Trial before a Court of Session

(The Code of Criminal Procedure)

Submitted to

Submitted by

P Bayola Kiran

D Devendra Babu

Asst Professor, Crpc

Gitam School of Law
Gitam University

BBA LLb (Hons)

1232713111

Meaning of a trial:
Trial means it is a judicial determination of guilt, it is an important process to
determine whether the accused is guilty of offence or not.
Trials under CrPc (Section 225 to 265):
Criminal trials are classified on basis of seriousness of offence they are Warrant Cases
and Summons Cases. Warrant Cases are tried by Court of Session (S. 225 to 237) or by
Magistrate Court (S. 238 to 250) basing on gravity of offence, Summon Cases are tried by
Magistrate Court (S. 251 to 259) and Summary trials (S.260-265) here also basing on the
gravity of offence. When compared to Trial before Court of Session, trial by Magistrate Court
is liberal
Sessions Court:
District Court is referred to as Session Court when it exercises its jurisdiction on
criminal matters under Code of Criminal Procedure (CrPC)
As per Section 9 of Crpc the Court is established by the State Government for every
Sessions divisor the Court is presided over by a Judge, appointed by the High Court of that
particular state. The High Court may also appoint Additional Sessions Judges and Assistant
Sessions Judges in this court
Scope:
A Court of Session can take cognizance of offences only in accordance with schedule
one of the code, a magistrate of competent jurisdiction can take cognizance of an offence and
commit the case to the Court of Session for trial u/s 209, 322-324. All such cases shall tried
be Court of Session as per provisions laid down in section 226 to 236. Offences of
defamation of high dignitary, a public official, or under any extraordinary circumstances the
sessions court can take cognizance of such cases and trial u/s 237 of the code.
Essentials for trial to be conducted before Court of Session:
1) According to Section 225 in every trial before court the prosecution shall be
conducted by a Public Prosecutor, Public Prosecutor means any person appointed u/s
24 of the code and includes any person acting under the directions of a public servant.
2) According to Section 303 confers an important right on the accused person to be
defended by a counsel of his choice and in trial before a court of session, where the

accused cant engage a pleader or where it appears to the court that the accused cannot
engage a pleader then u/s 304 the court must provide him legal aid and also it has to
make timely arrangement for selecting and assigning a competent lawyer for defence,
and give him adequate time and facilities of the preparation of the defence
3) Section 207 & 208 require the Magistrate taking cognizance of the offence to supply
to the accused copies of certain documents like police report, First Information Report
(FIR), statements recorded by Police or Magistrate during investigating, etc., the
question whether the accused should be given the observation of interrogation In other
words in case of Shamshul Kanwar v. State of U.P 1 observations of investigating
officers are supposed to be given to the accused. However it is submitted that at the
court of session would and should at the commencement of trial, satisfy itself that
copies of documents have been furnished to accused as required by section 207 &
2082. In cases the copies were not supplied to the accused, the court would make
expeditious arrangement for the supply of the copies so that the accused gets adequate
and fair opportunity to prepare for his defence which is part of his right under article
21 of the constitution.3
Initial stages in trial:
1) Opening case for Prosecution: where the accused appears or is brought before the
court in pursuance of a commitment of the case under Section 209 the prosecutor shall
open is case by describing the charge brought against the accused and stating by what
evidence he proposes to prove the guilty of the accused (226) i.e. Public Prosecutor
has to give a brief summary of the evidence and the particulars of the witnesses by
which he proposes to prove the case against the accused person. However it is not the
duty of the Public Prosecutor to give full details in the open of the case4
2) Discharge: 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
1 (1995) 4 SCC 430
2 Criminal Procedure, R V Kelkar, Eastern Book Company, Lucknow, 6 th Edition,
pg. 525
3 ibid
4 R.W. Harcos v. State of West Bengal, 1975 Cri LJ 1256

processing against the accused, he shall discharge the accused, he shall discharge the
accused and record his reason for doing so (S. 227). Sufficiency of ground depends
upon the evidence recorded by the police or other documents produced before the
court5. In Union of India v. Prafulla Kumar Samal 6 Supreme Court has made 4
principles for discharging the accused under section 227
a) That the judge while considering the question of framing the charges has the
undoubted power to sift and weight the evidence for the limited purpose of finding out
whether or not a prima facie case against the accused has been made out
b) Where the material placed before the court disclosed grave suspicion against the
accused which has not been properly explained.
c) Test to determine a prima facie case would naturally depends upon the facts of each
case and it is difficult to lay down a principle rule of universal application. If it
appears to the judge a grave suspicion on the face of it, he will be fully within his
right to discharge the accused
d) In exercising of jurisdiction u/s 227 the judge who under the this code is a senior and
experienced court cant act merely as a post office or a mouthpiece of the prosecution
but has to consider the broad probabilities of the case, the total effect of the evidence
and the documents produced before the court, any basic infirmities appearing in the
case and so on. This however, does not mean that the judge should make a roving
inquiry into the pros and cons of the matter and weight the evidence as if he was
conducting a trial.
3) Framing of charges: If it appears to the judge that there is ground for presumption that
the accused has committed an offence which is not exclusively triable by Court of
Session then
a) Court shall frame the charges against the accused and transfer the case for trial to the
Chief Judicial Magistrate of any other Judicial Magistrate of first class whichever is
deem fit and upon such magistrate shall try the offence in accordance with the
procedure for the Trial of Warrant cases instituted on a police report.7
b) If it is exclusively triable by the court, he shall frame in writing a charge against the
accused (S. 228(1))
4) Explaining the charge to the accused: Where the offence is exclusively triable by the
Court of Session and a charge has be framed in writing against the accused a
5 Union of India v. Prafulla Kumar Samal, (1979) 3 SCC 4
6 (1979) 3 SCC 4
7 Ins. By the Code of Criminal Procedure (Amendment) Act, 2005 wef 23-06-2006

mentioned above in Section 228(1), the charge shall be read and explained to the
accused. The accused shall then be asked whether he pleads guilty of the offence or
claims to be tried. The default in reading out or explaining the charge to the accused
would not, however, vitiate the trial unless it can be shown that the non-compliance
with Section 228(2) has resulted in causing prejudice to the accused.
5) Conviction on Plea of Guilty: If the accused pleads guilty, the Judge shall record the
plea and may, in his discretion, convict his thereon (S. 229) If the accused want to
plead guilty he should do so personally and not through his pleader, but now he is
allowed to appear by his pleader, the accused may plead guilty through his pleader.
The plea of guilty must be in unambiguous terms, otherwise such a plea is considered
as equivalent to a plea of not guilty 8. Where the statements purported to be the plea of
guilty were not fully, fairly and adequately recorded by the magistrate, the conviction
based on the alleged plea of guilty was set aside and the case shall sent back for
retrial.9
6) Date of Prosecution Evidence: If the accused refused to plea or does not plead guilty
or claims to be tried or is not convicted under section 229, the judge shall now give
schedule i.e., he fix a date for the examination of witnesses, or may order for
compelling appearance of any witness or the production of any document or thing.
(S.230)
Evidence of prosecution:
1) Examination of Witness: On the date so fixed, the judge shall proceed to take all such
evidence as may be produced in support of the prosecution (S. 231(1)), here the
evidence means as defined in section 3 of the Evidence Act, 1872
2) Record of the Evidence:
a) The evidence of each witness shall, as his examination proceeds, as taken down in writing
either by the Judge himself or by his dictation in open court or, under his direction and
superintendence, by an officer of the Court appointed by him in this behalf (S.276 (2))
b) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding
judge may, in his discretion, taken down, or cause to be taken down any part of an evidence
in the form of question and answer (S. 276(2))
8 Queen Empress v. Bhadu, ILR (1897) 19 All 119
9 Wazamao v. State of Nagaland, 1983 Cri LJ 57

c) As the evidence of each witness is completed, it shall be read over to him In the presence
of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if
necessary, be corrected (S. 278(1)) ,the burden of proving non-compliance of Section 278 is
on the complainant. If the witness denies the correctness of any part of the evidence where
the same is read over to him, the Judge may, instead of correcting the evidence, make a
memorandum thereon of the objection made to it by the witness and shall add such remarks
as he thinks necessary (S.278(2)) if the record of the evident is in a language different from
that in which it has been given and the witness does not understand that language, the
recorded shall be interpreted to him in the language in which it was given, or in a language
which he understands( S.278(3))
d) The evidence so taken down shall be signed by the judge and shall form the part of the
record (S.276 (3))
e) When a judge has recorded the evidence of a witness, he shall also record such remarks (if
any) as he thinks material respecting the demeanour of such witness whist under examination
the value of the evidence recorded by the trial court.
f) If the witness gives the evidence in the language of the court, it shall be taken down in that
language (S.277 (a)) if he gives evidence in any other language, if may, if practicable, be
taken down in that language, and it is not practicable to do so, a true translation of the
evidence in the language of the court shall be prepared as the examination of the witness
proceeds, signed by the judge, and shall form part of the record. (S.277 (b)). Where the
evidence is taken down in a language other than the language of the court, a true translating
thereof in the language of the court shall be prepared as soon as practicable, signed by the
judge, and shall form part of the record: but in such a case when the evidence is taken down
in English and a translation thereof in the language of the court is not required by any of the
parties, the court may dispense with such translation (S. 277(c))
g) Whenever any evidence is given in a language not understood by the accused (or his
lawyer), it shall be interpreted to him (or to his lawyer) in a language understood by him (S.
279).
Steps to follow the prosecution evidence:
1) Oral Arguments and Memorandum of Arguments on behalf of the Prosecution:
Section 314 enables the Prosecutor to submit his arguments after the conclusion of the

prosecution evidence and before any other step in the proceedings, including the
personal examination of the accused u/s 313 (1) (b), is taken.
2) Explanation of the Accused: After the witness for the prosecution has been examined
and before the accused is called on for his defence, Section 313 (1) (b) requires the
Court to question the accused person generally on the case for purpose of enabling the
accused personally to explain any circumstances appearing in evidence against him
3) Hearing the Parties: Section 232 empowers the court to acquit the accused if they is
no evidence that the accused committed the offence. On this point court gives an
opportunity to both the prosecution and the defence.
4) Order of Acquittal: If after taking evidence for the prosecution, examining the accused
and hearing the prosecution and the defence on this point, if the judge considers there
is no evidence against accused he shall pass an order of acquittal to that effect (S. 232)
Evidence for the defence:
1) Examination of Witness for the Defence: where the accused is not acquitted under
Section 232 he shall be called upon he enter on his defence and adduce any evidence
he may have in support thereof. This is a statutory provision is mandatory in nature
and it in the interest of the accused person. It is the duty of the trial court to call upon
the accused person to enter his defence.10 If the accused applies for the issue of any
process for compelling the attendance of any witness for the production of any
document or thing, the judge shall issue such process unless he considers, for reason
to be recorded, he shall not issue such order if it appear to it would delaying the ends
of justice. (S. 233(3))11
2) Written Statement of the Accused: The accused person, if he so desires, can put in any
written statement in his defence. If he puts in any such statement, the Judge shall file
it with the record (S. 232(2))
3) Record of the Evidence: The witness for the defence shall be examined in the same
manner as has been mentioned in case of prosecution witness
Steps to follow the Defence Evidence:
1) Court witness, if any: Section 311 the court can, at any stage, summon and examine
any person as a court witness if his evidence appears to be essential to the just
decision of the case.
10 Parameswara Kurup Janardhanan Pillai v. State, 1982 Cri LJ 901 (Ker).
11 State of M.P v. Badri Yadav, (2006) 9 SCC 549

2) Argument: when the examination of the witness (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. If any point of any law is raised by the accused or pleader in his behalf, the
prosecuting may with the permission of the judge, make his submitting with regard to
such point of law (S. 234)
Judgement and connected matters:
1) Judgement: After hearing arguments and points of law (if any), the judge shall
give a judgement in the case. (S.235 (1))
2) Procedure to follow the order of conviction: If the accused is convicted, the judge
shall, unless he proceeds in accordance with the provisions of section 360, here
the accused on the question of sentence, and then pass sentence on him according
to law (S. 235(2)). Judge has to consider the character of the offender, the nature
of the offence and the circumstances of the case, the judge may, instead of passing
the sentence, decide to release the offender on probation of good conduct u/s 360,
or under the probation of Offenders act, 1958.
3) Procedure in case of Previous Conviction: where a previous conviction is charged
under the provisions of Section 211 (7) and the accused does not admit that he has
been previously convicted as alleged in the charge the judge may after he has
convicted the said accused u/s 229 or 235 take evidence in respect of the alleged
previous convicted and shall record a finding thereon. The object of this section is
prohibiting the proof of previous conviction to be give until and unless the
accused is convicted, is to prevent the accused from being prejudiced at the trail.12
Procedure in cases of Defamation of High Dignitaries and Public Servants:
Section 237 provides for a special trial procedure to be followed by a Court of Session
taking cognizance of an offence u/s 199 the primary object behind his to provide a
machinery enabling the government to step in to maintain confidence in the purity of
administration when high dignitaries and public servants are wrongly defamed.
1) A Court of Session taking cognizance of an offence u/s 199(2) 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

12 Re Kamya, AIR 1960 AP 490

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 there is no valid reason for making accusation against them in the opinion of the
court. It can direct he person against whom the offence was alleged to have been
committed (other than the President of India, Vice President of India, the Governor of
the state or the Administrator of a Union Territory) to show cause why he should not
pay compensation to such accused
4) The compensation awarded shall not exceed one thousand rupees
5) Compensation awarded shall be recovered as if it were fine imposed by a Magistrate
6) the person who has been directed to pay compensation under this section is entitled to
go to an appeal to High Court
7) 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 presentation of
the appeal has elapsed or if an appeal is presented, before the appeal has been decided
Conclusion:
In every criminal case trial is basic and most important part in criminal proceeding.
Warrant cases are tried by 2 types a) Trial by Magistrate b) Trial by Court of Sessions
Trial by Court of Session depending upon the quantum of punishment which is
specified in Section 28 CrPC, schedule one clearly specifies the offences which are tried
exclusively by the Court of Session, this variance is made on the gravity of the offence and to
see no prejudice is done and for speedy justice. Every accused person has a right to be
defended his case, it is the Court duty to see that the accused is given legal aid (if required)
and provided with every necessary copies of documents to defend his case, court should not
conduct the trial that the accused should be convicted at the same time it should think why
should not be convicted, every opportunity should be given to defend his case in all the stages
in conducting a trial.
Bibliography:

1. Criminal Procedure, R V Kelkar, Eastern Book Company, Lucknow, 6th Edition

2. The Code of Criminal Procedure, Ratanlal and Dhirajlal, Lexis Nexis, Nagpur 20 th
Edition
3. The Code of Criminal Procedure, Dr. N V Paranjape, Central Law Agency, Allahabad,
5th Edition.