Trial Before A Court of Sessions
Trial Before A Court of Sessions
Trial Before A Court of Sessions
BEFORE A
COURT OF
SESSIONS
IN A POLICE CASE
(Chapter XVIII
Secs.225 to 237 of the
Cr.P.C.)
(Chapter XIX A.
Secs.238 to 243 of the
Cr.P.C.)
In Private
Complaint
cases
( Chapter XIX
B. Secs.244 to
247 of the
Cr.P.C.)
SUMMONS TRIABLE
CASES IN THE COURT
OF A JUDICIAL
MAGISTRATE (Chapter
xx).
On
submission of
Prosecution
Report (PR)
after
permission of
Magistrates
u/Sec.155(2)
Cr.P.C.
Private
complaint
case
After
perusing the
complaint if
there is
material, a
PLEA
u/Sec.251 of
the CrP.C. is
made
(Allegations
of the
offence read
over and
explained to
the accused)
No Charge
in writing is
framed
conviction
on plea of
guilt
u/Sec.252
Cr.P.C.
Framing up of a
Charge Sheet by the
Judicial
Magistrate after
perusing the Case Diary
(CD), OR discharge of
the accused if there be
no material U/Sec.240 of
the Cr.P.C. and
conviction of the
accused u/Sec.241 of the
Cr.P.C. if he pleads
guilty.
Evidence
before charge
is recorded by
the Magistrate
u/Sec.244 of
the Cr.P.C.
After perusing
the PR if there
is material, a
PLEA
u/Sec.251 of
the CrP.C. is
made
(Allegations
of the offence
read over and
explained to
the accused)
No Charge in
writing is
framed
followed by
conviction on
plea of guilt
u/Sec.252
Cr.P.C.
Evidence
for the
Prosecution
i.e. the
Complainant
u/S.244 of the
Cr.P.C. follow
ed by
(1) Framing up
of Charge if the
evidence before
charge reveals
commission of
any Crime.
(2)
Evidence after
framing of
charge
u/Sec.246 of
the Cr.P.C. (it
includes further
cross Exam. of
witnesses
already
examined
earlier Before
charge and
examination
and xEx. of
additional
witnesses, if
any.
COMMON TO ALL TYPES OF TRIAL: Examination of the accused u/Sec. 313 of the Cr.P.C. in
c.w. the evidence adduced against him by the Prosecution and his excuse or explaination regarding
the same is recorded.
Evidence if any in
defence by the
accused u/Sec.233 of
the Cr.P.C.
Evidence if any in
defence by the accused
u/Sec.243 of the Cr.P.C.
Common: Hearing of arguments of both the sides and delivery of Judgement of acquittal or
conviction by the Court. In the event of conviction, the Judge shall examine before passing any
sentence, if the benefit of Sec.360 of the Cr.P.C.or The Probation of Offenders Act, 1958 can be
extended to the accused or not AND Examination of the convict accused on the question of sentence
if such benefit u/S.360 the Cr.P.C. or Probation of Offenders Act is not extended. The judge may
also examine the question of payment of compensation u/Sec.357 of the Cr.P.C. to the victims.