Unit 3

Trial Proceedings: Framing of Charges and Joinder of Charges

a. Framing of Charges
Definition:
 Framing of Charges is a crucial step in the criminal trial process where the court formally
reads out the specific accusations against the defendant. It outlines the precise nature of the
offense that the defendant is alleged to have committed.
Purpose:
 To inform the accused of the exact charges being brought against them, ensuring they have a
fair opportunity to prepare their defense.
 To set the boundaries for the trial, ensuring that the proceedings are focused on the specific
allegations.
Legal Framework in India:
 Criminal Procedure Code (CrPC): Sections 211 to 224 of the CrPC deal with the framing
of charges.
Process:
1. Consideration of Evidence: The court reviews the charge sheet, FIR, witness statements, and
other relevant documents submitted by the prosecution.
2. Hearing: The court may hear submissions from both the prosecution and the defense
regarding the sufficiency of the evidence.
3. Framing the Charges: If the court finds sufficient grounds to proceed, it frames formal
charges specifying the offense(s) under relevant sections of the law.
4. Reading Charges to the Accused: The charges are read out to the accused in open court. The
accused is asked whether they plead guilty or not guilty.
Example:
 If a person is accused of theft, the court will frame a charge specifying the act of theft under
the relevant section of the Indian Penal Code (IPC).
b. Joinder of Charges
Definition:
 Joinder of Charges refers to the legal process of combining multiple charges against a
defendant into a single trial. This can occur when a person is accused of multiple offenses.
Purpose:
 To ensure judicial efficiency by avoiding multiple trials for related offenses.
 To provide a comprehensive understanding of the accused's alleged criminal behavior.
Legal Framework in India:
 Criminal Procedure Code (CrPC): Sections 218 to 224 of the CrPC deal with the joinder of
charges.
Types of Joinder:
1. Single Accused, Multiple Offenses: When a single person is accused of committing multiple
offenses within a specific period or through a series of acts.
2. Multiple Accused, Single Offense: When multiple individuals are accused of committing the
same offense or offenses related to the same transaction.
3. Continuing Offense: When the accused is charged with offenses that are part of a continuing
series of acts.
Rules and Considerations:
1. Section 218 (Separate Charges for Distinct Offenses): Generally, there should be a separate
charge for each distinct offense. However, exceptions are provided under subsequent sections.
2. Section 219 (Three Offenses of the Same Kind within One Year): A person can be charged
and tried at one trial for three offenses of the same kind committed within one year.
3. Section 220 (Trial for More Than One Offense): When an act or series of acts is of such a
nature that it is doubtful which of several offenses the facts might constitute, the accused may
be charged with all or any of such offenses.
4. Section 223 (Persons Who May Be Charged Jointly): Provides instances where multiple
persons can be tried together, such as when they are accused of the same offense or offenses
committed in the course of the same transaction.
Example:
 If an individual is accused of committing burglary, theft, and receiving stolen property within
a span of six months, these charges can be joined and tried together under Section 219 of the
CrPC.

Jurisdiction of Criminal Courts in Inquiries and Trials

Jurisdiction in criminal law refers to the authority granted to a court to hear and decide cases
involving criminal offenses. It determines which court has the power to try a given case based on
various factors such as the location of the crime, the nature of the offense, and the status of the
accused. In India, the jurisdiction of criminal courts is primarily governed by the Criminal Procedure
Code (CrPC), 1973.
Types of Jurisdiction
1. Territorial Jurisdiction
 Definition: Territorial jurisdiction refers to the geographical area within which a
court has the authority to hear and decide cases.
 Determination: The place where the offense was committed usually determines the
territorial jurisdiction.
 CrPC Provisions: Sections 177 to 189 of the CrPC deal with the territorial
jurisdiction of criminal courts.
 Section 177: Generally, every offense shall be inquired into and tried by a
court within whose local jurisdiction it was committed.
  Section 178: Provides flexibility when it is uncertain where the offense was
committed, allowing it to be tried by a court having jurisdiction over any of
the areas concerned.
 Section 179: When an act is an offense due to consequences, it can be tried
where the act was done or where the consequence ensued.
 Section 180: If an act constitutes an offense by reason of its relation to
another act, it can be tried where either act was done.
2. Subject Matter Jurisdiction
 Definition: Subject matter jurisdiction refers to the authority of a court to hear cases
of a specific type or those involving specific subject matter.
 Determination: The nature and seriousness of the offense determine subject matter
jurisdiction.
 CrPC Provisions:
 Section 26: Specifies that any offense under the IPC may be tried by the High
Court, Sessions Court, or any other court as specified in the First Schedule of
the CrPC.
 Sections 28 to 31: Define the powers of different courts regarding
sentencing.
 Section 28: A High Court may pass any sentence authorized by law.
 Section 29: A Sessions Judge or Additional Sessions Judge may pass
any sentence authorized by law, but any sentence of death passed by
such a judge shall be subject to confirmation by the High Court.
 Section 30: Chief Judicial Magistrate may pass any sentence except a
sentence of death, life imprisonment, or imprisonment for more than
seven years.
3. Personal Jurisdiction
 Definition: Personal jurisdiction refers to the authority of a court over the individuals
involved in the case.
 Determination: The presence of the accused within the jurisdiction or their voluntary
submission to the court's authority usually determines personal jurisdiction.
 CrPC Provisions: Specific provisions deal with the jurisdiction over particular
categories of persons, such as public servants, minors, or military personnel.
Hierarchy of Criminal Courts
1. Supreme Court of India: The apex court, having appellate jurisdiction over all lower courts.
It can hear appeals on matters of law and substantial questions of constitutional interpretation.
2. High Courts: Have appellate and revisionary jurisdiction over the lower courts within their
respective states. They can also transfer cases and have original jurisdiction in certain cases.
3. Sessions Courts: Handle serious criminal cases. The Sessions Judge can pass any sentence,
including the death penalty, subject to confirmation by the High Court.
 4. Magistrate Courts:
 Chief Judicial Magistrate (CJM): Handles moderately serious offenses and can
impose sentences up to seven years of imprisonment.
 Judicial Magistrate First Class: Can try less serious offenses and impose sentences
up to three years of imprisonment or fines.
 Judicial Magistrate Second Class: Can try minor offenses and impose sentences up
to one year of imprisonment or fines.
 Executive Magistrates: Primarily deal with administrative functions and preventive
measures rather than trial of offenses.
Special Jurisdictional Considerations
1. Transfer of Cases:
 Section 406: Empowers the Supreme Court to transfer cases and appeals from one
High Court to another or from one lower court to another in the interest of justice.
 Section 407: Empowers the High Court to transfer cases and appeals from one
subordinate court to another within the state.
2. Special Courts:
 Definition: Special courts are established to handle specific types of offenses, such as
anti-corruption courts, narcotic drugs and psychotropic substances (NDPS) courts,
and others.
 Purpose: These courts ensure swift and specialized handling of particular categories
of cases.
3. Juvenile Justice:
 Juvenile Justice (Care and Protection of Children) Act, 2015: Establishes Juvenile
Justice Boards (JJB) for the trial of offenses committed by minors.

1. Sessions Trial
Definition:
 A Sessions Trial is conducted for serious offenses that are punishable by death, life
imprisonment, or imprisonment for more than seven years.
Legal Framework:
 Sections 225 to 237 of the CrPC govern Sessions Trials.
2. Warrant Trial
Definition:
 A Warrant Trial is conducted for offenses punishable with imprisonment exceeding two
years. These trials are more detailed and involve a formal charge framing process.
Legal Framework:
 Sections 238 to 250 of the CrPC govern Warrant Trials.
3. Summons Trial
Definition:
 A Summons Trial is conducted for minor offenses punishable with imprisonment of up
to two years. These trials are simpler and faster.
Legal Framework:
 Sections 251 to 259 of the CrPC govern Summons Trials
4.Summary Trial
Definition:
 A Summary Trial is conducted for very minor offenses where the punishment does not exceed
three months of imprisonment. The procedure is highly simplified and expedited.
Legal Framework:
 Sections 260 to 265 of the CrPC govern Summary Trials.

Judgment and Sentences under the Criminal Procedure Code (CrPC), 1973
Judgment
Definition:
 A judgment is the final decision of the court regarding the guilt or innocence of the accused. It
is based on the evidence and arguments presented during the trial.
Legal Framework:
 Sections 353 to 365 of the CrPC govern the delivery and recording of judgments.
Key Elements:
1. Pronouncement:
 Section 353: The judgment must be pronounced in open court by the presiding judge
or magistrate. It can be done by reading out the whole judgment or a summarized
version.
2. Contents:
 Section 354: The judgment should contain:
 The points for determination.
 The decision on each point.
 The reasons for the decision.
  The offense (if any) and the section of the law under which the accused is
convicted or acquitted.
 If the accused is convicted, the judgment should also state the punishment to
be given.
3. Acquittal or Conviction:
 Section 235(1) and Section 248(1): In a trial before a Sessions Court or a Magistrate,
respectively, if the accused is acquitted, the court must release them. If convicted, the
court must pass a sentence.
4. Translation:
 Section 361: The judgment must be translated into a language understood by the
accused if they do not understand the language of the court.
5. Copy to the Accused:
 Section 363: A copy of the judgment must be provided to the accused free of cost
immediately after the judgment is pronounced.
Sentences
Definition:
 A sentence is the punishment imposed by the court on the accused after a conviction. The
nature and severity of the sentence depend on the offense and the applicable laws.
Types of Sentences:
1. Death Sentence:
 Section 354(3): For offenses punishable with death, the court must state the special
reasons for imposing this sentence.
 The death sentence requires confirmation by the High Court before it can be
executed.
2. Life Imprisonment:
 A sentence of imprisonment for the remainder of the convicted person’s natural life.
3. Imprisonment:
 Simple Imprisonment: The convicted person is confined without any hard labor.
 Rigorous Imprisonment: The convicted person is subjected to hard labor.
4. Forfeiture of Property:
 The convicted person’s property is confiscated by the state.
5. Fine:
 The convicted person is required to pay a monetary penalty. The court may impose a
fine in addition to or instead of imprisonment.
Execution, Suspension, Remission, and Commutation of Sentences in Criminal Law
In the Indian legal system, the execution, suspension, remission, and commutation of sentences are
essential aspects of the criminal justice process. These mechanisms ensure that sentences imposed by
courts are carried out fairly and in accordance with legal principles. Here's an overview of each:
Execution of Sentences:
Definition:
 Execution refers to the implementation of the sentence imposed by the court. It involves
carrying out the punishment as prescribed by law.
Legal Framework:
 Sections 413 to 417 of the Code of Criminal Procedure (CrPC) govern the execution of
sentences in India.
Key Points:
1. Capital Punishment:
 In cases where the death penalty is imposed, the sentence is carried out by hanging by
the neck until the convict is dead.
2. Imprisonment:
 In cases of imprisonment, the convict is confined to a prison or correctional facility
for the prescribed duration of the sentence.
3. Forfeiture of Property:
 If the sentence includes forfeiture of property, the relevant assets may be confiscated
by the state.
Suspension of Sentences:
Definition:
 Suspension of sentence refers to the temporary postponement or halting of the execution of a
sentence by the competent authority.
Legal Framework:
 Section 389 of the CrPC provides for the power of the appellate court to suspend the
execution of the sentence pending appeal.
Grounds for Suspension:
 The appellate court may suspend the sentence if it is satisfied that the convict is likely to
suffer irreparable injury if the sentence is carried out before the appeal is decided.
Procedure:
 The convict or their legal representative must file an application for suspension of sentence
before the appellate court, which will consider the merits of the case and may grant interim
relief if deemed appropriate.
Remission of Sentences:
Definition:
  Remission of sentence involves reducing the period of imprisonment or the severity of the
punishment imposed by the court.
Legal Framework:
 Sections 432 to 435 of the CrPC deal with the power of the appropriate government to grant
remission of sentences.
Grounds for Remission:
 Remission may be granted on various grounds, including good conduct, rehabilitation, and the
convict's contribution to society.
Procedure:
 The convict may apply for remission of sentence to the appropriate government authority,
which will consider the application based on the merits of the case and applicable legal
provisions.
Commutation of Sentences:
Definition:
 Commutation of sentence involves the substitution of one form of punishment for another less
severe form.
Legal Framework:
 Sections 433 and 433A of the CrPC provide for the power of the appropriate government to
commute sentences.
Grounds for Commutation:
 Commutation may be granted on various grounds, including humanitarian considerations,
mitigating circumstances, and the principle of justice.
Procedure:
 The convict may apply for commutation of sentence to the appropriate government authority,
which will consider the application based on the merits of the case and applicable legal
provisions.

Appeals, Reference and Revision, Inherent Power of Court, Transfer of Criminal Cases, Plea
Bargaining
The Criminal Procedure Code (CrPC), 1973, provides a comprehensive framework for appeals,
references, revisions, inherent powers of courts, transfer of criminal cases, and plea bargaining in the
Indian criminal justice system. Here's an overview of each:
a. Appeals
Definition:
 An appeal is a legal process by which a party seeks a formal change to an official decision.
Legal Framework:
  Sections 372 to 394 of the CrPC govern appeals in criminal cases.
Types of Appeals:
1. Appeal Against Conviction:
 Section 374: An accused can appeal to a higher court against a conviction and
sentence passed by a lower court.
 Appeals from Sessions Court to High Court.
 Appeals from Magistrate's Court to Sessions Court.
2. Appeal Against Acquittal:
 Section 378: The state government can appeal against an order of acquittal passed by
a lower court.
3. Appeal for Enhancement of Sentence:
 Section 377: The state government can appeal for the enhancement of a sentence if it
is considered inadequate.
4. No Appeal in Certain Cases:
 Section 376: No appeal in petty cases where a sentence is below a certain threshold
(imprisonment for a term not exceeding six months, or a fine not exceeding one
thousand rupees, or both).
e. Reference and Revision
Reference:
 Definition: A reference is made to a higher court by a lower court for guidance on a legal
question.
 Legal Framework:
 Section 395: A lower court may refer a case to the High Court if it is of the opinion
that the case involves a question of law of general importance.
 Procedure:
 The lower court submits the question to the High Court, which provides its opinion.
Revision:
 Definition: A revision is the re-examination of a case by a higher court to correct a
miscarriage of justice.
 Legal Framework:
 Sections 397 to 405 of the CrPC govern revisions.
 Key Points:
 Section 397: The High Court or Sessions Court can call for and examine the record of
any proceeding before any inferior court to ensure the correctness, legality, or
propriety of any finding, sentence, or order.
  Section 401: The High Court has the power to exercise revisionary jurisdiction to
ensure justice is met.
b. Inherent Power of Court
Definition:
 The inherent power of a court refers to its ability to act ex proprio motu (of its own accord) to
ensure justice is served.
Legal Framework:
 Section 482 of the CrPC: Provides inherent powers to the High Court to make such orders as
may be necessary to:
 Give effect to any order under the CrPC.
 Prevent abuse of the process of any court.
 Secure the ends of justice.
Examples:
 Quashing of FIRs or criminal proceedings to prevent misuse of the judicial process.
c. Transfer of Criminal Cases
Definition:
 Transfer of criminal cases involves moving a case from one court to another to ensure a fair
trial or for administrative reasons.
Legal Framework:
 Sections 406 to 412 of the CrPC govern the transfer of criminal cases.
Types of Transfers:
1. Transfer by Supreme Court:
 Section 406: The Supreme Court can transfer cases from one High Court to another
or from one subordinate court to another in different states.
2. Transfer by High Court:
 Section 407: The High Court can transfer cases from one subordinate court to another
within its jurisdiction.
3. Transfer by Sessions Judge:
 Section 408: The Sessions Judge can transfer cases from one Criminal Court to
another within his sessions division.
Grounds for Transfer:
 Fair trial considerations (e.g., bias, prejudice, or threat to the accused).
 Administrative convenience (e.g., transfer for better case management).
d. Plea Bargaining
Definition:
  Plea bargaining is a process where the accused agrees to plead guilty to a lesser charge or to
one of multiple charges in exchange for a lighter sentence or other concessions.
Legal Framework:
 Sections 265A to 265L of the CrPC govern plea bargaining.
Key Points:
1. Eligibility:
 Available for offenses that do not attract the death penalty, life imprisonment, or a
sentence exceeding seven years.
 Not applicable to cases involving socio-economic offenses or offenses against women
or children below the age of 14.
2. Procedure:
 The accused must voluntarily file an application for plea bargaining.
 The court examines the accused in-camera to ensure the plea is voluntary.
 If the court is satisfied, it may issue a notice to the public prosecutor, the investigating
officer, and the victim, if any.
 A mutually satisfactory disposition is worked out and submitted to the court.
 The court may award the sentence based on the agreement.
3. Benefits:
 Reduces the burden on courts.
 Provides a faster resolution for the accused.
 Ensures some form of punishment and restitution.