December 26, 2023

The “Law and Legal System” is the one greatest gift from the British to us. in particular, the laws and the criminal justice system. Different processes in a criminal proceeding are covered by the Code of Criminal Procedure. The Criminal Procedure Code’s Trial system is one of them.

The word “trial” is a crucial foundation upon which just and equitable justice has been administered throughout history. It encompasses a variety of situations in which measures are taken based on the evidence presented by lower courts and just sentences are given until the court renders a verdict, either convicting or not.

trial under Crpc: About

  • Searching for the truth is similar to a trial. Everyone engaged faces a variety of obstacles and contradicting evidence as they attempt to put together the true events of the past. The trial serves as a means of reconstructing the prior incident in order to ascertain “what had really happened.” The Criminal Procedure Code doesn’t define the term “trial,” although it commonly refers to the phase that begins with the filing of the charge and ends with either an acquittal or a conviction.
  • In a nutshell, a trial is an official review of the evidence by a judge in a civil or criminal matter, typically involving a jury. Additionally, the judge must make sure that the penalty is severe enough to deter misconduct without being inhumane. It ought to be just and compassionate, finding a careful balance to help the offender change for the good of the individual as well as society.

types of trial under Crpc

According to Indian Criminal Law, the accused’s trial is divided based on the penalties associated with the alleged offense. There are four different kinds of trials where the accused is tried for the crime he committed.

session trial under Crpc

  • The 1973 session trial conducted under the Criminal Procedure Code (CrPC) significantly altered India’s criminal justice system. The Criminal Procedure Code (CrPC) is a comprehensive legal framework that establishes the protocols to be adhered to in criminal matters and regulates the operations of the courts that handle them. The creation of the sessions court and the use of session trials are two essential components of the CrPC.
  • A session trial is a trial for serious criminal charges under the sessions court’s authority, as defined by the CrPC 1973. In each session division, the state government establishes the session court, which is also referred to as the district court while handling criminal cases. It is overseen by a judge that the relevant High Court has appointed.

Case Law:

  • In the case of Sushil Ansal v State Through CBI, it was decided that a court cannot grant an order of discharge unless it is very certain that there is no chance of conviction and that conducting a trial would not be needless. When an accused person is released from custody, the court must document the reasons behind the release.

warrant trial under Crpc

  • Cases requiring warrants are classified by the Criminal Procedure Code as those involving offenses punished by death, imprisonment, or incarceration for a period longer than two years.
  • Filing a First Information Report (FIR) at the police station can start the process for a warrant case. The police investigate this situation and report their findings to the magistrate.
  • The guilty individual is then either brought to the Magistrate or purposefully turns up, and the Magistrate then supports the processes as required by law.
  • As an alternative, the protest could be filed directly with the magistrate to start legal action against the offending person.

Case Law:

  • In the case of Rajendra Singh and Anr. v State of Uttar Pradesh, the accused’s defense presented certain facts, which the court found sufficient justification for changing the accusations to S. 403. The court found that the core nature of the offense remains unchanged even after changing the charge to S.403, as long as it can be demonstrated that the accused had dishonest intentions at the time of delivery of the goods.

summon trial under Crpc

  • Summoning someone is the act of bringing them before the other party with the necessary documentation to address the complaint. This trial is not as serious as a warrant trial, and the accused may receive a sentence of no more than two years from the magistrate under section 204(1)(a) of the CrPC, 1973.
  • Sections 251 to 259 outline the procedure for handling such cases. In this case, the procedure is the same as in other trials, but it is less formal in order to expedite the process and minimize time waste.
  • The magistrate may continue with the case if he determines that the complainant’s presence is not required.
  • The magistrate has the power to clear the accused party by allowing the complainant to withdraw his accusation for adequate reasons. If the procedures are halted, the accused will be released.

Case Law:

  • In the case of Subramanium Sethuraman v State of Maharashtra & Anr, the magistrate was unable to recall, reconsider, or discharge the process’s issuance order in summons instances including complaints. The trial court therefore must complete the trial; the matter cannot be dropped.

Summary trial under Crpc

  • Some cases fall into this category since they usually just need a few hearings to be settled.
  • To lessen the load on the courts as well as to save money and time, these kinds of proceedings are limited to minor violations.
  • In situations where an offense is punishable by less than a half-year in jail, an overview summary may be attempted.
  • The concept here is that a person cannot be held in custody for more than three-quarters of a year if the case is being handled arbitrarily.

Case Law:

  • In the case of Shivaji Sampat Jagtap v Rajan Hiralal Arora and the State, the Hon’ble Bombay High Court noted that there is no need to start a trial anew when the succeeding magistrate in a case recognized that the process considered under sections 263 and 264 of the Code in full has not been followed.

The Criminal Procedure Code attempts to prevent any delays in the course of the investigation or trial and gives the accused a fair trial opportunity. Every time, the judge makes sure that the accused has an equal chance to present his case and be heard. In accordance with Section 304 and the obligations of the Constitution, the Code also offers legal help to an impoverished accused person who is unable to hire an attorney, ensuring that justice is done and no one accused of a crime is unfairly convicted.

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