Trial Before Court of Session Under CRPC

trial-before-court

Section 225- Trial to be conducted by Public Prosecutor.

In Court of Session shall be conducted by Public Prosecutor.

Section 226- The opening case for the prosecution.

When accused appears or brought after commitment U/S. 209, the prosecutor shall open his case by describing the charge and by giving evidence by which he proposes to prove the guilt of the accused.

Section 227- Discharge.

After considering police report, documents and listening prosecution and accused, if Judge considers that no sufficient grounds exist against accused, he shall discharge accused after recording reasons.

Section 228- Framing of charge.

  1. If the judge is of opinion that sufficient grounds exist then charge will be framed and when the accused has committed an offence which.
  2. Not exclusively triable by Session court- he may frame charge and transfer case to CJM or JM 1st class and give directions to then regarding the trial.
  3. Exclusively triable by Court- frame charge in writing against accused.

Session Trial (225-236)

  1. FIR
  2. Complaint
    1. Police report U/S. 173(2).
      • Cognizance by Magistrate.
      • Committal to Session Court U/S. 209 (Cr.G.R 39& 40) (After committal Session Court can take cognizance.)
      • Charge arguments
    2. Discharge U/S. 227.
    3. Framing of charges U/S. 228.
      • Conviction on the statement of pleading guilty U/S. 229.
      • Accused claims to be tried to the final date of prosecution     U/S. 230.
        • Evidence in favour of prosecution U/S. 231.
        • Statement of accused U/S. 313.
      • Acquittal U/S. 132. (Without taking evidence of the defence.)
      • Entering upon defence U/S. 233.
        • Entering upon defence U/S. 233.
        • Final Arguments U/S. 234.
        • Section 235 Judgment.
      • Acquittal.
      • Conviction
        • to listen on Question of sentence U/S. 235(2)
        • To levy change for enhanced punishment in post-conviction on basis of previous conviction and to take evidence.
  • 220 Continues The Charge shall be read and explained to accused and he shall be asked whether he pleads guilty or claims to be tried.
  • 156(3). If 156(3) attracts then matter will move further as Police report U/S. 173(2)
  • Examination of complainant and witness U/S. 200 & 202.
  • Dismissal of complaint U/S. 203.
  • Cognizance by Magistrate U/S. 204 & 190.
  • Committal U/S. 209.
  • Pre charge evidence U/S. 214.
  • Discharge U/S. 227.
  • Framing of Charge U/S. 228.
  • Pre charge evidence is taken when a complaint is filed and order U/S. 173 has not been passed.

Section 229- Conviction on plea of guilty.

If accused pleads guilty- Judge shall record plea and May in his direction convict him. (Judge shall find whether he is pleading guilty under any force.)

Section 230- Date for the prosecution of evidence.

When accusing claims to be tried then:

  1. The judge shall fix a date for the examination of witnesses of the prosecution.
  2. On the application of the prosecution process (summon) will be issued for taking evidence.

Section 231- Evidence for prosecution. (R.W. Section 276 Crpc S. 137,138 Evidence Act.)

  1. The judge shall take all such evidence produced in support of the prosecution.
  2. The judge may permit cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Section 232- Acquittal (Practically it is exercised after statement recorded in 313)

After taking evidence for the prosecution, examining accused and having prosecution & defence, if Judge considers that there is no evidence commission of the offence by accused, acquittal will be done.

Section 233- Entering upon defence.

  1. When accused is not acquitted U/S. 232, he shall be called to enter on his defence and adduce any evidence.
  2. If accused puts written statement- Judge shall file it with the record.
  3. If accused applies for the issue of process for compelling attendance of witness or production of thing or document- Judge shall issue process unless he considers that application is made for purpose of vexation or delay or for defeating ends of justice.

Section 234- Arguments.

(R.W. Section 314, general provisions regarding the trial.)

  1. When the examination of a witness is completed. Prosecutor shall sum up his case and accused or pleader is entitled to reply.
  2. When any point of law is raised by accused or his pleader, the prosecution may with permission of Judge make his submissions with regard to such point of law.

Section 235- Judgment of acquittal or convictions.

  1. After having arguments and points of law Judge shall give judgment.
  2. Judgment
    • Acquittal.
    • Conviction.
      • If convicted accused will be heard on the question of sentence and then pass sentence on him according to law.

Section 236- Previous conviction.

Where a previous conviction is charged U/S. 211(7) and accused does not admit that he has been previously convicted, Judge may take evidence in respect and shall record finding. No evidence shall be taken U/S. 236 unless and until accused has been convicted U/S. 229 OR 235.

Section 237- Procedure in cases instituted U/S. 199(2).

  1. Session court shall take cognizance.
  2. The trial will be done as done in the warrant (S.244-247) instituted otherwise than on police report.
  3. Camera trial shall be held on the desire of either party or court thinks the title to do so.
  4. If the court considers that there is no reasonable cause for making the accusation, it may order for discharge or acquittal and direct the person against whom the offence was alleged to have been committed to showing because why he should not pay compensation to such accused.
  5. Court after recording any cause shown by the person so directed and after satisfying that there was no reasonable cause for making the accusation, may make an order that compensation of not exceeding 100 INR be paid by such person to accused.
  6. Compensation shall be recovered as it was fine imposed by Magistrate.
  7. No person if pays compensation, be exempted from civil or criminal liability.
  8. Amount paid as compensation shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
  9. An appeal against the compensation order can be done in HC.
  10. When the order of compensation is made, compensation shall not be paid before the period allowed for presentation of appeal has elapsed or if the appeal is presented, before the appeal has been decided.
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