Stages of Criminal Trial

What is trial?• A trial is coming together of parties to dispute.• A trail is a formal examination of evidence by a

judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings

• As per Black Law Dictionary:The examination before a competent tribunal,

according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue. A trial is the judicial examination of the Issues between the parties, whether they be issues of law or of fact.

Trial

Summons TrialSummary trial

Warrant Trial

Difference between Summons & Warrant

Summons Case• In a warrant case CrPC prescribes two

different procedures to be followed by the magistrate, depending on whether the case is instituted on a police report or if it is instituted on other than a police report.

• A charge needs to be framed against the accused in a warrant case.

• As per S. 241, After the charge is framed, the accused may plead guilty and the magistrate may convict him on his discretion.

• The trial of a warrant case as a summons case is a serious irregularity which would vitiate the trial if the accused has been prejudiced.

• A warrant case cannot be converted into a summons case

Warrant Case• there is only one procedure prescribed

by the CrPC for the trial of a summons case.

• There is no such requirement in a summons case, and only conveying the particulars of an offence to the accused shall suffice.

• As per S. 252, if the accused pleads guilty, the magistrate must record the plea of the accused and may, in his discretion, convict him on such plea.

• But the trial of a summons case as a warrant-case is only an irregularity which is curable under Section 465 of the Code.

• The Magistrate is empowered to convert a summons case into a warrant case under Chapter XX of the Code

Warrant casesAs per the definition given u/s 2 (x) of

CrPC that ―"Warrant-case" means a case relating to an offence punishable with:

• death,• imprisonment for life or• imprisonment for a term exceeding

two years .

Pre- Trial Stages• FIR: An FIR or First information report is lodged under

Section 154 of the Code of Criminal Procedure. This section provides the manner in which it is to be recorded. The main aim of an FIR is to set the criminal case in motion. An FIR is basically the information given by whomsoever to the police relating to the commission of a cognizable offence.

• Investigation: The next step after filing of FIR is investigation by the investigating officer. An investigating officer makes an effort to reach to the conclusion by ascertaining facts and circumstances, collecting evidence, examining various persons and taking their statements in writing and all the other steps necessary for completing the investigation and reaching the conclusion. The end result of an investigation is filing of a police report to the magistrate. The investigating officer either files a chargesheet or a closure report.

Trial of warrant cases

Trial of warrant cases by Sessions Court Sec 227-237

Trial of warrant cases before MagistratesSec 238-250

Trial before Sessions CourtSec 225-237

• Offences triable by Sessions Court or by Magistrate is mentioned under column 6 of the First Schedule.

• But sessions court cannot take cognnizance of any offence even though it is triable only by the Sessions court.

• Exception is defamation cases of high dignitaries and public servant under certain circumstances.

• Under Sec 26 High Court has the power to try any offence.

• But the offences are not mentioned in First Schedule.

• High Court can take the matter at the instance of government or suo-moto.

• The procedure for high court is same as by sessions court.

• Every trial prosecution shall be conducted by a public prosecutor – Sec 225

• Every accused person has right to be defended by the counsel of his own choice.

Trial Stages before sessions court• In case of insufficiency of the accused person in counsel appointment, the

state shall make sure a counsel is to be appointed for his defense on the expense of state .

• As per sec 207 & 208 , the copies of necessary documents like police report, FIR, statements recorded by police shall be supplied to accused person.

• The prosecutor shall open the case by describing accusation against accused and briefly stating the evidences to prove the guilt of accused.- Sec 226

• After considering record of case and hearing the submissions of the parties , if court considers no sufficient grounds for proceedings against accused, it shall discharge the accused and record its reasons for doing so. – Sec 227

• After considering record of case and hearing the submissions of the parties , if court considers sufficient grounds for proceedings against accused, then the Sessions Court may charge frame the charges- Sec 228 (1)

• The charges shall be explained to the accused and then be asked whether he pleads guilty of the offences or claims to be tried –Sec 228 (2)

• If accused pleads guilty, the court shall record the plea and convict him thereon- Sec 229

• If accused does not plead guilty then the court shall fix a date for prosecution evidence i.e. examination of witnesses or issuing of process or any other document- Sec 230

• On the fixed date the examination of witnesses and cross-examination shall be done- sec 231 (1), (2) and recorded – Sec 276 (1), (2) and shall be recorded in the language of court – Sec 277

• Arguments on behalf of the prosecution shall be recorded and the examination of the accused shall be done.

• After hearing of parties if court thinks that there is no sufficient evidence for proving of the offence, the accused shall be discharged.

• If accused is not acquitted by the court he shall be call upon to enter upon his defense and adduce any evidence in support for his defense or they may request the issue process for attendance of witness – Sec 233 (1)

• The written statement may be given by accused and the evidences & statements must be recorded in the proper manner- Sec 233 (2)

• Submissions in regard to law point shall be recorded- Sec 234

• After hearing the both of the parties the Court shall give judgment in the case- Sec 235 (1)

TRIAL Procedure in Warrant Cases by Magistrates

Section 238-250

Trail Procedure

Upon Police Report

Sec 238-243

Applicable to both cases

Sec 248-250Other than on police reportSec 244-247

Trial of warrant cases by Magistrates

On Police report

•Sec 238-243Other

than police report

•Sec 244-247

Commonly applicable

to both type of cases

•Sec 248-250

Cases instituted

on a Police Report

Supply of copies of FIR, Police report, statements recorded by police during investigations, etc. to the accused •Sec 238

Magistrate shall follow 3 steps:• Consideration of police report and

document referred in sec 173• Examination of accused, if he thinks

it necessary• Giving both parties the opportunity

of being heard.

After considering the evidences the Magistrate may discharge the accused on the base of groundless accusations against him and shall give the reasons for doing so• Sec 239

If magistrate opines that there is ground for the accusation of the accused , he shall frame a charge in writing against the accused.• Sec 240 (1)

The charge shall be read and explained to the accused and he shall be asked to whether he pleads guilty of the offence or claims to be tried.•Sec 240 (2)

If accused pleads guilty, the Magistrate shall record the plea and may convict him thereon• Sec 241

If the accused pleads not to be guilty of the offence or claims to be tried , then the Magistrate shall fix a date for the examination of witnesses • Sec 242 (2)The magistrate may

on the application of prosecution issue summons to any of its witnesses directing him to attend or to produce any document or thing.• Sec 242 (2)

On the date fixed, there shall be examination of witnesses and evidences produced by

the prosecutionMagistrate may permit the

cross-examination of witness or recall of any witness for

cross-examinationSec 242(3)

There shall be recording of

evidences u/s 275, 278, 280

The evidences shall be recorded in the

language of the court.- Sec 277 and the interpretation

shall be done to the accused or his

pleader- Sec 279

Oral arguments

and submission

of memorandu

m of arguments

on behalf of the

prosecution- Sec 314

Examination of accused u/s

313 (1) (b)The accused shall then be

called upon to enter his

defence and produce his evidence Sec 243(1)

Then the magistrate can issue process, if so desired by the accused, for compelling the

attendence of any witness for the purpose of cross-examination or

production of any other document- Sec 243 (2)The

magistrate shall record the written statement

given by the accused.

Sec 243(1)

The evidences

shall be recorded in the same

manner as before

sessions court.

The written statement

may be given by accused

and the evidences & statements

must be recorded in the proper manner-

Submissions in

regard to law point shall be

recorded-

After hearing the both of the parties the Court shall give

judgment in the caseSec 248

Cases instituted otherwise than on

a Police Report

Preliminary hearing of the prosecution case:The magistrate shall take all such evidence as may produced in support of the prosecutionSec 244

If upon taking evidences, Magistrate for the reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge his conviction.- Sec 245 (1)

Even at any previous stage Magistrate can discharge the accused, if he considers the charge to be groundless.- Sec 245 (2)The magistrate is required to record the reasons for doing so.But in case of prima facie case, the discharge of accused is improper.

If accused pleads guilty, the Magistrate shall record the plea and may convict him thereonSec 246 (3)

The accused shall be called upon to enter upon his defense and to produce his evidence. – Sec 247The arguments shall be recorded according to the manner.

The written statement

may be given by accused

and the evidences & statements

must be recorded in the proper

manner

Submissions in

regard to law point shall be

recorded

After hearing the both of the parties the Court shall give

judgment in the caseSec 248

Provisions commonly

applicable in Both type of

cases

If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

1) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

2) Where, in any case under this Chapter, a previous conviction is charged under the provisions of subsection (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, 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 Magistrate no shall the accused be asked to plead thereto no 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 subsection (2).

Acquittal or conviction

Absence of complainant Sec- 249

When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

Compensation for accusation without reasonable cause- Sec 250

1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith 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; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Indian Penal Code (45 of 1860) shall, so far as may be, apply.

(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: 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.

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), 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; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

ANAMIKA SHARMA