of the accused: It is to be made without administering oath. It is to give an opportunity to him
to explain the circumstances alleged against him by prosecution.

k. Acquittal (sec. 232): After hearing from both the parties if the judge considers that the accused has not
committed the offence, record an order acquitting the accused.

l. Entering upon defense (sec. 233): If the accused is not acquitted, he shall be called upon to enter on his
defense. The court may summon or examine at any stage any person as court witness.

m. Arguments (sec. 234): After recording defense, the prosecutor sums up his case and the accused or his
pleader shall be entitled to reply. The prosecutor may be allowed to make his submission in case any law
point is raised by the defense.

n. Judgment of acquittal or conviction (sec. 235): After hearing arguments from both the sides, the court
delivers judgment of acquittal or conviction. On this point, the Apex Court in Santa Singh v. State of Punjab
{9} held that the Judge should first pass a sentence of conviction or acquittal. If the accused is convicted, he
shall be heard on the question of sentence and only then the Court shall proceed to pass a sentence against
him.

In Bacchan Singh v. State of Punjab, {10} it was ruled by the Court that this Section provides for a bifurcated
trial and specifically gives to the accused person a right of pre-sentence hearing which may not be strictly
relevant to or connected with the particular crime under inquiry but may have a bearing on the choice of the
sentence.

o. Previous Conviction (sec. 236): In a case where a previous conviction is charged under the provisions of sub-
Sec. (7) of Sec. 211, and the accused does not admit that he has been previously convicted as alleged in the
charge, the judge may take evidence in respect of the alleged previously conviction and shall record a finding
there on:
Provided that no such charge shall be read out by the judge not shall the accused be asked to plead thereto
nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it unless
 and until the accused has been convicted under sec. 299 or sec. 235.

p. Procedure in cases instituted under sec. 199(2) (sec. 237):

I) A Court of Session taking cognizance of an offence under sub sec. (2) of sec 199 shall try the case in
accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report
before a court of magistrate.

ii) Every trial under this section shall be held in camera if either party thereto so desires or if the court thinks
fit so to do.

iii) If, in any such case, the court discharges or acquits all or any of the accused and is of the Opinion that
there was no reasonable cause for making the accusation against them or any of them, it may try its order of
discharge or acquittal, directs the person against whom the offence was alleged to have been committed to
show cause why he should not pay compensation to such accused or to each or any of such accused, when
there are more than one.

iv) The court shall record and consider any because which may be shown by the person so directed and if it is
satisfied that there was no reasonable cause for making the accusation, it may make an order that
compensation to such amount not exceeding Rs.1000 it may determine, be paid by such person to the
accused or to each or any of them.

v) Compensation awarded under sub sec. (4) shall be recovered as if it were a fine imposed by a magistrate.
a
vi) No person directed to pay compensation under sub sec (4) shall be exempted from any civil or criminal
liability 1n respect of the compliant made under this section.

vii) The person who has been ordered under sub sec. (4) to pay compensation may appeal to the High Court.

viii) When an order for payment of compensation to an accused person is made, the compensation shall not
be paid to him before the period allowed for the presentation of the appeal has elapsed, or if an appeal is
presented, before the appeal has been decided.

Trial of Warrant Cases by Magistrate:

Trial by magistrate in court may be sub-categorized under three parts;

Trial of warrant cases instituted on a police report:

Sec. 2(1) of the code defined police report as police report means a report forwarded by a police officer to a
magistrate under sub sec. (2) of sec. (173) of the code. The trial of cases instituted on police cases may be explained
as follows:

i. Supply of Copies to the accused: (sec. 238) When an accused to brought before the Magistrate for trial the
copies of FIR statements of persons recorded during investigation etc. are required to be supplied to him. The
 magistrate shall satisfy that the provisions under sec. (207) are complied with.

ii. Discharge of accused: (sec. 239) after hearing from the both sides if the magistrate convince

iii. Framing of charge: (sec. 240) After considering the matters, if the magistrate presumes that the accused has
committed the offence and magistrate is competent to try it, frames in writing a charge against the accused.
The contents of the charge are to be read over and explained to the accused. He shall be asked whether he
pleads guilty or claims to be tried.

iv. Conviction on plea of guilty: (sec. 241) If the accused pleads guilty, the magistrate shall record the plea and
convict him.

v. Examination of witness: If the accused does not plead or refuses to plead or claims to be tried, the
magistrate shall fix a date for examination of witness and may issue summons to that effort.

vi. Evidence for prosecution: (sec. 242) the prosecution has to submit a memorandum of oral arguments and
the accused shall be examined under sec. 313(12) (b).

vii. Evidence for defence: (sec. 243) After completion of the above, the accused is required to produce his
evidence the magistrate if necessary, may order of acquittal and if the accused is found guilty, he is
convicted-according to law.

b) Cases instituted otherwise than on a police report:

The procedure in respect of cases instituted otherwise than on a police report is explained below:

viii. Evidence for prosecution (sec. 244): When the accused appears or is brought before a magistrate, the
magistrate shall take all such evidence as may be produced in support of prosecution.

ix. Discharge (sec. 245): Sec. 245 makes provisions as to when the accused shall be discharged. The magistrate
may discharge the accused even before the prosecution evidence if he finds the case groundless.

x. Explaining charge and the plea of the accused (sec. 246): Sec. 246 lays down the procedure, where the
accused is not discharged. If a prima facie case is made out by the prosecution that the accused has
committed an offence, the court frames charge against the accused.

xi. Choice of accused to recall prosecution witness (sec. 246 (4 and 5)): Later, the accused is called upon to
produce his defence evidence. The court may also order production of persons as witness or things if
required.

xii. Acquittal or Conviction: After hearing from both the sides, if the magistrate finds the accused not guilty, he
shall record an order of acquittal and if the accused if found guilty he is convicted according to law.
c) Common provisions regarding conclusion of Trial:
Sec. 248 to 250 of the code provide for common provisions regarding conclusion of Trial:

xiii. Acquittal or conviction (sec. 248): In every case, where charge has been framed if the magistrate finds the
accused not guilty, he shall record an order of acquittal. If he finds the accused guilty, passes sentence
according to law.

xiv. Previous conviction: Where the accused does not admit previous conviction, the magistrate after convicting
the accused, takes evidence in respect of alleged previous conviction.

xv. Absence of complaint (sec. 249): When the proceedings have been instituted upon compliant and on any day
fixed for the hearing of the case, the compliant is absent and the offence may be lawfully compounded or is
not a cognizable offence, the magistrate may in his discretion, notwithstanding anything here in before
contained, at any time before charge has been named, discharge the accused.

xvi. Compensation for accusation without reasonable cause (see. 250):

Sec. 250 empowers the magistrate to award compensation to the accused where accusation is made
without reasonable cause; the magistrate may acquit or discharge him and may also order such person
making the accusation to pay compensation. The amount of compensation shall not exceed the fine
which the magistrate is empowered to impose. In case of default, such person has to undergo simple
imprisonment for a period not exceeding 30 days.

Conclusion:
The Code of Criminal Procedure provides an opportunity for the accused for fair trial and makes an
effort to avoid any delay in investigation or trial. The Judge in every case ensures that the accused is
given a fair opportunity of hearing and defending his case. The Code also provides for legal aid to an
indigent accused who is unable to engage a lawyer in compliance with the constitutional requirements
and also as required by Section 304 so that any person accused of committing an offence is not
wrongly convicted and justice is served.