TRIAL BY COURT OF SESSION

TRIAL BY COURT OF SESSION

• Ä  What procedure does the Court of Session follow in the trial of a murder case?
• Ä  Describe briefly the procedure of trial of a case by Court of Session.

INTRODUCTION

RELEVANT PROVISIONS

Following are the relevant provisions of CrPC regarding the topic.

Sections 265-A to 265-N

MEANING OF TRIAL

The term trial has not been defined by CrPC. It may be defined as under:

“A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime.”

PROCEDURE GIVEN IN CRPC FOR THE TRIALS BY HIGH COURT AND COURT OF SESSION

The procedure for trials by the High Court and the Court of Session has been divided into two categories in CrPC.

1-      Challan Case

2-      Complaint Case.

COGNIZANCE OF OFFENCES BY COURT OF SESSION U/SEC 193

PROSECUTION WHERE TRIAL INITIATED UPON POLICE REPORT U/SEC 265-A

PROCEDURE TO BE FOLLOWED BY COURT OF SESSION U/SEC 265-B

Following procedure shall be followed in a trial by the Court of Session.

I-                    SUPPLY OF STATEMENTS AND DOCUMENTS U/SEC 265-C

Cases Instituted Upon Police Report

The following documents shall be supplied free of cost to the accused not later than 7 days before commencement of the trial;

a)      FIR

b)      POLICE REPORT

c)      STATEMENTS OF WITNESSES RECORDED U/SEC 161 AND 164 CrPC

d)      INSPECTION NOTES RECORDED BY IO

e)      RECOVERY NOTES

Cases Instituted Upon Complaint

The following documents shall be supplied free of cost to the accused not later than 7 days before commencement of the trial;

a)      COMPLAINT WHICH IS MADE

b)      ANY DOCUMENT ATTACHED WITH THE COMPLAINT

c)      STATEMENTS MADE UNDER SECTIONS 200 AND 202 OF CrPC

II-                  FRAMING OF CHARGE U/SEC 265-D

III-                PLEA U/SEC 265-C

IV-               RECORDING OF EVIDENCE U/SEC 265-F

If the accused does not plead guilty or the Court does not convict him guilty in its discretion, the court shall proceed to hear the complainant and take all evidence produced by the prosecution.

i)                    Summoning Of Witnesses

ii)                  Accused to Be Asked To Adduce Evidence

iii)                Evidence Adduced By the Accused

iv)                Issuing Of Process

a)      Compelling the attendance of any witness or

b)      Production of any document or

c)      Any other thing.

The court shall issue such person

V-                 SUMMING UP U/SEC 265-G

Where Accused Adduce Evidence

VI-               JUDGMENT U/SEC 265-H

Where Accused Is Guilty

Where Accused Is Not Guilty

VII-             POWER OF COURT TO ACQUIT ACCUSED AT ANY STAGE U/SEC 265-K

CONCLUSION