Criminal trial basically is divided into two part:
- Trial before a Court of Session (section 225 to 237 CrPC)
- Trial by Magistrates: in case of Magistrate trial it further divided into two ways
- Case instituted on a police report (section 238 to 243 CrPC)
- Case instituted other than police report (Section 244 to 247)
Trial Before A Court of Session (Section 225 to 237 CrPC)
Sec.225-237 of the Code of Criminal Procedure, 1973 substantially deals with the procedure for trial before a Sessions Court.
Firstly the public prosecutor conducts the case and explains the court about charges or allegations against the accused. It is the right of the accused to get all the documents or copies in perusal of the case.
After hearing the both prosecution as well as accused, if the judge considers that there is no case against the accused by prosecution, he will discharge the accused vide Sec.227 of CrPC.
But if on hearing there is presumption of offence than the court shall frame the charge under section 228
If the Court of Session cannot exclusively hold the trial, meaning thereby another court has the jurisdiction to try this case at hand, then session court shall transfer the case to the appropriate CJM or JM of First Class [228(1)(a)]
If that Court of Session can exclusively try the matter at hand, charges in writing by the court shall be framed [228(1)(b)]
U/s 228, another important point to note is that if charges are framed as above given, they are to be explained to the accused in the language and manner he will understand. Then, the accused will be asked if he pleads guilty to the offenses he is charged with or not [(228(2))].
If under section 229, accused plead guilty of an offense either himself or if allowed to appear by a pleader, then through him, in unambiguous terms. He can be convicted. If a conviction is done, then any right of appeal against such conviction stands curtailed.
If no such pleading or conviction u/s 229 is made/done, the court vide Sec.230 shall fix a date for examination of witnesses or may compel the attendance of any witness or production of any documents the prosecution may need.
U/s 231, Judge shall proceed to take all the evidences produced and allow cross-examination. The court may acquit the accused under section 232, if on hearing the prosecution, no evidence appears before the court which shows that offence is committed by accused.
Under Sec. 234 prosecution submits his closing arguments on completion of defence witteness under section 233 and accused is also entitled to submit his reply or closing arguments.
After hearing both the party judge passes the judgment and upon conviction, u/s 235, the accused shall be heard with regard to the sentence and then will be sentenced unless Sec. 360 of CrPC applies.
Lastly, Sec. 237 deals with procedure in cases of defamation of high dignitaries and public servants to prevent vindication of the conduct of such officials. However, provision for compensation to the accused to prevent false accusation is made as well.
Trial by Magistrates: Case instituted on a police report (section 238 to 243 CrPC)
Warrant-cases define under 2(x) means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Section 238 states that, when the warrant case is instituted on police report, firstly the Magistrate would satisfy himself that section 207 is duly complied on presentation of accused.
The Magistrate would examine the police report and the documents sent with it under section 173, and if necessary, may examine the accused; and may hear the prosecution as well as the accused on the whole case. Thereafter, if the Magistrate considers the charge against the accused to be groundless, he would discharge the accused, and record his reasons for so doing under Section 239,
And if not discharge then the next step is Framing of charge under section 240, if the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he would proceed to frame in writing a charge against the accused. The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence, charged or claims to be tried.
If the accused pleads guilty, the Magistrate would record the plea and may, in his discretion, convict him thereon under Section 241
Section 242: Evidence for prosecution: If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused, the Magistrate shall fix a date for the examination of witnesses. The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution. Provided that the Magistrate may permit the 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. The defence/accused shall also get his chance to produce his evidence or witness under section 243.
Trial by Magistrates: Case instituted other than police report (Section 244 to 247)
Cases instituted other than on a police report, on appearance of accused the Magistrate shall proceed to hear the prosecution or allegation against the accused and also take all the necessary evidence in support of prosecution under section 244.
The Magistrate has power under 245 to discharge the accused on hearing of both the side prosecution as well as accused. If the magistrate does not find any evidence or any reason to frame charge against the accused, he shall be discharge. The Magistrate shall record the reason to discharge the accused.
Or in contrary to this, if the Magistrate founds presumption against the accused he shall frame the charges against the accused in writing under section 246.
Charge shall be read to the accused and will be asked if he pleads guilty to the offenses he is charged with or not.
If he wishes to plead the Magistrate shall call the witness and discharge upon examination, cross-examination and re-examination.
