How Session Trial Is To Be Conducted Under The Code of Criminal Procedure, 1973 ? -[Section 225-237]
The Code of Criminal Procedure, 1973 divides criminal trials into Magisterial trial and Sessions trial. A session trial is coupled with arguments, evidence and cross-examinations dealt under
Sec 225-237 of The Code of Criminal Procedure, 1973.
Trial to be conducted by Public Prosecutor
Section 225 of the Code lays down that the case of prosecution shall be conducted by a Public Prosecutor where the trial is before a Court of Session.
Opening case for prosecution
As per section 226 of the Code requires a public prosecutor to open his case by describing the charges against the accused and must also state the evidence through which the prosecution will prove the guilt of the accused.
Under Section 227 of The Code of Criminal Procedure, 1973, If upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Framing of charge
According to Section 228(1) of the Code of Criminal Procedure, after considering the record of the case and after hearing the parties, if the Court considers that there is ground for presuming that the accused has committed an offence which -
(a) Is not exclusively the Court of Session can took trial, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) Is exclusively the Court can took trial , he shall frame in writing a charge against the accused.
As per section 228 (2) of Cr.P.C., every charge framed shall be read and explained to accused.
Conviction on plea of guilty
As per section 229 of Cr.P.C,If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
Date for prosecution evidence
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229,then under section 230 of the code, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
Evidence for prosecution
Under Section 231 of The Code of Criminal Procedure, 1973, The prosecution must produce all the evidence essential to the unfolding of the prosecution case. It is not necessary that every witness must be examined even though his evidence may not be very material or it is known that he has been won over or terrorized.
A judge under section 231 (2) may defer the cross-examination of any witness and may also recall any witness for further cross-examination.
Under section 232 of the Code, an accused can be acquitted if the Court after hearing both the parties and considering all the evidence, considers that there no evidence which proves the commission of the alleged offence by the accused.
Entering upon defence [Section 233]
Where the accused is not acquitted under section 232 he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
If the accused puts in any written statement, the Judge shall file it with the record.
If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
Under section 234 of the Code, When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Judgment of acquittal or conviction
A Court after hearing the arguments shall pronounce the judgment under section 235 of the Code. An accused may be either acquitted or convicted. The acquittal will be done as per the procedure embodied under section 232 but the judgment for conviction will be pronounced in accordance with section 235.
If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.
Previous conviction [ Section 236]
In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted said accused under section 229 or section 235, take evidence in respect of. The alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.
Procedure in cases instituted under section 199(2)
Under Section 237 of The Code of Criminal Procedure, 1973 -
1. A Court of Session taking cognizance of an offence under Sub-Section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
2. Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
3. If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union Territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
4. The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
5. Compensation awarded under Sub-Section (4) shall be recovered as if it were a fine imposed by a Magistrate.
6. No person who has been directed to pay compensation under Sub-Section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
7. The person who has been ordered under Sub-Section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
8. When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed or, if an appeal is presented, before the appeal has been decided.
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