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    Trial Before A Court of Session - Section 225 To 237

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    shivani sharma
    The document outlines the procedure for trial before a Court of Session according to the Code of Criminal Procedure. It discusses the parties involved, opening the case, discharging the accused, framing charges, explaining charges to the accused, conviction upon guilty plea, setting prosecution evidence dates, acquitting the accused, calling the defense, final arguments, delivering the judgment, considering previous convictions, and specific procedures for trials involving defamation of public servants. Key aspects include the roles of the public prosecutor and accused's counsel, requirements for discharging or convicting the accused at different stages, and allowing the accused to enter a defense if not acquitted.

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    Trial Before A Court of Session - Section 225 To 237

    Uploaded by

    shivani sharma
    243 views3 pages
    The document outlines the procedure for trial before a Court of Session according to the Code of Criminal Procedure. It discusses the parties involved, opening the case, discharging the accused, framing charges, explaining charges to the accused, conviction upon guilty plea, setting prosecution evidence dates, acquitting the accused, calling the defense, final arguments, delivering the judgment, considering previous convictions, and specific procedures for trials involving defamation of public servants. Key aspects include the roles of the public prosecutor and accused's counsel, requirements for discharging or convicting the accused at different stages, and allowing the accused to enter a defense if not acquitted.

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    Trial Before a Court of Session_ Section 225 to 237

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    The document outlines the procedure for trial before a Court of Session according to the Code of Criminal Procedure. It discusses the parties involved, opening the case, discharging the accused, framing charges, explaining charges to the accused, conviction upon guilty plea, setting prosecution evidence dates, acquitting the accused, calling the defense, final arguments, delivering the judgment, considering previous convictions, and specific procedures for trials involving defamation of public servants. Key aspects include the roles of the public prosecutor and accused's counsel, requirements for discharging or convicting the accused at different stages, and allowing the accused to enter a defense if not acquitted.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    243 views3 pages

    Trial Before A Court of Session - Section 225 To 237

    Uploaded by

    shivani sharma
    The document outlines the procedure for trial before a Court of Session according to the Code of Criminal Procedure. It discusses the parties involved, opening the case, discharging the accused, framing charges, explaining charges to the accused, conviction upon guilty plea, setting prosecution evidence dates, acquitting the accused, calling the defense, final arguments, delivering the judgment, considering previous convictions, and specific procedures for trials involving defamation of public servants. Key aspects include the roles of the public prosecutor and accused's counsel, requirements for discharging or convicting the accused at different stages, and allowing the accused to enter a defense if not acquitted.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    ‭Trial before a Court of Session: section 225 TO 237‬

    ‭The code lays down the procedure for trial before a court of session as follows:‬

    ‭1.‬ ‭Parties (sec. 225):‬


    ‭●‬ ‭In a trial before a court of session, t‬‭he prosecution shall be conducted‬
    ‭by a public prosecutor.‬
    ‭●‬ ‭the accused has‬‭the right to hire a counsel of his choice‬‭and in case he‬
    ‭is unable to hire a lawyer, he will be assigned an attorney at the expense‬
    ‭of the State. Before the commencement of trial, it is required to provide‬
    ‭the accused with the copies of FIR, police report, etc.‬

    ‭2.‬ ‭Opening the case (sec. 226):‬


    ‭●‬ ‭The‬‭public prosecutor opens‬‭the case by describing the accusation‬
    ‭against the accused.‬
    ‭●‬ ‭He states‬‭briefly by what evidence, he proposes to prove the guilt.‬
    ‭●‬ ‭The prosecutor duty is not to secure a conviction but simply to lay the‬
    ‭facts of the case before the tribunal, which is to judge.‬

    ‭3.‬ ‭Discharge of the accused (sec. 227):‬


    ‭●‬ ‭After hearing from both parties‬‭if the court considers that there is‬‭no‬
    ‭sufficient ground‬‭to proceed against the accused,‬‭discharges‬‭him‬
    ‭and records the reason for doing so.‬

    ‭4.‬ ‭Framing of charge (sec. 228):‬


    ‭●‬ ‭After hearing from both parties‬
    ‭●‬ ‭if the court presumes that the‬‭accused might have committed the‬
    ‭offences:‬
    ‭i) frames a charge in writing, if the offence is exclusively triable by the‬
    ‭Court of Session.‬

    i‭i) If the offence is not triable exclusively by the session’s court, it frames‬
    ‭charge and transfers the case to the Chief Judicial Magistrate.‬

    ‭CASE: Kanti Bhadra Shah & anr v. State of West Bengal:‬


    ‭It was held in the case that while exercising power under Section 228 CrPC, the Judge‬
    ‭is‬‭not required to record his reasons‬‭for framing the charges against the accused.‬
    ‭ hawna Bai v. Ghanshyam & Ors.:‬ ‭the Supreme Court held While framing charges,‬
    B
    ‭only th‬‭e prima facie case has to be seen.‬‭At this stage, t‬‭he Judge is not required to‬
    ‭record a detailed order necessary to see whether the case is beyond reasonable‬
    ‭doubt .‬

    ‭5.‬ ‭Explaining the charge and enquiry about plea (sec. 228(2)):‬
    ‭●‬ ‭The contents of the charge have to be explained to the accused as to‬
    ‭enable him to plead guilty‬‭of the offence or claim to be tried‬

    ‭●‬ C
    ‭ ase:. In Banwari v. State of UP, the Court held that default in reading out‬
    ‭or explaining the charge to the accused would not vitiate the trial unless it‬
    ‭has been shown that non-compliance with Section 228 has resulted in‬
    ‭prejudice to the accused.‬

    ‭6.‬ ‭Conviction on plea of guilty (sec. 229):‬


    ‭●‬ ‭If the accused‬‭pleads guilty‬‭, the judge‬‭shall record the plea‬‭and may in‬
    ‭his discretion convict him thereon.‬
    ‭●‬ ‭It was held in‬‭Queen Empress v. Bhadu‬‭that the plea of guilty must be in‬
    ‭unambiguous terms otherwise such a plea is considered as‬
    ‭equivalent to a plea of not guilty.‬

    ‭7.‬ ‭Date for prosecution evidence (sec. 230):‬


    ‭●‬ ‭If the accused refuses to plead or does not plead or claims to be tried or‬
    ‭is not convicted under sec. 229,‬
    ‭●‬ ‭the judge‬‭shall fix a date for the examination or witness or may order‬
    ‭for the compelling appearance of any witness or production of a‬
    ‭thing/document.‬

    ‭8.‬ ‭Evidence for prosecution (sec.231‬‭)‭:‬‬


    ‭●‬ ‭It consists of two points:‬
    ‭●‬ ‭On the date so fixed as above, the‬‭judge takes all such evidence is‬
    ‭support of the prosecution.‬
    ‭●‬ ‭The judge may in his discretion,‬‭permit the cross examination of any‬
    ‭witness to be deferred(Postpone) until any other witness have been‬
    ‭examined or recall any witness for further cross examination.‬

    ‭9.‬ E
    ‭ xamination of the accused(313):‬‭It is to be made without administering oath.‬
    ‭It is to give an opportunity to him to explain the circumstances alleged against‬
    ‭him by prosecution.‬
    ‭10.‬‭Acquittal (sec. 232):‬‭After hearing from both parties if the‬‭judge considers‬‭that‬
    ‭the accused has‬‭not committed the offence‬‭,‬‭record an order acquitting the‬
    ‭accused.‬

    ‭11.‬‭Entering upon defence (sec. 233)‬‭:‬


    ‭●‬ ‭If the accused is not acquitted, he shall be called upon to enter on his‬
    ‭defence.‬
    ‭●‬ ‭The court may summon or examine at any stage any person as court‬
    ‭witness.‬

    ‭12.‬‭Final Arguments (sec. 234):‬‭see hand notes‬

    ‭13.‬‭Judgment of acquittal or conviction (sec. 235)‬‭:‬


    ‭●‬ ‭After hearing arguments from both the sides, the court delivers judgment‬
    ‭of acquittal or conviction.‬

    ‭●‬ S
    ‭ anta Singh v. State of Punjab: The Apex court held that‬‭the Judge‬
    ‭should‬‭first pass a sentence of conviction or acquittal. If the accused‬
    ‭is convicted he shall be heard on the question of sentence and only‬
    ‭then the Court shall proceed to pass a sentence against him.‬
    ‭14.‬‭Previous Conviction (sec. 236): .see hand written notes‬

    ‭ 5.‬‭Procedure of trial in case of defamation of public servants ( Sec 199(2) & Sec‬
    1
    ‭237 of Code of Criminal Procedure):‬

    ‭●‬ A ‭ ny offence tried under Section 199(2) of CrPC by the Sessions Court shall be‬
    ‭tried with the same procedure as of warrant cases on pr before a magistrate.‬
    ‭●‬ ‭Trials under this section should be held before camera (only if court permits).‬
    ‭●‬ ‭In case of discharge or acquittal of accused by the court, the Judge can order‬
    ‭direct the petitioner in this case to compensate the accused person.‬
    ‭●‬ ‭The amount of compensation should not exceed Rs. 1000.‬
    ‭●‬ ‭Compensation awarded is similar to a fine imposed by the Court.‬
    ‭●‬ ‭Paying compensation does not exempt anyone from civil or criminal liability.‬
    ‭●‬ ‭The person who is asked to pay compensation has a right to appeal to High‬
    ‭Court. The petitioner is not bound to pay compensation before the period to file‬
    ‭appeal elapses.‬

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