A BIRDS EYE VIEW OF THE STAGES OF TRIAL BEFORE A CRIMINAL COURT

A BRIEF GLIMPS OF THE MAIN STAGES OF A CRIMINAL TRIAL

S.  No

    Trial before the Court of a JUDICIAL MAGISTRATE,

S. No.

SESSIONS TRIABLE CASES

SPECIAL PROCEDURES

 

SUMMONS CASES

WARRANT TRIABLE CASE and SESSIONS TRIABLE CASES.

 

Filed by the Police

Filed by a private person.

STAGES

Complaint case filed by a Private person

Prosecution Report (PR)  filed by the Police

CASE FILED BY THE POLICE

CASE FILED BY A PRIVATE PERSON.

STAGES

The SESSIONS JUDGE HAS NO POWER TO TAKE COGNIZANCE OF A SESSIONS TRIABLE CASE, IF THE CASE IS NOT COMMITTED BY A JUDICIAL MAGISTRATE. IN ALL CASES TRIAL BEFORE THE SESSIONS COURT SHALL BE CONDUCTED BY THE PUBLIC PROSECUTOR.(Sec.225 Cr.P.C.)

SUMMARY TRIAL OF CASE BY A CJM, CMM OR CJ OR MM shall if so empowered shall be triad under Chapter XXI  Sec.260 to 265 of the Cc.P.C. 

 

 

 

 

 

 

      SIMILARLY A CASE COMMITTED U/Sec.199(2) of the Cr.P.C. SHALL BE TRIAD AS A WARRANT TRIABLE CASE BY THE SESSIONS JUDGE U/Sec.237 of the Cr.P.C.

1.

 Exam.

of the Complainant and other PWs u/Sec.200 of the Cr.P.C

Police Files Prosecution

Report (PR) against the suspects after permission u/Sec.155(2) of the Cr.P.C.

The Police files F.I.R., u/Sec. 154 of the Cr.P.C., before the Magistrate, may arrest the accused and produce before the Judcial Magistrate.

The complainant and some more witnesses examined u/S.200 as named in the Complaint. All witnesses if it is a Sessions Triable case.

1,

After Commitment u/S 209 Cr.P.C. by the Magistrate after supply of copies u/S 208 Cr.P.C., the Sessions Judge on receipt of the Records,  takes cognizance of the Offences if any offence triable by a Court of Sessions is made out.

2.

Magistrate takes Cognizance u/S.190  if a summons triable case is made out and issues summons Ss.201/202 of Cr.P.C.  or  J.M. dismisses the complaint u/Sec. 203 if no case is made out.

Magistrate Peruses the Material produced before him and takes cognizance of the offence if an offence is made out and issues summons. Treats the PR as a complaint case, if no permission u/Sec.155(2) of the Cr.P.C. is taken.

If the accused is produced under Arrest by the Police, the matter for bail u/Sec.437 of the Cr. P.C. is considered if a petition for bail is filed.

After exam. of the witnesses u/S 200 of the Cr.P.C., takes Cognizance of the offence and  if a Warrant or Sessions triable case is made out issues summons or W.A as the case may be against the accused

2.

On Production of the accused before the SESSIONS COURT, the PUBLIC PROSECUTOR OPENS HIS CASE BEFORE THE COURT. (Sec.226 of the Cr.P.C.

 

If no case made out, SESSIONS JUDGE shall discharge the accused u/Sec.227 of the Cr.P.C.

 

    If there are material to frame Charge,  but the same is not exclusively  triable by a Couthe Sessions Court, he may frame a Charge u/Sec.228(1)(a) of the Cr.P.C. and send the same for trial to the CJM or any other Magistrate for trial.

 

If there be materials for Sessions Triable case, frame Charge and ask the accused if he pleads guilty or claims to be tried.

If accused pleads guilty, he may in his discretion convict him u/S 229 Cr.P.C.

3.

On the next date copies of the PR to the accused are supplied and a date for plea is fixed.

The Police, if it completes investigation u/S.167 of the Cr.P.C. either files a Charge Sheet or a Final Report u/S 173 of the Cr.P.C.. The Magistrate then peruses the FIR, Charge Sheet, and other evidence collected by the I.O.. (investigating Officer)

Copies  are supplied to the accused , if not already supplied or sent along with the summons and or W.A.

3.

Thereafter if the accused does not plead guilty, date for examination of Prosecution witnesses is fixed (S.229 Cr.P.C) RATHER consecutive dates for PWs u/Sec.309 of the Cr.P.C. for day to day hearing are fixed ( 230 Cr.P.C.).

 

 

4.

On the next date, the accused is examined u/Sec.251 of the Cr.P.C. and the contents of the offences committed by him are explained to him verbally and recorded in the order sheet.

Takes Cognizance of the Offence if a Warrant triable or Sessions triable case is made out and arranges for supply of copies  u/S 207 of the Cr.P.C. to the accused persons. Accused is discharged if no offence is made out.

4.

On the date(s) so fixed, the SESSIONS JUDGE, proceeds to record evidence of prosecution witnesses (S.231 Cr.P.C.)

 

On completion of PWs, if no evidence against the accused to show he committed the offence, the Judge shall record an order of acquittal.

5.

Date for exam. of Prosecution Witnesses PWs is fixed. PWs are examined on the date fixed u/Sec.254 of the Cr.P.C..

After supply of copies, the case is taken up for trial. If  it be a Sessions Triable case, the Magistrate Commits the case to the Sessions Judge u/s 209 Cr.P.C. .

Prosecution witnesses are examined and cross-examined Before-Charge u/Sec.244 of the Cr.P.C.

 

Accused is discharged u/S 245 Cr.P.C. if no case against the accused is made out.

5.

Thereafter, the accused is examined u/Sec.313 of the Cr.p.c.

 5.

If no case made out on perusal of PR u/S 173, the accused is discharged u/S 239 of the Cr.P.C. otherwise a Charge is framed (241 Cr.P.C.). in case accused pleades guilty, he is convicted(241 Cr.P.C.)

Magistrate frames Charge against the accused u/Sec.245(1) of the Cr.P.C.

 

If accused pleads guilty he is convicted u/S 246(3) Cr.P.C.

6.

Then the accused is called upon to Enter upon Defence u/Sec.133 of the Cr.P.C.

 6.

 

Evidence for the Prosecution PWs (242 of the Cr.P.C. PWs as per Charge sheet examined.

Accused is allowed to cross Examine after Charge, such PWs  if he wishe to Cross-Examine any or all of them again. Then remaining PWs are examined, cross examined and discharged (246(6) Cr.P.C.)

 7.

ARGUMENTS U/SEC. 234 of the Cr.P.C.

 

 7.

313 Cr.P.C. Exam. of the Accused Persons.

 

 

 

DWs if any are examined if so desired by the accused u/S 254 Cr.P.C.

Evidence of Defence witnesses (DWs) if any u/S 243 Cr.P.C.

Evidence of Defence witnesses DWs u/Sec.247 of the Cr.P.C.

 8.

Judgement of acquittal or conviction u/Sec.235 Cr.P.C.

 

 

 8.

Arguments

ARGUMENTS

 9.

If convicted and the Sessions Court does not want to proceed u/Sec.360 of the Cr.P.C. or Sec.4 of the Probation of Offenders Act, the Sessions Judge shall hear the accused on the question of Sentence u/Sec.235(2) of the Cr.P.C.

 

  If convicted: A copy of the Judgement should be given to the convict free of cost and a copy thereof is required to be sent to the District Magistrate u/Sec.365 of the Cr.P.C.

 

 9.

Acquittal or Conviction subject to the provisions of S.325 and 360 Cr.P.C. or Sec.3 or 4 of the Probation of Offenders Act.

JUDGEMENT of acquittal or conviction subject to the provisions of S.325 and 360 Cr.P.C. or Sec.3 or 4 of the Probation of Offenders Act. If Magistrate does not follows 325 or 360 or P.O. Act, he is required to hear the accused on the question of Sentence u/S 248(2) of the Cr.P.C.

 

 

 

 

 

While convicting, a Judicial Magistrate or the Sessions Court should consider the question of awarding compensation to the victim u/Sec.357 of the Cr.P.C.

 

 

Comments