 The concept of fair trial is a fundamental principle in every Judicial system wherein

all the parties involved are afforded with equal and just treatment, making sure that
the process is conducted impartially and without bias.

Types of Trial based on complex and serious criminal cases. Under the CrPC, trials have
been categorized as:
o Session Trial (Chapter XVIII, Section 225 to 237) such as murder, rape,
kidnapping and other major crimes above 7 yrs.
o Warrant Trial (Chapter XIX, Section 238 to 250) more than 2yrs
o Summons Trial (Chapter XX, Section 251 to 259) upto 2 yrs
o Summary Trial (Chapter XXI, Section 260 to 265) less than 2

Session - Section 225 to 237

It deals with serious criminal cases, ensuring a comprehensive, fair and lawful
examination of evidence and witnesses. The Court of Session, as a higher court, plays
a pivotal role in delivering justice, imposing sentences for grave offences and
maintaining public trust in the legal system.

This process upholds the principle of due process, safeguards the rights of the
accused and provides a forum for impartial adjudication. Additionally, it helps deter
and address serious crimes, contributing to public safety and the overall rule of law.

Parties in Trial Before a Court of Session (Section 225)

prosecution is handled by a public prosecutor.

The accused person has the right to choose a defence lawyer. If the accused cannot
afford a lawyer, the court will provide one at the state’s expense. Before the trial
begins, the accused is given copies of important documents such as the police report
and FIR (First Information Report).

Opening the Case (Section 226)- The public prosecutor begins the case by
explaining the accusations against the accused. They briefly outline the evidence they
plan to use to prove the guilt. The prosecutor’s job is not to guarantee a conviction
but to present the case’s facts to the tribunal, which will make the judgment.

Discharge of the Accused in Trial Before a Court of Session (Section

227)- After hearing from both sides, if the court believes there is insufficient reason
to proceed against the accused, they will release the accused and provide the
reasons for doing so. This stage does not involve witness examination but allows
both sides to present their arguments for either filing charges or discharging the
accused.

Framing of Charges for Trial Before a Court of Session (Section 228)

After listening to both parties in a trial before a Court of Session, if the court believes
the accused may have committed the offence:

If the offence is not exclusively for the session’s court, the court frames charges and
transfers the case to the Chief Judicial Magistrate. It’s important to note that when
framing charges under Section 228 of the Criminal Procedure Code, the judge
doesn’t need to provide detailed reasons. Only a prima facie case is considered at
this stage. This means that the judge doesn’t have to determine if the case is beyond
a reasonable doubt, as clarified by the Supreme Court in the case of Bhawna Bai v.
Ghanshyam & Ors.

Explaining the Charge and Inquiry About Plea (Section 228(2))

The details of the charge must be explained to the accused, allowing them to either
admit guilt or request a trial.

Conviction on a Guilty Plea in Trial Before a Court of Session (Section

229)

If the accused pleads guilty, the judge records the plea and can choose to convict the
accused. As seen in Queen Empress v. Bhadu, the guilty plea must be clear;
otherwise, it’s treated as a plea of not guilty. Section 229 specifies that if an accused
pleads guilty, the judge can convict them at their discretion and record it.

However, the court cannot convict the accused on a guilty plea when the offence
carries a penalty of death or life imprisonment. In Hasaruddin Mohommad v.
Emperor, the court emphasised that it’s hesitant to convict someone accused of an
offence with the death penalty or life imprisonment based solely on a guilty plea. The
accused’s right to appeal is restricted by Section 375 if they are convicted based on a
guilty plea.

Setting a Date for Prosecution Evidence (Section 230)

If the accused refuses to plead, doesn’t plead, claims to be tried or isn’t convicted
under Section 229, the judge schedules a date for the examination of witnesses or
may order the appearance of witnesses or the production of documents or things.

Evidence for Prosecution (Section 231)

On the scheduled date, the judge gathers all the evidence to support the
prosecution’s case.

The judge may, at their discretion, allow the cross-examination of a witness to be

postponed until after other witnesses have been examined or recall a witness for
further cross-examination.

In the case of Ram Prasad v. State of U.P, the Supreme Court ruled that if the court
finds the prosecution failed to present witnesses for unreasonable or improper
reasons, it can draw a negative conclusion against the prosecution.

The court noted in State of Kerala v. Rasheed that when deciding an application
under Section 231(2), a balance should be maintained between the rights of the
accused and the prosecution’s obligation to present evidence. Several factors should
be considered, including the risk of undue influence, threats, the potential for later
witnesses to adjust their testimony to undermine the defence and the memory of
witnesses whose direct examination is complete.

Judgment of Acquittal or Conviction in Trial Before a Court of Session

(Section 235)

After hearing arguments from both sides, the court issues a judgment of either
acquittal (not guilty) or conviction (guilty). In the case of Santa Singh v. State of
Punjab, the Supreme Court emphasised that the judge should first decide on a
judgment of either conviction or acquittal. If the accused is convicted, they are given
an opportunity to present their side regarding the sentencing before the court
decides the punishment.

In Bacchan Singh v. State of Punjab, the court ruled that this section allows for a
two-step trial process. It grants the accused the right to a pre-sentence hearing,
which might not be directly related to the specific crime being investigated but can
impact the choice of punishment.

Previous Conviction (Section 236)

When a prior conviction is alleged, as specified in subsection (7) of Section 211 and
the accused does not admit to the previous conviction as stated in the charge, the
judge may collect evidence related to the alleged prior conviction and make a record
of their findings.

It’s important to note that the judge should not read the charge or ask the accused
to plead to it and the prosecution should not mention the previous conviction in any
evidence until the accused has been convicted under Section 235 or Section 239.
Speaker: On the other hand, summary trials, governed by Sections 260 to 265 of the
CrPC, offer a streamlined and expedited process for certain offenses. They're designed for
cases where the maximum punishment is up to two years of imprisonment or for offenses
considered to be of a summary nature by law. These trials aim to ensure swift justice by
simplifying procedures and reducing timelines.

Summary trials under the Code of Criminal Procedure (CrPC) provide a streamlined
and expeditious legal process for the quick disposal of certain types of criminal cases
in India. These summary trials are designed to ensure swift justice by simplifying
procedures and reducing timelines, with the aim of delivering timely and efficient
resolutions for certain offences.

Summary trials, as per the CrPC, are governed by Sections 260 to 265, and they are
designed to provide a summary and expedited process for the trial of certain types
of offences. These trials are intended for cases where the maximum punishment is up
to two years of imprisonment or cases that are considered to be of a summary
nature by law.

The objective of summary trials is to ensure that justice is delivered swiftly, without
compromising on the principles of natural justice and fair trial.

No sentence of imprisonment for a term exceeding three months shall be passed

in the case of any conviction under this Chapter.

Key Features of Summary Trials under Criminal Procedure Code

Summary trials have certain unique features that set them apart from regular trials.
Let’s explore some of the key features of summary trials under CrPC:

Expedited Process: One of the primary features of summary trials is the expedited
process. The timelines for various stages of the legal process, such as investigation,
filing of charges, and conducting the trial, are significantly reduced compared to
regular trials. This ensures that the case progresses swiftly and is disposed of in a
timely manner.

Simplified Procedure: The procedure for summary trials is simpler compared to

regular trials. The court has the discretion to skip certain formalities, such as
recording detailed evidence, and can rely on a summary of evidence to arrive at a
decision. The rules of evidence are also relaxed, making the process less formal and
more efficient.
Limited Punishment: Summary trials are meant for cases where the maximum
punishment is up to two years of imprisonment, although in some cases, it may be
extended to three years with the consent of the accused. This ensures that only
offences of a certain gravity are tried summarily, and cases with higher potential
punishments are dealt with through regular trials.

Limited Right of Appeal: The right of appeal in summary trials under the Criminal
Procedure Code is limited compared to regular trials. An accused can only appeal to
a higher court on points of law, rather than on questions of fact or mixed questions
of law and fact. This helps in expediting the appellate process and reduces delays in
the disposal of cases.

Summary Disposal: One of the unique features of summary trials is the provision for
summary disposal. If the accused pleads guilty, and the court is satisfied, the case
may be disposed of summarily without a full-fledged trial. This further accelerates the
process and helps in the quick resolution of cases.

Relevant Laws Governing Summary Trials in CrPC

Summary trials in CrPC are governed by specific sections of the Code. Some of the
relevant laws that govern summary trials in India are:

 Section 260: This section defines the offences that can be tried summarily,
which include offences where the maximum punishment is up to two years of
imprisonment or offences that are considered to be of a summary nature by
law.
According to Section 260 (1) of the Criminal Procedure Code,

 Chief Judicial Magistrate;

 Metropolitan Magistrate;
 Magistrate of the first class specially empowered in this behalf by the High
Court,
 Section 261: This section provides a summary trial by Magistrate of the
second class.
 Section 262: This section deals with the procedure to be followed in summary
trials.
 Section 263: This section provides deals with a record in summary trials.
 Section 264: This section provides for judgment in cases tried summarily.
 Section 265: Language of Record and Judgment
Who can conduct summary trials in CrPC?
may, if he thinks fit, try in a summary way.
Offences tried Summarily
According to Section 260 (1) of the Criminal Procedure Code, the following offences
can be tried in a summary way:

 offences not punishable with death, imprisonment for life or imprisonment for
a term exceeding two years;
When, in the course of a summary trial it appears to the Magistrate that the nature of
the case is such that it is undesirable to try it summarily, the Magistrate shall recall
any witnesses who may have been examined and proceed to re-hear the case in the
manner provided by this Code.

Record in summary trials under Criminal Procedure Code

According to Section 263:

In every case tried summarily, the Magistrate shall enter, in such form as the State
Government may direct, the following particulars, namely:-

(a) the serial number of the case:

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

(d) the name of the complainant (if any);

(e) the name, parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases coming
under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value
of the property in respect of which the offence has been committed;

(g) the plea of the accused and his examination (if any);

(h) the finding;

(i) the sentence or other final order

(j) the date on which proceedings were terminated.

Judgment in cases tried summarily

According to Section 264:
In every case tried summarily in which the accused does not plead guilty, the
Magistrate shall record the substance of the evidence and a judgment containing a
brief statement of the reasons for the finding.

Language of record and judgment

According to Section 265:

(1) Every such record and judgment shall be written in the language of the Court.

(2) The High Court may authorize any Magistrate empowered to try offences
summarily to prepare the aforesaid record or judgment or both by means of an
officer appointed in this behalf by the Chief Judicial Magistrate, and the record or
judgment so prepared shall be signed by such Magistrate.

Speaker: In essence, both trial mechanisms serve the overarching goal of justice but through
divergent path and each approach has its merits and limitations while A trial before a Court of
Session symbolizes the careful and deliberate pursuit of truth, a summary trial embodies the
expeditious and Simplified way of approach

Conclusion

Session and Summary trials in Criminal Procedure Code are vital component of our
legal system in India. While session trial upholds the principle of due process, making
sure everyone is treated fairly under the law. Summary trials promotes expeditious
and streamlined resolution of cases

Sect 366-371- confirmation of death penalty by high court

366

Sentence of death must be submitted by the court of session, to the high court for the
confirmation

Masalti vs up 1965 sc- hc must analyse, weather decision of session is right or wrong, by
looking into the facts of case and law applied
Bhupinder singh vs Punjab 1968 sc- hc must come to an independent decision

366(2)

For the duration of confirmation he will be kept in custody, so that execution has to be
confirmed by the hc

367

Power to the hc to direct further inquiry and take additional evidence- under this the hc has
the power to order further inquiry or to take additional evidence. For the same the hc may do
so itself or order the same to be conducted by court of sessions, the result of that inquiry shall
be certified and send to the high court

Dilip prem Narayan vs Maharashtra 2010 sc- hc can consider dying declaration

368

Power of hc –

 confirmation of death sentence

 can pass any other sentence
 can order a new trial
 can annul the conviction
 can acquit

proviso/ exception- no order of confirmation shall be passed within the period of appeal or if
the appeal is preferred then till it is deposed off.

Asgar hussain vs up air 1973 sc- A and B held same crime but hc gave diff punishment to B,
later it was annulled

369- confirmation of sentence signed by atleast to 2 judges

370- procedure in case of different opinion, then 392 procedure followed which says the case
is put forward to 3rd judge

371- procedure in cases submitted to hc, then special officer of hc will get the decision sealed
and signed without any delay and will send it to the officials of court of session
General provisions relating to inquiries

300- double jeopardy

Article 20(2)- prosecution shall not be punished for some offence twice, previously convicted

The person cant be tried for the same offence with same facts

Exceptions

clause 2. Person who is convicted or acquitted may be tried afterwards with the
consent of the govt. for a distinct offence for which a separate charge is made
out at a formal trial
clause 3. Grievous offence turned to murder
clause 4. If the person is acq /convicted constituted by acts and is tried for any
offence, constituted with same acts when the conviction by the first court
which is not competent to try the offence subsequently charged

303-

304-

305

306

310

311 A

312

313

316

317

319

321

327