Criminal Trials admin June 9, 2023
Process Of Criminal Trial By Magistrate Or Sessions Court

The trial in the warrant case initiates after filing an FIR in the police station or filing a complaint to the magistrate. After the whole process, a final report is submitted to the magistrate by the police as the chargesheet for the commencement of trial. Our experts guide clients on pre-trial procedures and trial procedures.

Stages of Trial:
  1. Framing of charges
  2. Plea of guilty
  3. Evidence of prosecution
  4. Statement of accused
  5. Defense evidence
  6. Final Arguments
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Overview

In a criminal trial, the judge carefully examines the evidence presented in order to determine the guilt or innocence of the accused. Chapter XVIII of the Code of Criminal Procedure outlines the procedure followed in trials before a Sessions Court. The Sessions Court refers to the District Court that has jurisdiction over criminal matters under the Code of Criminal Procedure, 1973. Depending on the seriousness of the offense, criminal cases are classified as summons cases or warrant cases.

This article provides an overview of the different types of trials conducted before the Sessions Court and the Courts of Magistrate. It discusses the specific procedures followed by the Sessions Court in conducting criminal trials. Additionally, it covers the procedural aspects of criminal trials conducted by the Courts of Magistrate.

It is important to note that the specific procedures and practices may vary slightly depending on the jurisdiction and the specific provisions of the Code of Criminal Procedure. Legal experts can provide detailed guidance on the procedure and requirements for criminal trials in the respective courts.

Types Of Trial

Warrant cases can be tried by both the Court of Session and Magistrates. When an offense is of a serious nature, it is triable by the Court of Session. On the other hand, less serious offenses are triable by the Courts of Magistrates. Generally, the Magistrate takes cognizance of the offense and determines whether it should be tried by the Court of Session. If the Magistrate finds that the case falls within the jurisdiction of the Court of Session, it will be committed to that court.

Criminal trials can be categorized into four types:

  1. Trial before the Court of Session: This type of trial is conducted when the offense committed is punishable with imprisonment of seven years or more, life imprisonment, or the death penalty. The Court of Session does not have the power to take cognizance of the offense directly, so the Magistrate who takes cognizance of the offense will commit it to the Court of Session.
  2. Trial of warrant cases by Magistrates: Warrant cases involve offenses punishable with imprisonment exceeding two years, life imprisonment, or the death penalty. The trial in a warrant case begins with the filing of an FIR or by filing a complaint before the Magistrate.
  3. Trial of Summons cases by Magistrates: Summons cases are those where the offense is punishable with imprisonment of fewer than two years. The trial of these cases is also conducted by Magistrates.
  4. Summary Trials: Summary trials are meant for the speedy disposal of petty cases. The trial process is simplified, and the trial is recorded summarily.

It’s important to note that the procedures and requirements for each type of trial may vary, and legal experts can provide specific guidance based on the applicable laws and jurisdiction.

Process Of Criminal Trial Before Court Of Session (Section 225- 237)

As previously mentioned, criminal matters are handled by the Sessions Court at the district level. Since the Court of Session does not have the power to take cognizance, it is the duty of the Magistrates to take cognizance of the offense and, upon examination, commit or forward the case to the Court of Session. The process of trial before the Court of Session is outlined in sections 225 to 237 of the Code of Criminal Procedure.

  1. Opening case for the prosecution: The trial before a Court of Session is conducted by a Public Prosecutor. The prosecutor presents the case by delivering an opening statement, explaining the charges against the accused and the evidence on which they intend to prove the guilt.
  2. Discharge: If the judge believes that there are insufficient grounds to proceed against the accused, they may discharge the accused. The judge examines the documents, records, and hears both the accused and the prosecution. It is important for the judge to provide reasons for the discharge, allowing for review by higher courts.
  3. Framing of Charge: If the judge, after examining the documents, records, and statements of the prosecution and accused, finds sufficient grounds for proceeding, they can proceed to frame charges. Charges are framed when the offense is exclusively triable by the Court of Session. If the case falls outside the jurisdiction of the Court, the judge can frame charges and transfer the case to the Chief Judicial Magistrate or Judicial Magistrate First Class. It is not mandatory for the judge to provide reasons for framing charges.
  4. Explaining the charge: The judge reads and explains the charges to the accused and asks whether they plead guilty or not guilty.
  5. Conviction on plea of guilty: The accused can either plead guilty or not guilty. If the accused does not plead guilty and chooses to be tried, the judge fixes a date for examining the witnesses and issuing processes to compel their attendance.
  6. Evidence for prosecution: Evidence is taken in the presence or absence of the accused during the trial. However, if the presence of the accused has been dispensed with, evidence can be taken in the presence of their pleader.
  7. Examination of witnesses: After taking evidence, the judge proceeds to examine and cross-examine witnesses, and may recall witnesses for further cross-examination.
  8. Record of the Evidence: The judge records the evidence given by each witness.
  9. Verdict: After examining the statements of the accused and the evidence provided by the prosecution, if the defense of the accused fails, they will be held guilty. If the prosecution fails to prove the case, the accused will be acquitted.
Process Of Trial Of Warrant Case By Magistrates (Section 238-250)

Chapter XIX, Section 23-250 of the Code of Criminal Procedure deals with the trial of warrant cases by Magistrates. Warrant cases are categorized into two types:

  1. Case instituted by the police report: When the police file a report regarding an offense, the case is instituted based on their report.
  2. Case instituted other than a police report (Private Complaint): When a complaint is filed by an individual other than the police, such as a private complainant, the case is instituted based on that complaint.

The process of trial in warrant cases before the Magistrates is as follows:

  1. Compliance with Section 207: The Magistrate ensures that a copy of the police report is supplied to the accused. This allows the accused to be aware of the allegations made against them.
  2. Discharge of accused: If the Magistrate finds that there are no sufficient grounds to proceed against the accused, they may discharge the accused. The Magistrate examines the report and other documents submitted and conducts a hearing where both the prosecution and the accused have the opportunity to present their case.
  3. Framing of charges: If the Magistrate believes that there are sufficient grounds to proceed against the accused, they will frame charges for the offense committed by the accused.
  4. Private complaint: If the case is instituted based on a private complaint, the prosecution must satisfy itself with evidence and issue summons to witnesses for their attendance in court or for producing any relevant documents.
  5. Discharge in private complaint: If the Magistrate finds no sufficient grounds to proceed against the accused based on the private complaint, the court shall discharge the accused.