A BIRD’S EYE VIEW OF
DIFFERENT TYPES OF CASES AND DIFFERENT STAGES OF TRIAL IN DIFFERENT CRIMINAL COURTS.
(Main points:
Material for plea/Charge, plea or Charge, evidence for the Prosecution, 313 Cr.
P.C. Exam. of accused, Evidence in defence by the accused, arguments from both
the sides, Delivery of Judgement.)
Preliminary stage after commission of crime:
(i) Lodging of F.I.R. (S.154) or complaint at the P.S. by the Complainant
in cognizable cases leading to
investigation and filing of a Charge sheet
resulting in filing of Prosecution Report (PR) or Charge Sheet or (ii) The complainant approaches the Court of a
Chief Judicial Magistrate to lodge a Complaint.
On receipt of a Police Report, if the CJM
finds materials of commission of an Offence, he takes cognizance of the offence and after supplying copies of the
evidence to the accused, Commits the case to a Sessions Court (If the Offence
is triable by a Sessions Court) and if the offence is triable by a Magistrate,
he either tries the case himself or sends it to a court of any other Judicial
Magistsrate for trial. A magistrate can also send a private complaint u/Sec.156(3) of the Cr.P.C. to the
Police for investigation directing him to treat the same as an F.I.R.
In the case of private complaint, he examines the witnesses (All witnesses if the
complaint is regarding a Sessions Triable case and only a few witnesses in
other cases) u/Sec.200 Cr.P.C. and peruses the documents produced before taking
cognizance of the Offence). In case an offence triable by a Court of Sessions,
he Commits the case to a Court of Sessions for Trial and if the offence is
triable by a Court of Judicial Magistrate he after taking cognizance, either
tries the case himself or transfers the case to any other Magistrate for trial.
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TRIAL BEFORE A COURT OF SESSIONS
(Chapter XVIII Secs.225 to 237
of the Cr.P.C.)
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WARRANT
TRIABLE CASES IN THE COURT OF A JUDICIAL MAGISTRATE.
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SUMMONS
TRIABLE CASES IN THE COURT OF A JUDICIAL MAGISTRATE (Chapter xx).
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IN A POLICE CASE
(Chapter XIX A. Secs.238 to 243 of the
Cr.P.C.)
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In Private Complaint cases
( Chapter XIX B. Secs.244 to
247 of the Cr.P.C.)
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On submission of Prosecution Report (PR) after permission of
Magistrate’s u/Sec.155(2) Cr.P.C.
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Private complaint case
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Opening of the case by the Public Prosecutor and Framing of Charge in Writing by the
Sessions Judge is done u/S.228
of the Cr.P.C. if the evidence discloses Sessions triable case or the case is
sent back to the CJM or accused discharged if no material of any offence.
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Framing up of a Charge Sheet
by the Judicial Magistrate after perusing the Case Diary (CD), OR
discharge of the accused if there be no material U/Sec. 240 of the Cr.P.C. and
conviction of the accused u/Sec.241 of
the Cr.P.C. if he pleads guilty.
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Evidence before charge is recorded by the Magistrate u/Sec.244 of the Cr.P.C.
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After perusing the PR if there is material, a PLEA u/Sec.251 of the CrP.C. is made (Allegations of the
offence read over and explained to the accused) No Charge in writing is framed
followed by conviction on plea of guilt u/Sec.252 Cr.P.C.
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After perusing the complaint if there is material, a PLEA u/Sec.251 of the CrP.C. is
made (Allegations of the offence read over and explained to the accused) No
Charge in writing is framed conviction on plea of guilt u/Sec.252 Cr.P.C.
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Evidence for the Prosecution
u/Sec.230 of the Cr.P.C.
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Evidence for the Prosecution
u/Sec.242 of the Cr.P.C.
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Evidence for the Prosecution
i.e. the Complainant u/S.244 of the Cr.P.C. followed by
(1) Framing up of Charge if the evidence before charge reveals
commission of any Crime.
(2) Evidence after framing of
charge u/Sec.246 of the Cr.P.C. (it includes further cross Exam. of
witnesses already examined earlier Before charge and examination and xEx. of
additional witnesses, if any.
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Evidence of the prosecution
u/Sec.254(1) of the Cr.P.C. if the accused does not plead guilty to the
allegation.
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COMMON TO ALL TYPES OF TRIAL: Examination of the accused u/Sec. 313
of the Cr.P.C. in c.w. the evidence adduced against him by the Prosecution
and his excuse or explaination regarding the same is recorded.
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Evidence if any in defence by the accused u/Sec.233 of the Cr.P.C.
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Evidence if any in defence by the accused u/Sec.243 of the Cr.P.C.
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Evidence if any in defence by the accused u/Sec.247 of the Cr.P.C.
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Evidence if any in defence by the accused u/Sec.254(1) of the Cr.P.C.
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Common: Hearing of arguments of both the sides and delivery of Judgement
of acquittal or conviction by the Court. In the event of conviction, the
Judge shall examine before passing any sentence, if the benefit of Sec.360 of
the Cr.P.C.or The Probation of Offender’s Act, 1958 can be extended to the
accused or not AND Examination of the convict accused on the question of
sentence if such benefit u/S.360 the Cr.P.C. or Probation of Offender’s Act is not extended. The judge may also
examine the question of payment of compensation u/Sec.357 of the Cr.P.C. to the victims.
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Cognizable
offence: Sec.2(c) “Cognizable offence” means
an offence for which, and “Cognizable
case” means a case in which a police officer may in accordance with the first Schedule or
under any other law for the time being in force may arrest without warrant.
Sec. 2(w) “Summons case” means a case relating to
an offence, and not being a warrant case.
Sec.2(x) “Warrant Case” means a case relating to
an offence punishable with death, imprisonment for life or imprisonment for a
term exceeding two years.
