INTRODUCTION
The Code of Criminal Procedure (CrPC) provides for the procedural framework for the conduct of criminal trials. The CrPC categorizes trials into different types, each with its own set of procedures and provisions. The three main types of trials under the CrPC are Sessions Trial, Summons Trial, and Summary Trial. Each type of trial serves a specific purpose and is governed by distinct legal provisions. This article aims to present trial under Crpc.
TYPES OF TRIAL UNDER CRPC
- Session Trial under Crpc
A Sessions Trial is conducted before a Sessions Court, which is presided over by a Sessions Judge. This type of trial is used for serious offenses, such as murder, rape, and dacoity, where the punishment may be imprisonment for a term exceeding seven years. The CrPC provides detailed provisions for the conduct of Sessions Trials under Sections 225 to 237.
Provisions under CrPC for Sessions Trial:
- Section 225: Commencement of the trial – The trial in a Sessions Court commences with the framing of charges against the accused.
- Section 226: Examination of witnesses – The prosecution and defense has the opportunity to examine and cross-examine witnesses during the trial.
- Section 227: Discharge – The Sessions Court has the power to discharge the accused if it finds that there is no sufficient ground for proceeding against them.
- Section 228: Framing of charges – If the accused is not discharged, charges are framed against them.
- Section 229: Conviction on plea of guilty – If the accused pleads guilty, the Sessions Court may convict them based on their plea.
- Section 230: Date for Prosecution evidence- If the accused is not taken the plea, he is the Court proceeds with recording prosecution evidence.
- Section 234: Arguments-Arguments are presented before the Court.
- Section 235 : Judgment of acquittal or conviction- At the conclusion of trial, the Sessions Court provides the judgment of acquittal or conviction.
- Warrant Trial under Crpc-
A warrant trial under the Code of Criminal Procedure (CrPC) has been mentioned under chapter 19 of the Crpc. Warrant trials can be instituted in two ways:
- Warrant trial instituted on a police report: In cases where the police have completed their investigation and submitted a report to the court, and the court finds that there is sufficient evidence to proceed with the trial, it may issue a warrant for the arrest of the accused and conduct the trial in their absence.
- Warrant trial instituted on a complaint: In cases where a private individual or entity files a complaint with the court, and the court takes cognizance of the offence based on the complaint, it may issue a warrant for the arrest of the accused if they fail to appear before the court, and proceed with the trial in their absence.
Provisions for warrant trial under the Crpc
The provisions from Section 238 to Section 250 of the Code of Criminal Procedure (CrPC) deal with the procedure for the trial of warrant cases by Magistrates.
- Section 238: Supply of documents to the accused: The magistrate shall ensure that accused has been supplied with the documents mentioned under Section 207.
- Section 239: When Accused Shall Be Discharged: This section provides for the discharge of the accused if, upon taking all the evidence, the Magistrate considers that there is no sufficient ground for proceeding against the accused. The Magistrate may then discharge the accused and record reasons for doing so.
- Section 240: Framing of Charge: This section outlines the procedure for framing charges against the accused. It states that if, after taking all the evidence, the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offense triable under this chapter, they shall frame a charge against the accused.
- Section 241: Conviction on Plea of Guilty: This section deals with cases where the accused pleads guilty. It states that if the accused pleads guilty, the Magistrate may convict them based on their plea and record the conviction.
- Section 242: Evidence for Prosecution: This section deals with the examination of witnesses for the prosecution. It states that when the accused pleads not guilty, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.
- Section 243: Evidence for Defense: This section deals with the examination of witnesses for the defense. It states that after the prosecution has closed its evidence, the accused may enter upon his defense, produce evidence in support thereof, and examine any witnesses.
- Section 244 to 247 : Procedure for cases instituted otherwise than as Police Report.
- Section 248: Acquittal or Conviction: Based upon the evidences, the Court shall pass an order of conviction or acquittal accordingly.
- Summon Trial under Crpc
A Summons Trial is conducted for offenses punishable with imprisonment for a term not exceeding two years. The trial takes place before a Magistrate, who issues summons to the accused to appear before the court. Provisions for Summons Trials are outlined in Sections 251 to 259 of the CrPC.
Provisions under CrPC for Summons Trial:
- Section 251: Examination of the accused – The Magistrate examines the accused and records their statement and asks whether he pleads guilty.
- Section 252: Conviction on plea of guilty – If the accused pleads guilty, the Magistrate may convict them based on their plea.
- Section 253: Conviction on plea of guilty in absence of accused in petty cases
- Section 254: Procedure when not convicted- Hearing of case and production of evidences.
- Section 255: Acquittal or conviction- Based upon the evidences, the trial court may pass the order of acquittal or conviction.
Conclusion
The Code of Criminal Procedure (CrPC) provides for different types of trials, each tailored to suit specific categories of offenses and punishments. Each type of trial has its own set of provisions and procedures under the CrPC, ensuring fair and efficient administration of justice in criminal matters.
Understanding these different types of trials and their corresponding provisions under the CrPC is crucial for judicial aspirants.
