STAGES OF TRIAL IN A CRIMINAL COURT.

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.

 

TRIAL BEFORE A COURT OF SESSIONS

(Chapter XVIII Secs.225 to 237 of the Cr.P.C.)

WARRANT TRIABLE CASES IN THE COURT OF A JUDICIAL MAGISTRATE.

SUMMONS TRIABLE CASES IN THE COURT OF A JUDICIAL MAGISTRATE (Chapter xx).

IN A POLICE CASE

 

 (Chapter XIX A. Secs.238 to 243 of the Cr.P.C.)

In Private Complaint cases

 

( Chapter XIX B. Secs.244 to 247 of the Cr.P.C.)

On submission of Prosecution Report (PR) after permission of Magistrate’s u/Sec.155(2) Cr.P.C.

Private complaint case

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.

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.

Evidence before charge is recorded by the Magistrate u/Sec.244 of the Cr.P.C.

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.

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.

Evidence for the Prosecution u/Sec.230 of the Cr.P.C.

Evidence for the Prosecution u/Sec.242 of the Cr.P.C.

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.

Evidence of the prosecution u/Sec.254(1) of the Cr.P.C. if the accused does not plead guilty to the allegation.

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.

Evidence if any in defence by the accused u/Sec.233 of the Cr.P.C.

Evidence if any in defence by the accused u/Sec.243 of the Cr.P.C.

Evidence if any in defence by the accused u/Sec.247 of the Cr.P.C.

Evidence if any in defence by the accused u/Sec.254(1) of the Cr.P.C.

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.

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.

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