LEGAL INTERNSHIP PROGRAMME

A Report

On

TYPES AND STAGES OF

CRIMINAL TRIAL

(CRIMINAL JUSTICE)

By

Debabrata Dash

At-Niroj kumar Mahapatra chamber

Under the guidance of Niroj kumar Mahapatra (M.A. LLB)

ICFAI FOUNDATION FOR HIGHER EDUCATION

Hyderabad

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Table of contents
S.NO Topics Page
No
1 Declaration 3
2 Acknowledgement 5
3 Abstract 6
4 Introduction (1) 7
i. Purpose and objective
ii. Limitation

5 Introduction (II) 8-25

a. Criminal law(IEA ,IPC, CrPC)
i. Kinds of offences
ii. Constitution of criminal courts and its hierarchy

6 Criminal trial by 26-36

A. FIR
B. Complaint to the magistrate
C. Non cognizable offence under sec 155

7 Trial of 36-53
1. Warrant cases
a) By court of sessions
b) By magistrate
2. Summons cases
3. Summary trial
8 Cases I have worked on During the internship 53-54
9 Disposal of cases without full trial 54-59
10 Summery 59-60

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 DECLARATION

This project report on Types and stages of criminal trial is done at Niroj kumar Mahapatra
chamber, Bhubaneswar. It is a partial fulfilment of summer internship of BA.LLB (Hons)
program at the faculty of law, IFHE Hyderabad.
This project work is original and hasn’t been submitted elsewhere.

Place: Bhubaneswar Debabrata Dash

Date: 14/05/2019 16FLUHH02C0013
Faculty of Law
IFHE
Hyderabad

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 A Report

On

TYPES AND STAGES OF

CRIMINAL TRIAL

(CRIMINAL JUSTICE)
By

Debabrata Dash

A report submitted in partial fulfilment of the requirement of BA. LLB (Hons.)

Program of Faculty of law, IFHE – Hyderabad

Distribution List

Project Guide: Faculty Guide:

Mr. Niroj kumar Mahapatra Assistant professor
Uma sonti
Faculty Associate
Advocate Faculty of Law
IFHE – Hyderabad

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 ACKNOWLEDGEMENT

I sincerely thank my project Guide Advocate Niroj sir for giving me opportunity to work with
him during the completion of my project. I express my sincere gratitude for guiding and
supporting me through the fulfilment of my project.

I am highly thankful to my faculty guide Assistant professor Uma sonti to give me his kind
and sincere guidance to complete the project. He has guided me with utmost sincerity
throughout the process.

I would also like to thank ICFAI law school to provide me with the opportunity to learn and
grow as well as experience the legal scenario so as to develop and grow a deeper
understanding regarding law.

ABSTRACT

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This report is a reflection of the various skills that I have learned during the internship at
Niroj kumar Mahapatra chamber. The various skills include client counselling,
Documentation, Research work, and drafting. My project will give an overview of the types
and stages of criminal trial.

Criminal trial in India is governed by Code of criminal procedure. The code elucidates the
procedure by which a criminal trail can result in acquittal, conviction, dismissal.

I also talked about the live cases which I have worked on during the course of internship. I
had attended proceeding of murder trial, drug trail, family disputes in family court, child
marriage cases, rape trail. There is a common factor of all the criminal cases I had worked on.
The project is a reflection of that common factor which is criminal trial. I have talked about
the stages and types of criminal trial.

PART (1) INTRODUCTION

Purpose and Objective:

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The major role of the Legal Internship program (LIP) was acquiring knowledge and usage of
that knowledge in practical field. There are several significant things that I have learned
during the internship programme, they are drafting, Client counselling, and filing of the
documents.

The internship is designed to acquaint the student with the actual practice of law by working
under the supervision of an Advocate/judge. By that student gains experience by applying
knowledge from prior classroom training, and the law office gains an eager worker. A lawyer
should possess practical as well as theoretical knowledge. The LIP has given me an
opportunity to observe the various practical aspect of the profession.

The internship taught me the importance of time and attentiveness. It taught me the
importance of being active and assertive while taking up new assignments and how important
it is to talk and interact with the clients and partners in the firm. It further refined my research
work and drafting skills.

The objectives of the internship experience are: *To work under the supervision of a licensed
attorney and with others in a law office or agency setting.

*To apply the knowledge and skills learned in the classroom, and to develop new skills by
being involved in actual cases and projects.

*To develop important contact with the legal community, this may lead to career
opportunities.

Limitations:
The Limitations of the LIP which I have undergone are as under:
* The details of the cases like client names, parties to the cases, agreements and other
documents presented in the file were to be kept confidential and as such could not be
included in the report.

* The material collected for the report was purely from available documents with the law
firm, and through the internet only.

Introduction (II)-

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 A Criminal law governs crimes, including felonies and misdemeanours. Crimes are generally
referred to as offenses against the state. The standard of proof for crimes is beyond a
reasonable doubt. Criminal law in India means offenses against the state, it includes felonies
and misdemeanours. The standard of proof for crimes is beyond a reasonable doubt.

A body of rules and statutes that defines conduct prohibited by the government because it
threatens and harms public safety and welfare and that establishes punishment to be imposed
for the commission of such acts.

The term criminal law means crimes that may establish punishments. In contrast, Criminal
Procedure describes the process through which the criminal laws are enforced. For example,
the law prohibiting murder is a substantive criminal law. The manner in which government
enforces this substantive law through the gathering of evidence and prosecution is generally
considered a procedural matter.

Crimes are usually categorized as felonies or misdemeanours based on their nature and the
maximum punishment that can be imposed. A felony involves serious misconduct that is
punishable by death or by imprisonment for more than one year. Most state criminal laws
subdivide felonies into different classes with varying degrees of punishment. Crimes that do
not amount to felonies are misdemeanours or violations. A misdemeanour is misconduct for
which the law prescribes punishment of no more than one year in prison. Lesser offenses,
such as traffic and parking infractions, are often called violations and are considered a part of
criminal law.

India has a well-established statutory, administrative and judicial framework for criminal
trials. Indian Penal laws are primarily governed by
3 Acts:
1. The Indian Evidence Act, 1872 (IEA).
2. The Indian Penal Code, 1960 (IPC);
3. The Code of Criminal Procedure, 1973 (Cr.P.C.);

1. The Indian Evidence Act, 1872 (IEA).

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 IEA is a detailed treaty on the law of “evidence”, which can be tendered in trial, manner of
production of the evidence in trial, and the evidentiary value, which can be attached to such
evidence. IEA also deals with the judicial presumptions, expert and scientific evidence. There
are certain other laws, which have been enacted to deal with criminality in special
circumstances. It is also important to note that India follows the adversarial system, where
generally the onus of proof is on the State (Prosecution) to prove the case against the accused,
and until and unless the allegation against the accused are proved beyond reasonable doubt,
the accused is presumed to be innocent. In certain exceptional cases, which may relate to
terrorism, etc., the onus of proof has been put on the accused person, who claims to be not
guilty.

2. The Indian Penal Code, 1960 (IPC)

The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code

intended to cover all substantive aspects of criminal law. The objective of this Act is to
provide a general penal code for India .Though not the initial objective, the Act does not
repeal the penal laws which were in force at the time of coming into force in India. This was
so because the Code does not contain all the offences and it was possible that some offences
might have still been left out of the Code, which was not intended to be exempted from penal
consequences. Though this Code consolidates the whole of the law on the subject and is
exhaustive on the matters in respect of which it declares the law, many more penal statutes
governing various offences have been created in addition to the code. IPC is the primary
penal law of India, which is applicable to all offences, except as may be provided under any
other law in India.

3. The Code of Criminal Procedure, 1973 (Cr.P.C.)

Cr.P.C. is a comprehensive and exhaustive procedural law for conducting a criminal trial in
India, incuding the manner for collection of evidence, examination of witnesses, interrogation
of accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail,
process of criminal trial, method of conviction, and the rights of the accused for a fair trial.
The procedure for a criminal trial in India, is primarily, except as otherwise provided,
governed by The Code of Criminal Procedure, 1973 (Cr.P.C.).

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India has a highly developed criminal jurisprudence and prosecution system, supported by
judicial precedents; however, there may be certain issues or concerns relating to the execution
of the same by Police and implementation by Judiciary. The courts in India, particularly High
Courts and Supreme Court have been proactively guarding the rights of the accused. Even
Article 21 of the Constitution of India has been interpreted in a highly dynamic manner to
protect the rights, life and liberty of the citizens, by also incorporating the principles of
natural justice.

KINDS OF OFFENCES
Offences described under the Code may be categorized as under, depending on their nature.

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A

Offences

Offences in

Cognizable Non- Bailable Non-Bailable Summons Case Warrant Case

Cognizable

     
Punishable Punishable Mentioned as Any offence Punishable Punishable
with with such in first other than with with death
imprisonment imprisonment schedule bailable imprisonment imprisonment
for 3 years or for a period offence for a term not for life or
more less than 3 Bail a matter exceeding 2 imprisonment
years of right Grant of bail years for more than
Serious not a right, 2 years
offences Less serious Punishable discretion of Less serious
offences with court offences Serious
Arrest imprisonment offences
without Arrest with of term less Punishable Trial procedure
warrant warrant from 3 years with less elaborate Elaborate trial
imprisonment
Public wrongs Private Less serious of term of 3 Summons Warrant
wrongs offences years or more issued to the issued against
accused for his the accused
Serious presence in the for his
offences court presence in
the court
B

Cognizable Bailable
offence offence

Non- Non-
Cognizable Bailable
offence offence

Cognizable and Non- Cognizable offences

 Cognizable offence means an offence for which a police officer may, in
accordance with the First Schedule of the Code or under any other law,
arrest without warrant from the Court. [(Section 2(c)]. The Police officer is

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 empowered to register the FIR and investigate only the cognizable offences
without any warrant or authority issued by the Magistrate or without any
orders or directions from him.

 A non-cognizable offence means an offence for which a police officer has

no authority to arrest without warrant. (Section 2(l)) In a non-cognizable
case the police can neither register the FIR nor can investigate or effect
arrest without the express permission or the directions from the Court.

 All serious cases are considered as cognizable offences and the less serious
offences are deemed to be non-cognizable.

 The offences under the laws other than Indian Penal Code which are
punishable with imprisonment for a term of imprisonment for three years or
more have been shown in the First Schedule as cognizable and those
punishable with less than three years have been shown as non-cognizable,
subject to any rule to the contrary provided in that law.

 In a cognizable offence it is the legal duty and responsibility of the police

officer to arrest the offender and bring him to justice whereas no such duty
or responsibility vests with the police in case of a non-cognizable offence in
which arrest cannot be effected without warrant.

 Cognizable offences are mostly considered as public wrongs towards the

society and hence the police have the power to act and investigate suo moto
without any directions or orders. On the other hand non-cognizable offences
are considered as private wrongs and therefore the collection of evidence
and the prosecution of the offender are left to the initiative and efforts of
private citizens leaving no power in the hands of the police to investigate
suo moto without a warrant or any directions as such. However the
Magistrate may order the investigation of a non-cognizable offence by the
police in some cases.The code does not declare any case to be partly
cognizable and partly non-cognizable. Where one of the offences in a case
is cognizable and the rest are non-cognizable ones, the case is a cognizable
one.

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Bailable and Non-Bailable offences
 According to Section 2(a), “bailable offence” means an offence which is
shown as bailable in the First Schedule, or which is made bailable by any
other law and “non- bailable” offence means any other offence.

 In bailable offences the accused can claim bail as a matter of right whereas
in a non-bailable offence, the accused is not entitled to bail as a matter of
right.

 If a person accused of a bailable offence is arrested or detained without

warrant he has a right to be released on bail. The police officer is supposed
to release such an accused on bail if he is prepared to give bail at any time
while he is in custody of a police officer. This does not mean that if the
offence is non-bailable, he shall never be released on bail, his release, on
the contrary is left to the discretion of the authorities concerned. Police
invariably do not take bail in such cases and only the Court grants bail.

 The list of Bailable and Non-Bailable offences is given in the First

Schedule of the Code.

 Bailable offences are considered to be less serious when compared to Non-

Bailable offences.

Summons Case and Warrants Case

 A Warrant Case means a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years
[section 2(x)] and a summons case means a case relating to an offence and
not being a warrant case [Section 2(w)] and punishable with imprisonment
for a term not exceeding two years.

 The trial procedure prescribed for a Warrant Case is much more elaborate
than that provided for a Summons Case.

 The determining factor for deciding the character of a case as a Warrant

Case or a Summons Case would be the highest measure of punishment
prescribed for the offence disclosed.

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 In a Warrants Case a warrant of arrest is issued to the accused and in a
Summons Case summons to be present in the Court on a particular day at a
particular time is issued to the accused.

 The Warrants Case is more serious in nature when compared to the

Summons Case.

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Constitution of Criminal Courts and it’s Hierarchy
Sections 6 to 23 and Sections 26 to 35 of Criminal Procedure Code, there are of Criminal
Courts and their powers:

Administration of justice is the most important function of the state. For this purpose our
constitution has set up a hierarchy of courts. The Supreme Court is the apex body, followed
by 24 High Courts which have been created by the constitution of India, and their jurisdiction
and powers are well defined in the constitution itself.

Article 124 of Indian constitution says that there shall be a Supreme Court of India its
constitutional powers and jurisdictions have been defined from article 124-147. The Supreme
Court is meant to be the highest court of appeal which takes up appeals against the verdict of
High Courts. There are 24 High Courts in the country which regulates the working of the
Sessions court. The Constitution, by Article 227, provides that every High Court shall so
exercise superintendence over all courts and tribunals. It further provides that the High Court
shall exercise its powers judiciously in order to ensure proper working of judicial mechanism.

CLASSES OF CRIMINAL COURTS

Apart from the Supreme Court and High Courts, the following criminal courts have been
described under section 6 of Criminal Procedure Code, 1973:-

*Court of Session

*Judicial Magistrate of first class and, in any metropolitan area Metropolitan Magistrates

*Judicial Magistrate of second class; and

*Executive Magistrates

Section 7(1) of Criminal Procedure Code 1973 states that “The State Government shall
establish a Court of Session for every session’s division.” The judge of the Sessions court is
appointed by the High Court. In the hierarchy Sessions court is followed by Judicial
Magistrate Class I and then judicial magistrate of Class II. In metropolitan areas, it is
followed by Chief Metropolitan Magistrate and metropolitan magistrate. An Executive
Magistrate is one of the classes of courts only while performing judicial functions.

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 Supreme Court

High Court

Metropolitan Area (Sec. 8) District Area (Sec. 7)

Metropolitan Sessions Judge/Additional Sessions Judge/ Additional Sessions Judge/

Metropolitan Sessions Judge Assistant Sessions Judge (Ss. 9&10)

Chief Metropolitan Magistrate (Sec. 17) Chief Judicial Magistrate/ Additional Chief
Judicial Magistrate (Sec. 12)

Metropolitan Special Metropolitan JMFC JMSC SJM (Sec.

Magistrate Magistrate 13)
(Ss. 16, 18 & 19) (Ss. 11, 14 & 15)
JMFC : Judicial Magistrate of First Class
JMSC : Judicial Magistrate of Second Class
SJM : Special Judicial Magistrate
ACJM : Addl. Chief Judicial Magistrate

HIERARCHY OF EXECUTIVE MAGISTRATES (SECTION 20)

District Magistrate/Commissioners of police (in

Metropolitan areas)

Sub Divisional Magistrate

Executive Special Executive

Magistrates (S.22) Magistrates (S.21)
The District Magistrate is in charge of the executive administration of a District in criminal
matters as is the case with the Commissioner of Police in a Metropolitan area.

District Administration includes both Civil and Criminal Administration. The Revenue (civil)
authorities and the police exercise quasi-judicial powers and discharge their functions in co-
ordination with each other, their powers and functions are subject to judicial review by the
High Court. The Criminal Procedure Code recognizes them as an integral and indispensable

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part of the system of the administration of criminal justice. They are invested with enormous
powers subject to a limitation that those powers are judiciously exercised.

Special Court: It may be noted that the State Government with the consultation of the High
Court may establish one or more special courts for any particular class of cases. While such
special courts exist, no other court shall try cases of their jurisdiction. If the area of
jurisdiction of such court extends beyond the district within which it holds the court, then all
appeal, revisions or applications of the jurisdiction of the extended area shall lie in the district
where the special court sits.

TERRITORIAL DIVISIONS:

Sessions Divisions

Every State shall be a Sessions division or shall consist of Sessions divisions; and every
Sessions division shall, for the purposes of this Code, be a District or consist of Districts.

Every metropolitan area shall have a separate sessions division and district. The State
Government may, after consultation with the High Court, alter the limits or the number of
such divisions and districts divide any district into sub-divisions and may alter the limits or
the number of such sub-divisions. The Sessions divisions, districts and sub-divisions existing
in a State at the commencement of this Code, shall be deemed to have been formed under the
Code (Section 7).

Metropolitan areas

The State Government may, by notification, declare that any area in the State comprising a
city or town whose population exceeds one million shall be a metropolitan area for the
purposes of this Code. Each of the erstwhile Presidency towns of Bombay, Calcutta and
Madras and the city of Ahmadabad is deemed to be a Metropolitan area.

The State Government may extend, reduce or alter the limits of a metropolitan area but the
reduction or alteration should not be so made as to reduce the population of such area to less
than one Million. Where, after an area has been declared, or deemed to have been declared to
be, a metropolitan area, the population of such area falls below one million, such area shall,
cease to be a metropolitan area; but notwithstanding such seizure, any inquiry, trial or appeal

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pending immediately before any Court or Magistrate in such area will continue to be dealt
with under this Code, as if such seizure had not taken place.

Where the State Government reduces or alters the limits of any metropolitan area, such
reduction or alteration shall not affect any inquiry, trial or appeal pending and every such
inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or
alteration had not taken place. (Section 8)

Explanation: The expression "population” means the population as ascertained at the last
preceding census of which the relevant figures have been published.

COURTS IN SESSIONS DIVISION

Court of Session [Section 9]

The State Government establishes a Court of Session for every Sessions division and every
such Court of Session is presided over by a Judge to be appointed by the High Court. The
High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to
exercise jurisdiction in a Court of Session. The Sessions Judge of one Sessions division may
be appointed by the High Court to be also an Additional Sessions Judge of another division
and in such case he may sit for the disposal of cases at such place or places in the other
division as the High Court may direct.

Where the office of the Sessions Judge is vacant, the High Court may make arrangements for
the disposal of any urgent application pending before such Court of Session by an Additional
or Assistant Sessions Judge. If there is no Additional or Assistant Sessions Judge, the Chief
Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have
jurisdiction to deal with any such application.

The Court of Session ordinarily holds its sitting at such place or places as the High Court may
specify. But, if, in any particular case, the Court of Session is of opinion that it will be more
convenient for the parties and witnesses to hold its sittings at any other place in the sessions
division, it may sit at that place for the disposal of the case or the examination of any witness
or witnesses with the consent of the prosecution and the accused.

Subordination of Assistant Sessions Judges [Section (10) (1)]:

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All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they
exercise jurisdiction. The Sessions Judge may, from time to time, make rules consistent with
this Code, as to the distribution of business among such Assistant Sessions Judges.

The sessions Judge may also make provision for the disposal of any urgent application, in the
event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if
there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and
every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such
application.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc [Section 12]

In every district (not being a metropolitan area), the High Court appoints a Judicial
Magistrate of the First Class to be the Chief Judicial Magistrate or an Additional Chief
Judicial Magistrate, and such Magistrate has all or any of the powers of a Chief Judicial
Magistrate under this Code or under any other law for the time being in force.

The High Court may designate any Judicial Magistrate of the first class in any sub-division as
the Sub-divisional Judicial Magistrate and relieve him of the responsibilities.

Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial
Magistrate also has and exercises such powers of supervision and control over the work of
the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division
as the High Court may specify in this behalf.

Special Judicial Magistrates [Section 13]

The High Court may, on the request of the Central or State Government, confer upon any
person who holds or has held any post under the Government, all or any of the powers
conferred or conferrable by or under this Code on a Judicial Magistrate of the First Class or
of the Second Class, in respect to particular cases or to particular classes of cases, in any local
area, (not being a metropolitan area).

However, no such power should be conferred on a person unless he possesses such

qualification or experience in relation to legal affairs as the High Court may specify.

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Such Magistrates are called Special Judicial Magistrates and are appointed for a term not
exceeding one year at a time, as the High Court may direct. The High Court may empower a
Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to
any metropolitan area outside his local jurisdiction.

Courts of Judicial Magistrates [Section 11]

The State Government may establish in every district (not being a metropolitan area), as
many Courts of Judicial Magistrates of the First Class and of the Second Class, and at such
places, as the State Government may, after consultation with the High Court, by notification,
specify.

The State Government may, after consultation with the High Court, establish, for any local
area, one or more Special Courts of Judicial Magistrates of the First Class or of the Second
Class to try any particular case or particular class of cases. Where any such Special Court is
established, no other Court of Magistrate in the local area shall have jurisdiction to try any
case or class of cases for the trial of which such Special Court of Judicial Magistrate has been
established.

The Presiding officers of such Courts are appointed by the High Court. The High Court may
confer the powers of a Judicial Magistrate of the First Class or of the Second Class on any
member of the Judicial Service of the State, functioning as a Judge in a Civil Court, whenever
it appears to it to be expedient or necessary.

Local jurisdiction of Judicial Magistrates [Section 14]

Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to
time, define the local limits of the areas within which the Magistrates appointed under
Section 11 or under Section 13 may exercise their powers under this Code. The Court of a
Special Judicial Magistrate may hold its sitting at any place within the local area for which it
is established. Where the local jurisdiction of a Magistrate appointed under Section 11 or
Section 13 or Section 18 is extended beyond that area of his regular jurisdiction, the powers
and jurisdiction of the Court of Session, the Chief Judicial Magistrate and the Chief
Metropolitan Magistrate apply to such extended area also. In other words, even in the

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extended area, the Magistrate is subordinate to the above three categories of Courts in the
exercise of his powers and jurisdiction.

Subordination of Judicial Magistrates [Section 15]

Every Chief Judicial Magistrate is subordinate to the Sessions Judge; and every other Judicial
Magistrate is, subject to the general control of the Sessions Judge, subordinate to the Chief
Judicial Magistrate.

The Chief Judicial Magistrate may, from time to time, make rules or give special orders,
consistent with this Code, as to the distribution of business among the Judicial Magistrates
subordinate to him.

COURTS IN METROPOLITAN AREAS

Courts of Metropolitan Magistrates [Section 16]

In every metropolitan area, as many Courts of Metropolitan Magistrates shall be established

at such places, as the State Government may, after consultation with the High Court, by
notification, specify. The presiding officers of such Courts are appointed by the High Court.
The jurisdiction and powers of every Metropolitan Magistrate extends throughout the
metropolitan area.

Chief Metropolitan Magistrates and Additional Chief Metropolitan Magistrates

[Section 17]

The High Court appoints a Metropolitan Magistrate to be the Chief Metropolitan Magistrate
for such metropolitan area. The High Court may appoint any Metropolitan Magistrate to be
an Additional Chief Metropolitan Magistrate, and such Magistrate has all or any of the
powers of a Chief Metropolitan Magistrate under this Code or under any other law for the
time being in force as the High Court may direct.

Special Metropolitan Magistrates [Section 18]

The High Court may on request of the Central or State Government confer upon any person
who holds or has held any post under the Government, all or any of the powers conferred or
conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases

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or to particular classes of cases in any metropolitan area within its local jurisdiction. No such
power will be conferred on a person unless he possesses such qualification or experience in
relation to legal affairs as the High Court may, by rules, specify.

Such Magistrates are called Special Metropolitan Magistrates and are appointed for a term
not exceeding one year at a time, as the High Court may direct. The High Court or the State
Government may empower any Special Metropolitan Magistrate to exercise, in any local area
outside the metropolitan area, the powers, of a Judicial Magistrate of the First Class.

Subordination of Metropolitan Magistrates [Section 19]:

The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate is
subordinate to the Sessions Judge; and every other Metropolitan Magistrate is, subject to the
general control of the Sessions Judge, subordinate to the Chief Metropolitan Magistrate.

The High Court may, for the purposes of this Code, define the extent of the subordination, if
any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders,
consistent with this Code, as to the distribution of business among the Metropolitan
Magistrates and as to the allocation of business to an Additional Chief Metropolitan
Magistrate.

The Chief among the Judicial Magistrates in the district will be the Chief Judicial Magistrate
(Section 12) and in respect of a Metropolitan area the Chief Metropolitan Magistrate (Section
17). Similarly in respect of the executive administration of criminal matters in a district the
District Magistrate.

Sessions judges Sessions / Addl. Sessions Judge/ Asst.

Sessions Judge
Judicial Chief Judicial Magistrate/Additional
Magistrates (JM) CJM /Judicial Magistrates of First Class /
Second Class/ Special Judicial Magistrates

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 Metropolitan Chief Metropolitan Magistrate/Additional
Magistrates Chief Metropolitan Magistrate
(MM) /Metropolitan Magistrate/ Special
Metropolitan Magistrate.
Executive District. Magistrate/Additional District.
Magistrates Magistrate. / Sub-Divisional Magistrate/
(EM) Executive Magistrate /Special Executive
Magistrate.
POWER OF COURTS TO TRY OFFENCES

Chapter III of CrPC deals with power of Courts. One of such power is to try offences.
Offences are divided into two categories:

*Those under the Indian Penal Code; and

*Those under any other law.

According to Section 26, any offence under the Indian Penal Code, 1860 may be tried by the
High Court or the Court of Session or any other Court by which such offence is shown in the
First Schedule to be triable, whereas any offence under any other law shall be tried by the
Court mentioned in that law and if not mentioned, it may be tried by the High Court or any
other Court by which such offence is shown in the First Schedule to be triable. This Section is
a general Section and is subject to the other provisions of the Code.

POWER OF THE COURT TO PASS SENTENCES

Sentences which may be passed by the court have been mentioned under section 28 & 29 of
the criminal procedure code.

Sentences which High Courts and Sessions Judges may pass:-

According to Section 28, a High Court may pass any sentence authorized by law. A Sessions
Judge or Additional Sessions Judge may pass any sentence authorized by law, but any
sentence of death passed by any such judge shall be subject to confirmation by the High
Court.

An Assistant Sessions Judge may pass any sentence authorized by law except a sentence of
death or of imprisonment for life or of imprisonment for a term exceeding ten years. Thus,
Section 26 of the Code enumerates the types of Courts in which different offences can be

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tried and then under Section 28, it spells out the limits of sentences which such Courts are
authorized to pass.

Sentences which Magistrates may pass

Section 29 lays down the quantum of sentence which different categories of Magistrates are
empowered to impose. The powers of individual categories of Magistrates to pass the
sentence are as under:

The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a
sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven
years.

A Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding
three years or of a fine not exceeding five thousand rupees, or of both.

A Magistrate of the second class may pass a sentence of imprisonment for a term not
exceeding one year, or of fine not exceeding one thousand rupees, or of both.

A Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial
Magistrate and that of a Metropolitan Magistrate, and the powers of the Court of a Magistrate
of the First class.

Sentence of imprisonment in default of fine

Where a fine is imposed on an accused and it is not paid, the law provides that he can be
imprisoned for a term in addition to a substantive imprisonment awarded to him, if any.
Section 30 defines the limits of Magistrate’s powers to award imprisonment in default of
payment of fine. It provides that the Court of a Magistrate may award such term of
imprisonment in default of payment of fine as is authorized by law provided the that the term:
is not in excess of the powers of the Magistrate under Section 29; and where imprisonment
has been awarded as part of the substantive sentence, it should not exceed 1/4th of the term of
imprisonment which the Magistrate is competent to inflict as punishment for the
offence otherwise than as imprisonment in default of payment of the fine.

Sentences in cases of conviction of several offences at one trial

Section 31 relates to the quantum of punishment which the Court is authorized to impose
where the accused is convicted of two or more offences at one trial.

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(1) When a person is convicted at one trial of two or more offences, the Court may, subject to
the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such
offences, to the several punishments prescribed therefore which such Court is competent to
inflict; such punishments when consisting of imprisonment to commence the one after the
expiration of the other in such order as the Court may direct, unless the Court directs that
such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only
of the aggregate punishment for the several offences being in excess of the punishment which
it is competent to inflict on conviction of a single offence, to send the offender for trial before
a higher Court: Provided that-

in no case shall such person be sentenced to imprisonment for a longer period than fourteen
years;

the aggregate punishment shall not exceed twice the amount of punishment which the Court
is competent to inflict on a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive
sentences passed against him under this section shall be deemed to be a single sentence.

CRIMINAL TRIAL
TRIAL

The Code of Criminal Procedure regulates the legal process relating to the conduct of a
criminal case. In the various stages leading up to the judgment in a criminal case, trial

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occupies a crucial stage. After the completion of investigation and framing of charges, the
trial commences. It is during the trial that the guilt or innocence of the accused is proved.

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's Law Dictionary:

The examination before a competent tribunal, according to the law of the land, of the facts or
law put in issue no cause, for the purpose of determining such issue. A trial is the judicial
examination of the Issues between the parties, whether they are issues of law or of fact.

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Page
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Important Prerequisites of a Trial

The Criminal Procedure in India conforms to the adversary system of criminal trial based on
accusatorial method, and any dispute as to the criminal responsibility of a person is to be
resolved by the criminal court after providing fair and adequate opportunity to the disputants
to place their respective case before the court. It acts as an umpire and decides which party
has proved its case in compliance with the norms of law. This system facilitates an impartial
and competent court to have a proper perspective of the case. The adversary system
recognizes equal rights and opportunities to both the parties i.e., the State and the accused
person, to present their cases before the court. However, in reality, the accused are often
indigent, illiterate persons who are not aware of their right to legal counsel or cannot avail the
services of a competent counsel.

Another significant prerequisite for a fair and just trial is to have an independent, impartial
and competent judge to conduct the trial. No man ought to be a judge in his own cause and
hence where there is such a possibility transfer of cases is necessary to secure impartial trial.
In this particular case, the Supreme Court not only ordered retrial but also transferred the case
from Gujarat to Maharashtra.

Venue of the Trial

Sections 177-189 contain the provisions relating to venue i.e., the place of inquiry or trial.
An important prerequisite is the jurisdiction of the criminal courts in inquiries and trials,
where an offence is usually inquired into and trial by a court within whose purview or local
jurisdiction it was committed. Sometimes it so happens that it is uncertain and difficult to
know or find out in which of several local areas an offence was committed or, where it is
committed partly in one local area and partly in another or it may be a continuing one, and as
such continues to be committed in more than one local areas or several acts done or carried
out in different local areas, then it may be inquired into or tried by a court having jurisdiction
over any of such local areas. [Sec.178]

Categorization of cases for being tried by the Court of Sessions and those triable by the
Magistrates

Triable

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 By Court of Session By Magistrate

(Chapter XVIII)

Ss. 225-237

Warrant Cases Summons Summary

(Chapter XIX) Cases (Chapter

Ss. 238-250 (Chapter XX) XXI)

Ss. 251-259 Ss. 260-265

When an act is an offence by reason of anything that has been done and because of a
consequence that has ensued or resulted, then the offence may be inquired into or tried by a
court within whose jurisdiction the act is done and the consequence has ensued and in the
other case, where an act is on offence by reason of its relation to any other act which is also
an offence it would be inquired into or tried by a court within the local jurisdiction where
either act was done. [Section 179] In case the place of trial is extremely inconvenient and
poses various impediments to the accused person in the preparation of his defense, the trial at
such a place is not considered as a fair trial.

The other prerequisite relates to every criminal trial beginning with the presumption of
innocence in favor of the accused and the burden of proving the guilt of the accused resting
upon the prosecution unless it relieves itself of that burden.

Common Features of Trial

TYPES OF TRIALS
The criminal cases are classified into ‘Warrant cases’ and “Summons cases” based on the
intensity or gravity of the offences to which they relate. A ‘warrant case’ is one which relates
to an offence punishable with death, imprisonment for life, or imprisonment for a term
exceeding two years; and an offence which is not so severely punishable as in a warrant case
is a summon case.

The Code has devised four types of trial procedures:

 Trial before a Court of Session.

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  Trial of warrant cases by Magistrates.

 Trial of summons cases by Magistrates.

 Summary trials.

The first two types of trials relate to warrant cases and the other two to summons cases.

The common features that are attributed to various types of trial are:

 Language of the courts: The State is empowered, under Section 272 to

determine the language of each court within the state with regard to the purpose of the Code.
In case where the language used by a witness or the accused person differs from the court
language, special provisions have been incorporated in Section 277 and 281 for the recording
of the evidence and the statement of such a witness and also of the accused person.

 Power of court to summon and examine witnesses: According to Section

311, any court may, at any stage of any inquiry or trial, summon any person as a witness or
examine any person in attendance, though not summoned as a witness or recall and re-
examine any person who has been already examined. The Section requires the court to
summon and examine, or to recall and reexamine any such person in case his evidence
appears to it to be significant for the just decision of the case. A witness examined by the
court under Section 311 as a court witness can be cross-examined by both the prosecution
and defence. The Supreme Court has ruled that a witness cannot be tendered for cross-
examination alone. Further, both the trial court and the Court of Session can summon
witnesses under this provision. A similar provision exists in the Indian Evidence Act 1872
viz., Section 165. Thus, both under Cr. PC and the Evidence Act, the court can exercise the
power at any stage before the judgment is delivered.

Section 311 is not limited only for the benefit of the accused, and it will not be an improper
exercise of the powers of the court to summon a witness under the sections merely because
the evidence supports the case for the prosecution and not that of the accused. The
prosecution will be closed in case it fails to request the court to summon witnesses under
Section 311. Prayer for recalling the prosecution witnesses after the closure of prosecution
evidence and the recording of statement of the accused under Section 313, based on their
affidavit making amends to their evidence in court was aptly refused by the Punjab of
Haryana High Court.

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The court can direct any person including the accused to given specimen signature or
handwriting under Section 311-A (as inserted by Act 25 of 2005). A similar power is given to
the court under Section 73 of the Evidence Act.

 Power of Court regarding payment of expenses of complainants and

witnesses:

Usually the State Government makes rules for the payment of expenses of both the
complainants and the witnesses on attending the courts with regard to inquiry or trials and if
no such rules exist, then any criminal court may order payment of reasonable expenses on
behalf of the government. [Section 312]

APPOINTMENT OF COMMISSIONS
Where during any inquiry, trial or other proceeding under this Code, the court or magistrate
considers that the examination of a witness is necessary for the ends of justice, and that the
attendance of such witness cannot be procured without delay, expense or inconvenience
which would be unreasonable, the court may issue a commission for the examination of the
witness [Section 284(1)]. The issuing of a commission is a judicial power and should not be
arbitrarily exercised.

If the examination of the President or the Vice President of India or the Governor of a State
or the Administrator of a Union Territory as a witness is necessary for the ends of justice, a
commission may be issued for the examination of such a witness. The court may direct that
such amount as it considers reasonable to meet the expenses of the accused, including the
pleader’s fees be paid by the prosecution, when issuing a commission for the examination of
a witness.[Sec.284(2)].

The commission shall be directed to the Chief Metropolitan Magistrate or Chief Judicial
Magistrate, under whose local jurisdiction the witness is to be found, within the territories in
which this code extends [Sec.285(1)].

The Commission shall be directed to such court or officer as the Central Government may
specify where the witness is in India, but in a state or an area to which this Code does not
extend [Sec.285(2)] and where the witness is outside India and arrangements have been made
by the Central Government with the government of such country or place for taking the
evidence of witnesses in relation to criminal matters, the commission shall be directed to such
court or officer, and sent to such authority for transmission, as the central government may
prescribe in this behalf [Sec.285(3)].

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Execution of Commissions
The Chief Metropolitan Magistrate, the Chief Judicial Magistrate or such Metropolitan or
Judicial Magistrate, as may be appointed in this behalf, shall summon the witness before him
or proceed to the place where the witness is, and shall take down his evidence in the same
manner besides exercising the same powers, as in trials of warrant cases under this Code
[Section 286].

Where a commission is issued, the parties to the case may also examine the witnesses. They
can forward any interrogatories relevant to the issue and the commission shall examine the
witness upon such interrogatories [Section 287(1)]. Such party may appear before such
magistrate, court or officer by a pleader, or in person, and may examine, cross-examine and
re-examine the said witness [Sec.287 (2)].

STAGES OF TRAIL
Pre trial stage
Trial stage
Post trial stage

PRE TRIAL STAGE

For getting set in motion a criminal trial or criminal proceeding, three methods are provided
by the CrPC.

Those are;

A.  FIR under section 154

B.  Complaint to the magistrate

C.  Non-Cognizable offence under section 155

A. CRIMINAL TRIAL STARTED BY AN FIR.

1. FIR Sec. 154:- 

FIR is the first stage of a criminal trial, but actually, it is a pre-trial stage. Whenever any
cognizable offence is committed by any person FIR is lodged by the police officer against
him. That complaint lodged orally or reduced into writing before the police station within
whose jurisdiction offence is committed. Even it may be lodged in any police station having

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no jurisdiction on the matter called Zero FIR. The police officer-in-charge of the police
station considers and registered it.

FIR is information about the cognizable offence given to a police officer and reduced to
writing as required by section 154 is called the "First Information Report". Actually, the word
FIR is not mentioned in this code anywhere, here the word "First Information Report" is
used. This information must relate to the cognizable offence. According to section 154, it
may be defined as follows:

1. It is the information which is given to the police officer,   

2. Information must relate to a cognizable offence, 
3. It is the information first in point of time,  
4. It is on the basis of the information that investigation into the offence commences.

Zero FIR

 Zero FIR means where the first information report is lodged in a police station having no
territorial jurisdiction. When any information comes in a police station having no jurisdiction
in this matter, then the officer in charge of that Police Station will lodge the FIR in his police
station, but he will not numbered FIR or he will write serial no. 00 on it and will be sent to
the police station which has territorial jurisdiction over this matter and the police officer
record the information and will write serial no. on it. It is called Zero FIR. It has the same
status as an FIR under section 154 of CrPC 1973.

2. Investigation:-

The second step is after the lodging of FIR under section 154 is the investigation by the
investigation officer (IO) of the matter as per section 156 and follows the procedure provided
under section 157. 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 charge sheet or a
closure report. On completion of investigation, if the police feel that no prima facie case is

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made out final report will be filled before court. If the investigating officer feels that a prima
facie case is made out, it will file a charge sheet before court. The magistrate has to pass
necessary orders on final reports and charge sheets. Depending on the order of magistrate the
case will be either dropped or put forwarded for charges and trial.

During investigative phase evidence is collected. police examine witnesses and record their
statements, collect material objects, conduct searches and seizures, arrest the accused, record
their statements and confessions, arrange for test identification parades, obtain scientific
reports and opinions from experts and prepare a case diary of all of it for each of the cases
investigated.          

During the investigation, a police officer can arrest a suspect and took him for remand. After
the arresting of the suspect accused has to be produced before the magistrate within 24 hours
from the time of the arrest. 

3. Remand under section 167:

Meaning of the Remand is “to send back”.  It means when a person an accused arrested by
the police officer then the police officer can’t keep the accused in its custody for more than
24 hours(sec. 57 CrPC), he has to present the accused before the Magistrate after the
completion of such period, for more detention in the custody.

Then the magistrate will order for more detention of the accused in the custody, it is called
remand. It is also known as “pre-trial detention”. Sections 56, 57, 167, and 309 of the code
deal with the procedure to be adopted in relation to grant of remand (judicial remand as well
as police remand).

When the investigation cannot be completed within 24 hours officer in charge can ask for
police custody of the accused under section 167. On the application of officer-in-charge the
magistrate considered that it is necessary for the further investigation he can grant police
custody of the accused which shall not be more than 15 days as a whole. If the magistrate
does not fit proper to grant police custody then he may grant judicial custody.

Type of remand:-

 The remands are of two types;

1. Judicial Remand or Judicial Custody:    

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 In judicial custody, the accused is sent to the local jail or some other establishment under the
watchful eyes of the judiciary. In simple language, it means the custody of the accused in the
hands of the judiciary.

2. Police Remand or Police Custody:-

 In police custody, the accused is sent to the police station’s jail. In this police seeks custody
of an accused to interrogate him or for recovery of booty etc.

4. Bail:-

After the granting of judicial custody an accused can apply for a grant of bail, under the
provision of section 436, 437 and 439 Code of Criminal Procedure, 1973.

It is of prime significance that the very concept of bail arises from a presumption, of the
accusatorial system, of innocence till proven guilty. As such an individual’s liberty which is a
fundamental right under Article 21 of the constitution cannot be compromised until he is
convicted and thus proven guilty. Thus he is allowed to furnish security (in the form of bail)
to secure the presence of the accused for trial while enabling him to retain his or her liberty.
Thus law of bails must continue to allow for sufficient discretion, in all cases, to prevent a
miscarriage of justice and to pave way to the humanization of criminal justice system.

5. Sec. 27 of Evidence Act:- 

During the investigation police officer in-charge can search, seize the material from the
possession or elsewhere kept by the accused.

6. Charge Sheet 173:

 In the investigation, the conclusion is made by the investigating officer by examining fact
and circumstances, collecting evidence, examining the various people and taking their
statement in writing and all the other steps necessary for completing the investigation and
then that conclusion is file to the Magistrate as a police report called Charge Sheet.

 When the police officer found that only incriminating subsistence and the prima facie case is
made out then he put up a charge sheet against the accused before the Magistrate. After the
filing of charge sheet the actual trial starts. After this the trial starts.

B. COMPLAINT TO THE MAGISTRATE

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The police officer can investigate on receiving an order to investigate by a judicial magistrate
empowered to take cognizance of any offence under Section 190.

Under Section 190, the magistrate can order an investigation by a police officer, only before
he has taken cognizance of the case and not after taking cognizance, the latter being governed
by Section 202(1) of the Code.

Difference between both –sec 156 and 202 investigations the power of the magistrate to
order an investigation under Section 156(3) is in the pre-cognizance stage whereas under
Section 202(1), it is in the post cognizance stage.

C. NON-COGNIZABLE UNDER SECTION 155

Information as to non-cognizable cases and its investigation:Officer in charge shall enter

/cause to be entered the substance of information in the book to be kept by such officer and
refer the informant to magistrate. No police officer can investigate a non-cognizable offence
without the order of magistrate having power to try such case /commit the case for trial. Any
police officer after receiving such order shall have same powers as that of cognizable offence.

Where a case relates to two or more offences of which at least one is cognizable offence then
the case is deemed to be cognizable offence irrespective of other offences being non
cognizable .

After this, three types of Trials came into existence, which are as follows:-

TRIAL STAGE
1.  Trial of Warrant Case

a. By court of sessions
b. By Magistrate

2.  Trial of Summons Case

3.  Summary Trial 

1. TRIAL OF WARRANT CASE

Warrant cases tend to be serious in nature than summons cases. The more serious warrant
cases are conducted by a Court of Session whereas other less serious warrant cases are triable

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by magistrates and this could well be assessed with the help of entry made in Column 6 of the
First Schedule. A Court of Session cannot directly take cognizance of any offence except in
case of defamation of dignitaries and public servants and in cases of murder. The trial in
these cases of defamation is to be conducted by a Court of Session in compliance with the
normal procedure followed by a magistrate in the trial of warrant case, subject to special
provisions made by Section 237.

The High Court has got the power to try any offence under Section 26, but it does not
conduct any trial, nor does the First Schedule indicate any offence as being triable by a High
Court, except on rare occasions it may try the case itself either on the orders of the
government or on its own.

The procedural aspect is divided into two parts. The first one deals with the procedure
adopted by a Court of Session in warrant cases and the second one deals with the trial
procedure to be followed by Magistrates in other warrant cases.

a. Trial before a Court of Session

Prosecution (S.225)
The prosecution in every trial before a Court of Session is conducted by a Public Prosecutor
(S 225), whereas an accused person has a right to be defended by a counsel of his choice and
the court would assign a lawyer for his defense at the expense of the State, in case the
accused has no sufficient means to engage a pleader. It is the duty of the court to provide the
accused person with copies of the documents like the police report, FIR statements recorded
by police, etc.

Opening Case for Prosecution (S.226)

The prosecution will open the case after the accused appears or is brought before the court by
describing the charge brought against the accused and stating by what evidence he proposes
to prove the guilt of the accused.

Discharge of accused [S.227]

If the judge considers that there is no sufficient ground for proceeding against the accused,
even after furnishing of requisite documents and submissions of the accused and the
prosecution in this behalf, he will discharge the accused and record his reasons accordingly.
In the beginning stage of the trial the veracity of the evidence which the prosecution proposes
to adduce is not to be meticulously judged. The court possesses a comparatively wider

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discretion to determine the question whether the material on record, if rebutted would result
in a reasonably possible conviction.

Framing of charge (S.228)

On the grounds of considering the record of the case and after hearing the parties, if the court
presumes that the accused has committed an offence which –

 is not exclusively triable by the Court of Session, the court will transfer the
case for trial to the Chief Judicial Magistrate or any other Judicial
Magistrate of the First Class and direct the accused to appear before the
Chief Judicial Magistrate or the Judicial Magistrate of the First Class on
such date as the judge deems fit and there upon such magistrate will try the
offence in accordance with the procedure for the trial of warrant cases
instituted on a police report.

 is exclusively triable by the Sessions Court, it will frame in writing a charge

against the accused [S.228(1)]

 The court has the power of assessing and evaluating the materials for the
limited purpose of finding out whether or not a prime false case against the
accused has been made out and the test to determine it would naturally
depend upon the facts of each case and would be difficult to lay down a rule
of universal application.

The standard of test, proof and judgment which is adopted in order to find about the accused
being guilty or not may not be applicable at the stage of Sec.227 or 228, besides a strong
suspicion resulting from materials on record, would lead the court to a presumptive opinion
that may justify the framing of charge against the accused with regard to the commission of
the offence.

Explanation of Charge
The charge that has been framed against the accused will be read and explained to him. The
accused will be asked whether he pleads guilty to the offence or claims to be tried
[Section.228 (2)].

Conviction on plea of guilty (s.229)

Once the accused pleads guilty, the judge will record the plea and thereby convict him
[S.229]. The person would be considered to have pleaded guilty, based on his pleading guilty
to the facts that constitute the offence without adding anything external to it. The Supreme

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Court has clarified that if an accused, who has not been confronted with the substance of
allegations against him, pleads guilty to the violation of a provision of law, that plea is not a
valid plea at all. The court will follow the procedure for passing the sentence or other post
conviction orders, once the accused is convicted on his plea of guilt.

Date for prosecution evidence (s.230)

When the accused does not plead guilty, or has refused to plead guilty or claims to be tried or
is not convicted under Section 229, the court will fix a date for the examination of witnesses
and will issue to the process for compelling or the attendance of any witness or the
production of any document or other thing [S.230]

Prosecution Evidence (S.231)

The court will receive all such evidence that may be produced in support of the prosecution
on the date so fixed or specified [S.231]. The court will also allow the cross-examination of
any witness to be deferred until any other witness or witnesses have been examined, or recall
any witness for further cross-examination [S.231(2)]. The prosecution is supposed to examine
all material witnesses for clarification of the prosecution story, irrespective of that testimony
being for or against the case for the prosecution. In case where several persons are present at
the time of occurrence, the prosecution is not bound to call and examine each of these
persons. Similarly if a witness is won over by the accused or if he turns hostile and as such is
unlikely to state the truth, the prosecution would be justified in not examining such a witness.
If the prosecutor comes to know through investigating agency, that the witness or witnesses
have turned hostile, and might not support the prosecution case then he should inform the
same to the court. If the version given by any witness or witnesses does not support the
prosecution case, then it would be unreasonable to insist on the public prosecution to examine
those witnesses for prosecution and the court would be justified in drawing an inference,
adverse to the prosecution if the prosecution had not examined witnesses for reasons not
tenable or proper. Generally the court can recall the witnesses at any stage except when the
Public Prosecutor does not request for recalling them.

Record of Evidence
 The evidence of each witness will be taken down in writing either by the
judge himself or by his dictation in open court or under his direction and
superintendence by an officer of the court [S.276(1)]

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  Usually the evidence is to be taken down in the form of a narrative but
within the discretion of the preceding judge, it can be taken down in the
form of question and answer.

 When the witness gives evidence in the language of the court, then it must
be recorded in the same language or in case he gives evidence in other
language, it should be taken down in that language or else a true translation
of the evidence into the language of the court should be prepared and signed
by the judge, which would form part of the record.

 After the evidence of each witness is completed, it will be read over to him
in the presence of the accused and may be corrected, if necessary [Sec.278
(1)]. If any objection is raised by the accused, the judge may, instead of
correcting the evidence make a memorandum of the objection with
necessary remarks. [Sec.278 (2)].

 When the record of the evidence is in a language other than in which it has
been given and the witness could not understand it, then the record would
be interpreted to him in a language which he understands. [S.278 (3)].

 The evidence so collected will be signed by the judge and it will form a part
of the record. [S.276(3)]

 At the time of recording the evidence of witness, the judge will also record
such remarks pertaining to the demeanors of such witness during
examination [S.280] it helps the appellate court in assessing the value of the
evidence.

 The evidence is interpreted to the accused or his lawyer, as required.

[S.279]

Arguments on Behalf of Prosecution

After the evidence is recorded, the prosecution sets forth with its arguments, both oral and
written.

 Examination of Accused

After the prosecution submits its arguments the court will proceed to
examine the accused person under Section 313.

 Acquittal of Accused

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 The court will hear the parties after taking the evidence for the prosecution
and examining the accused. It will record an order of acquittal in case it
finds no incriminating evidence against the accused, pertaining to the
commission of offence. [Section 232]

 Entering upon Defence

The accused will be called upon to enter upon his defense and adduce any
evidence in support of his defense [S.233 (1)]. The process for the purposes
of the attendance of any witness or the production of any documents or
thing, will be facilitated on the request of the accused and the court will turn
down the request, if it is made for vexatious purposes or for causing delay
[S.233(3)].

 Written statement of the Accused: The judge will file any written
statement with the record put in by the accused.

 Record of Evidence: The evidence of the accused and defense witnesses

will be recorded in the same manner as provided under Section 276-280 of
the Code.

Apart from the witnesses produced by both the accused and defense
counsel, the court may summon any person as a court witness.

 Arguments

When the examination of the witnesses for the defense is concluded, the
prosecutor would sum up his case and the accused or his pleader would be
entitled to reply. Similarly where the defense raises a legal issue, the Public
Prosecutor would be entitled to make his submissions in this regard.

Judgment
As a rule, the court delivers judgment after hearing arguments and the provisions related to
the delivery and pronouncement of the judgment, its language and content, various directions
pertaining to the sentence and other post conviction orders, etc are all incorporated in
Sections 353-365.

Post-conviction
Where the Court convicts the accused person it may release the offender after conviction on
admonition or on probation of good conduct in compliance with the provisions of Section 360

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or of the Probation of Offenders Act 1958. When the offender is not released the court will
hear him on the question of sentence and then pass sentence on him according to law [S.235
(2)].

Previous Conviction
When the accused does not admit to previous convictions, charged under Sec.211(7), the
court will after it has convicted the accused under Sec.229 or 235 take evidence in respect of
the alleged previous conviction and will record a finding therein [S.236]. It is meant for
determining liability of the accused to enhance punishment as a result of previous conviction.

b. Trial before Magistrates

The record made during investigations by the police under a warrant case instituted on a
police report is available to the court and to the accused for the purpose of trial. Such record
is not existent in warrant case instituted otherwise than on police report. In these cases some
special provisions become necessary to allow the accused to know the facts of the case on
which the prosecution is based before he is called upon to defend himself.

The provisions dealing with the trial in warrant cases by magistrates are categorized into
three groups.

 Cases instituted on a police report. [Secs.238-243]

 Cases instituted otherwise than on a police report. [Secs.244-247] and

 All warrant cases whether instituted on a police report or otherwise.

[Secs.248-250]

CASES INSTITUTED ON A POLICE REPORT

Providing Requisite Copies to the Accused
The magistrate will ensure that the requisite copies of FIR, statements of persons recorded by
police during investigations etc., are provided to the accused on his appearance or on being
brought before a magistrate at the time of commencement of trial, in compliance with
Sec.207and S (238).

Discharge of Accused
The magistrate deliberates on the record of the case and carries out necessary examination of
the accused and then hears the arguments of both the parties in support of their respective
cases. Following are the three preliminary steps before a discharge is ordered

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  Consideration of police report and the document referred to in Sec.173,
which is furnished to the accused.

 Examination, if any, of the accused as the magistrate thinks necessary.

 Providing prosecution and the accused an opportunity of being heard and

then to consider whether the charge is groundless. Thus the discharge
contemplated under Sec.239 is a statutory right and a third party cannot
have any say in the matter. However, when the magistrate considers the
accusation to be groundless, he will discharge the accused and record his
reasons for the same [S.239].

Framing of Charge
After pursuing the records and having both sides argued, if the magistrate thinks that there is
a ground for presuming that the accused has committed an offence he will frame a charge in
writing against the accused. [S.240 (1)]. However, the magistrate must be competent to try
the case. The court should not automatically frame the charges based on the prosecution
story, but must apply its mind. It is the responsibility of the court to frame the charges.

Explanation of the Charge to the Accused

After the charges are framed they will be read out and explained to the accused and he will be
asked whether he pleads guilty of the offence charge on claims to be tried [S.240 (2)].

Conviction on Plea of Guilty

The magistrate will record the plea and may convict the accused on his plead guilty [S.241].
It is not necessary that the magistrate should convict the accused when he pleads guilty.

Fixing of Date
When the accused refuses to plead or does not plead, or claims to be tried, or the magistrate
does not convict the accused, the magistrate will fix a date for the examination of witnesses
[S.242 (1)]. On the application of the prosecution, the magistrate will issue summons to any
of its witnesses, directing him to attend or to produce any document or thing [S.242 (2)]

Evidence for Prosecution

The magistrate is to take the evidence produced by the prosecution on the date specified for
the examination of witnesses and the magistrate will permit the cross examination of any
witness to be deferred until any other witness has been examined, or recall any witness for
further cross-examination [S.242(3)].

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Record of Evidence
Almost all the provisions regarding the manner in which the evidence is taken [S.245], the
reading order of the evidence to each witness [S.278], the recording of remarks in respect of
the demeanors of a witness [S.280], the language in which the evidence is to be recorded
[S.277], the interpretation of the evidence to the accused or his pleader [S.279] are the same
as are applicable in respect of evidence recorded in a trial before a Court of Session. The
Magistrate may cause the evidence to be taken down under his direction and superintendence
by an officer of the court in case he could not take down the evidence in writing by himself or
by his dictation in open court owing to his physical or other inability or incapacity. The
Magistrate will record a certificate to the effect [S.275 (2)].

On completion of the prosecution evidence two important steps are to be

followed:

 Oral arguments and submission of memorandum of arguments on behalf of

the prosecution [S.314] and

 Examination of accused under Sec.313 (1) (b).

Evidence for the Defence

Examination of Witnesses:

Under [Sec.243 (1)], the accused will be called upon to counter his defense and produce his
evidence. If desired by the accused, the magistrate is to issue process for compelling the
attendance of any witness for the purpose of examination or cross-examination or the
production of any document or other thing. The Magistrate will refuse to issue the process if
the request for the same is made by the accused for the purpose of vexation or delay or for the
purpose of defeating the ends of justice. However, if the accused has had an opportunity to
examine any witness before entering upon his defense, the court will not issue process to
compel the appearance of such witness until it thinks it necessary in the interest of justice. [S.
243(2)].

Written Statement

If the accused puts any written statement the magistrate will file it with the record.

Record of the Evidence

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The evidence for the defense will be recorded in the same manner and subject to the same
rules as followed for the prosecution in the trial before a Court of Session.

CASES INSTITUTED OTHERWISE THAN ON A POLICE REPORT

Hearing the Prosecution case
On a case instituted otherwise than on a Police report, the magistrate will take all such
evidence as may be produced in support of the prosecution, when the accused appears or is
brought before the court. [S.244].

Discharge of Accused
After taking evidence, if the magistrate considers, for reasons to be recorded, that no case
against the accused has been made out which, if un-rebutted, would warrant his conviction,
the magistrate will discharge the accused person. [S.245 (1)]. He will discharge the accused,
even at any previous stage of the case, if he considers the charge to be groundless [S.245 (2)].
In both cases the magistrate is required to record reasons and has to exercise his power to
discharge the accused judiciously, and not arbitrarily or capriciously.

Sec.245 (1) deals with the taking of all the prosecution evidence, but Sec.245 (2) relates to
cases in which the accusation seems to be groundless ab initio or if it appears, that the
examination of all or any of the remaining witnesses for the prosecution cannot materially
help the prosecution. The discharge of the accused is improper, when a prima facie case is
made out against him, under Sec.245 (2).

Framing of Charge
The magistrate will frame in writing a charge against the accused, based on his presumption
that the accused has committed an offence for which he is competent to try and to punish the
accused adequately. [S. 246 (1)]. In order to frame a charge, the evidence submitted should
be such that if un-rebutted by the defense, the accused could be convicted on it.

Explaining the Charge and the Plea of the Accused

The Charge after being framed shall be read over and explained to the accused and he will be
asked if he wants to plead guilty or claims to be tried. [S.246(2)& (3)]

Accused can Recall Prosecution Witnesses

In case the accused refuses to plead or does not plead guilty, or claims to be tried, or if the
accused is not convicted by the magistrate on the accused pleading guilty, the magistrate will
require the accused to state whether he would wish to cross-examine any of the prosecution
witnesses, whose evidence has been taken at the commencement of next hearing of the case

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or immediately. [S 246(4)]. If the accused wishes to cross- examine any witness forthwith,
the witnesses so named shall be recalled. [S.246(5)].

Evidence for Prosecution

The prosecution before the framing of the charge examines all the witnesses and they would
be recalled for further cross-examination at the instance of the accused. Then the evidence of
the remaining witnesses for the prosecution would be taken [S.246 (6)]. The magistrate
would grant reasonable time, in case the accused wants time to cross-examine the witnesses
whose names were not disclosed before the charge was framed.

Evidence for the Defence

Thereafter the accused will be called upon to enter upon his defense and to produce his
evidence. There is no scope for the accused to lead evidence until the prosecution is closed
and the examination of the accused under Sec.313 of the Code is completed. The Supreme
Court has opined that the Parliament can amend this procedure in respect of such evidence.
The steps to be followed to adduce the defense evidence are also the same as mentioned in a
case instituted on a police report.

Cases which Magistrate cannot dispose of

 The Code prescribes a special course to be adopted by the magistrates where
they do not have jurisdiction to try the case or case is one which may be tried
by some other magistrate in the district or by the Chief Judicial Magistrate. In
the above circumstances the magistrate will stay the proceedings and forward
or submit the case to the Chief Judicial Magistrate who may thereupon try the
case himself, or refer it to any competent magistrate subordinate to him
[S.322]

 If the magistrate feels that the case is one, which ought to be tried by a
Court of Session, he will assign it to that court [S.323].

 When Sentence Sufficiently Severe cannot be passed. After hearing the

evidence, if the magistrate is of opinion, that the accused is guilty and that
he ought to receive a server or different punishment than the one which the
magistrate is empowered to inflict, he may record his opinion and submit
his proceedings, and forward the accused to the Chief Judicial Magistrate
[S.325 (1)]. The Chief Judicial Magistrate will examine the parties, and will

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 recall and examine any witness, and may take any further evidence in order
to pass such judgment, sentence or order as he thinks fit. [S.325 (3)].

Common Provisions regarding Conclusion of Trial

ACQUITTAL OR CONVICTION
The magistrate will give judgment after the closure of evidence for the defense and upon
hearing arguments. He will record an order of acquittal (S.248(1)) if he finds the accused not
guilty after a charge has been framed and on finding the accused guilty, he will hear the
accused on the question of sentence before passing sentence upon him as per the law
[S.248(2)].

PREVIOUS CONVICTION
If an accused does not admit to previous conviction charged under Sec.211(7), then the
magistrate may after he has convicted the said accused, take evidence in respect of the
alleged previous conviction and record a finding thereon. No charge will be read out by the
magistrate or referred to in any manner by the prosecution unless and until the accused has
been convicted under Sec. 248(2) as mentioned earlier.

COMPENSATION FOR ACCUSATION WITHOUT REASONABLE CAUSE

While discharging or acquitting the accused, if the magistrate thinks that there was no
reasonable ground for making the accusation against the accused, then he will call upon the
person who makes such accusation to show cause as to why he should not pay compensation
to the accused [S.250(1)]. After hearing the person, the magistrate may, for reasons to be
recorded, make an order for fixing the compensation, to be paid by such person to the
accused for the amount of fine which the magistrate is empowered to impose [S.250(2)]. In
default of payment of compensation, the person has to undergo simple imprisonment for a
period not exceeding thirty days [S.250 (3)].

2. TRIAL OF SUMMONS CASES

Summons cases are relatively less serious in nature therefore the trial procedure is not as
elaborate and formal as in warrant cases. The courts have been empowered to also use
summary procedure that is essentially an abridged form of summons case procedure, in
respect of certain petty cases including mostly summons cases and a few warrant cases.

The following is the procedure followed in respect of trial in a summons case.

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Substance of Accusation to be Stated
When the accused appears or is brought before the magistrate, the particulars of the
accusation against him will be stated to him, but it is not necessary to frame a formal charge
against him (S.251). A mere omission to state the particulars of the accusation to the accused
is not to be considered as an illegality vitiating the trial. However the omission should not
have caused any prejudice to the accused and the accused should have been examined under
Sec.313. Such an omission happens to be a mere irregularity curable under Sec.465. If the
prosecution report does not make out an offence under a Statute, then an accused cannot be
convicted even on admission of guilt. After the accusation is stated to the accused the court
will then ask the accused person, whether he pleads guilty or has any defence to make.
[S.251].

Conviction on Plea of Guilty

On pleading guilty, the magistrate will record the plea as nearly as possible in the words used
by the accused and may convict him thereon [S.252]. When the accused persons are more
than one in number, then the plea of each of the accused can separately be recorded in his
own words after the accusation is read over to him. In a summons case trial it is not necessary
to frame a formal charge. The provisions regarding joinder of charges and joint trial of
persons are applicable in respect of such trials.

Special Summons in Case of Petty Offence

In certain petty offences, under Sec.206, an accused who is willing to plead guilty need not
appear in the court, provided he satisfies the conditions of Section 206. Accordingly if the
accused desires to plead guilty without appearing before the magistrate, he can send to the
magistrate a letter containing his plea and also the amount of fine specified in the summons.
When a pleader is authorized by the accused to plead guilty on his behalf, then the magistrate
will record the plea almost or as nearly as possible in the words used by the pleader and may
convict the accused on such plea and sentence him accordingly. [S.253].

Hearing the Prosecution when not Convicted

The magistrate will proceed to hear the prosecution, in case he does not convict the accused
on his plea of guilty [S.254(1)]. This implies that the magistrate will allow the prosecution to
open its case by giving the facts and circumstances forming the offence and stating evidence
which would prove its case.

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Evidence for the Prosecution
The magistrate will take evidence, produced in support of the prosecution [S.254 (1)] and on
the application of the prosecution, issue a summons to any witness directing him to attend or
to produce any document or other thing. [S.254 (2)].

Record of Evidence
The magistrate will make a memorandum of the substance of his evidence in the language of
the court as the examination of each witness proceeds and if he is unable to make such
memorandum himself, he will record the reason for his inability and cause such
memorandum to be made in writing or from his dictation in open court. [S.274(2)].

The provisions pertaining to the explanation of evidence to the accused in certain cases
[S.279] and the recording of the remarks, regarding the demeanor of the witness [S.280] are
same as are applicable in respect of evidence recorded in a trial before a court of session.

Oral Arguments and Memorandum of Arguments

Soon after the conclusion of evidence, any party to a proceeding can address concise oral
arguments, if any, and submit a memorandum to the court setting forth their arguments
concisely and under distinct headings. This will form part of the record.

Examination of the Accused in Person

The court is required in every trial to conduct such an examination of the accused after taking
of the prosecution evidence. However, in a summons case, where the court has dispensed
with the personal attendance of the accused, the court will dispense with such examination of
the accused. [S.313 (1)(b)].

Hearing the Defence

The magistrate will hear the accused and take all such evidence as he may produce his
defense [S.254(1)] and on the application of the accused, the magistrate will issue summons
to any witness directing him to attend or produce any document or other thing. [S.254 (2)]

Evidence for Defence

The Court will receive all the evidence and record it as done in respect of the prosecution
evidence.

Arguments
The accused is allowed to submit his argument after the conclusion of the defense evidence.

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Procedure in Cases that cannot be Disposed of by the Magistrate
When the magistrate considers –

 that he has no jurisdiction to try the case [S.322] or

 that the case is to be committed to other magistrate in the district or

Sessions Court for trial. [S.323]

 that he may not be able to pass sufficiently severe sentences, he will follow
the procedure as mentioned earlier as applicable in similar circumstances in
a trial of a warrant case before a magistrate.

Acquittal or Conviction
The magistrate will take evidence referred to in Sec.254 and such further evidence, if any,
and if he finds the accused not guilty then he will record an order of acquittal. [S.255 (i)]. In
case after considering the entire evidence, the magistrate finds the accused guilty, he is
required to pass sentence on him as per the law. Nevertheless, the magistrate in the wake of
the consideration of character of the offender, the nature of the offence and the circumstances
of the case, may release the offender after admonition or on probation of good conduct under
Sec.360 or under the Probation of Offender Act 1958 [S.255(2)]. An accused cannot be
acquitted on the death of the complainant in a summons case instituted on a private complaint
and person related to the deceased complainant is permitted to continue with the trial. Other
provisions pertaining to delivery and pronouncement of the judgment, its language and
content, etc., are incorporated in Sections 353-365.

Accused though not Charged can be Convicted

A magistrate may convict the accused of any offence, under section 252 or Sec.255, though
he is not charged with the same, where from the facts admitted or proved the accused appears
to have committed the offence. The magistrate would take such a course of action only when
is satisfied that it would not prejudice the accused [S.255 (3)].

Court’s Power to Convert Summons Cases into Warrant Cases

In the course of the trial of a summon-case regarding an offence punishable with
imprisonment for a term exceeding six months, the magistrate in the interests of justice,
would try the offence in compliance with the procedure for the trial of warrant cases, and he
may proceed to rehear the case in the manner prescribed by this code for the trial of warrant
cases and will recall any witness who have been examined [S.259] and moreover it is not
permissible to try a warrant case as a summons case.

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Compensation for Accusation without Reasonable Cause
The provisions with regard to compensation for accusation without reasonable cause is
incorporated in Sec.250 and applies to summons cases as well..

3. Summary Trials
Summary trials are conducted where the accused has committed offences, which are petty or
trivial in nature. However, every offence is punishable and hence, the offences attract light
punishments

Following are the magistrates, authorized to conduct summary trials

 any Chief Judicial Magistrate,

 any Metropolitan Magistrate,

 any Magistrate of the first class specially empowered in this behalf by the
High court.[Sec.260(1)]

 any magistrate of the second class if empowered by the High Court in this
behalf may summarily try any offence punishable with fine or with
imprisonment for a term not more than six months with or without fine and
any abetment or an attempt to commit any such offence.[S.261] If a
magistrate tries an offence summarily, though not empowered to try in a
summary manner, the trial will become void [S.461(m)]. The magistrate
empowered to try summarily should exercise his discretion judicially.

Offences Triable Summarily

Following are the offences in respect of which summary trials can be conducted

 Offences not punishable with death imprisonment for life or imprisonment

for a term more than two years.

 Theft under any of the Secs.379, 380, 281 of IPC when the value of the
property stolen does not exceed Rs.2, 000.

 Receiving or retaining stolen property under Sec. 411, IPC when the value
of the property does not exceed Rs.2, 000.

 Assisting in the concealment or disposal of stolen property under Sec.414,

IPC, where the value of such property does not exceed Rs.2000.

 Offences under Sections 454 and 456 of IPC (i.e., lurking, house trespass or
house – breaking in order to the commission

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  Insult with intent to provoke a breach of the peace, under Section 504, and
criminal intimidation, punishable with imprisonment for a term which may
extend to two years or with fine, or with both under section 506 of the IPC.

 Abetment of any of the above offences.

 An attempt to commit any of the foregoing offences, when such an attempt

is an offence.

 Any offence in respect of which compliant may be made under Section 20

of the Cattle Trespass Act 1871.

PROCEDURE FOR SUMMARY TRIALS

The normal procedure prescribed for the trial of a summons case will be followed in the trial
of cases to be tried in a summary way. [S.262 (1)]

Punishment: If an accused were found guilty in a summary trial, he would not be sentenced
to imprisonment for a term of more than three months. [S.262 (2)]

Summary trial undesirable in some cases: During the course of summary trial, if it appears
to the magistrate that it would be undesirable to try the case summarily, he will recall any
witness who might have been examined and might proceed to rehear the case in the regular
manner as provided by the Code. [S.260 (2)].

Maintenance of record in summary trials: The magistrate would record the following
particulars in the prescribed format, in every summary trial. [S.260 (3)]

 the serial number of the case;

 the date of the commission of the offence;

 the date of the report or complaint;

 the name of the complainant (if any);

 the name, parentage and residence of the accused;

 the offence complained of and the offence (if any) proved, and in cases
coming under any of the clauses (ii), (iii), (iv) of section 260(1), the value
of the property in respect of which the offence has been committed;

 the plea of the accused and his examination (if any);

 the finding;

 the sentence or other final order;

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  the date on which proceedings terminated.

The record is written in the language of the court.

Judgment
The magistrate will record the evidence and a judgment containing a brief statement of the
reasons for the finding, in every case tried summarily in which the accused has not pleaded
guilty [S.264]. Every judgment is to be written in the language of the court [S.265 (1)] and
should be signed by the Magistrate. [S.265 (2)]

Cases I have worked on during the internship

* On 27.2.12 night at about 12.00 A.M. Balicharan Padhy of village Banthapali, P.S.
Digapahandi lodged a report to the effect that on 25.2.12 at about 11.30 PM while, the
marriage procession of Simanchala Swain wag going on in the Village, his younger brother
Rama Charan Padhy and Syema Padhy were also there. At that time Yudhistir Eloyi, Bansi
Eloyi, Murali Bisoyi who are of village Banthapali being armed with firearms came to
Balishai chowk. Then they created fear to the general public by showing firearms and started
firing at Rama Charan Padhy due to which Rama Charan Padhy died on the spot and Jogi
Routa sustained serious injuries because of the gunshot.

After the firing all there became absconded to another state which is Jharkhand. Police got to
know the information regarding their stay in Jharkhand and arrested them and presented them
before the court. The trail is still going on till date.

Charges on the accused were u/s 302,307,120-B,34 of IPC and 25,27 of Arms Act

* On 25.05.2017 a gang of 5 men were accused of rape and attempt to murder by a complaint
filed by a woman. Women alleged that she was returning from work at night. At that time 5
drunkard man came to her and started harassing her. She opposed to that kind of behavior. By
reaction of the women the drunkard man started using more force on her and took her to the
railway station, Berhampur and raped her. After that they tried to kill her to get rid of the
trouble. But she managed to fly away from the incident and ran towards the police station.
Then she filed a complaint.

Charges on the accused were U/s 376,307,325 of IPC.

* On 26.06.2019 my advocate got the information about a child marriage is going on in

Berhampur district Nayapalli area. We rushed to the place to stop an unlawful event. Bu the

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marriage was already solemnized. On the very next day we filed a complaint before the
district court regarding this matter. In this case the boy was of 22 years of age and the girl
was of 16 years of age. The complaint was made to the district court with relief of asking for
punishment to the made adult and the persons involving in solemnizing that marriage u/ s
9,10 of The prohibition of child marriage act,2006.

DISPOSAL OF CRIMINAL CASES WITHOUT FULL TRIAL

It is usually observed that when a magistrate takes the cognizance of an offence, the accused
would be put on a trial and subsequently, his case will end in his conviction, acquittal or
discharge. This normal course need not necessarily be applicable in all criminal cases, as it
would be rendered impracticable.

The following are the circumstances where a criminal case is disposed of without full trials.

Adoption or Application of Limitation of Time

The accused may raise the preliminary plea that the criminal proceedings against him are
barred by the limitation of time. Section 468 elucidates that no court will take cognizance of
an offence, which is punishable with fine only or with imprisonment up to three years; after
the expiry of the period of limitation. It is applicable in respect of relatively less serious
crimes for the following considerations.

 The testimony of witnesses becomes weaker due to passing of time and

lapse of memory.

 An offender need not be kept under continuous apprehension as that may be

prosecuted at any time for the reason of petty offences.

 If the offender is not prosecuted and punished within reasonable time, then
the very purpose of the different effect of punishment and the sense of
social retribution are lost.

 The period of limitation facilitates in expediting the process of detection

and punishment of the crime by bringing pressure on the organs of criminal
prosecution.

Period of Limitation
The following are the periods of limitations as have by Sec.468(2).

 Six months, when offence is punishable with fine only

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  One year, when offence is punishable with imprisonment for a term not
more than one year.

 Three years, when offence is punishable with imprisonment for a term

exceeding one year but not more than three years. Limitation prescribed
under Sec.468 is to be read with reference to the filing of complaint and not
with reference to the date of cognizance or issuance of process.

Commencement of Period of Limitation

The period of limitation would commence

 On the date of the offence, or

 Where the commission of the offence was not known to the person
aggrieved by the offence or to any police officer, the first day on which
offence comes to the knowledge of such person or to any police officer,
whichever is earlier, or

 When it is not known by whom the offence was committed, the first day on
which the identity of the offender is known to the person aggrieved by the
offence or to the police officer investigating into the offence whichever is
earlier. [S.469 (1)].

The Bombay High Court’s interpretation of [Sec. 469(1)] clarifies that the aforementioned
three classes presuppose (a) knowledge of the offence as also identity of the offence (b)
identity of the offender and (c) knowledge of the offence.

While computing the period of limitation, the day from which such period is to be computed
will be excluded [S.469 (2)]. In case of a continuing offence a fresh period of limitation
would begin, at every moment of time the offence continues [S.472].

Exclusion of Time in Certain Cases

The time during which any person has been prosecuting another prosecution with due
diligence in a court of first instance or in a court of appeal or revision against the offender
will be excluded while computing the period of limitation. This will not be done unless the
prosecution relates to the same facts and is carried out in good faith in a court, which is
unable to entertain it, owing to defect of jurisdiction or any other similar cause [S.470(1)]

When the institution of the prosecution has been stayed by an injunction or order, the period
within which the injunction or order continued will be excluded. [S.470 (2)].

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The period of notice of prosecution, or the time required for obtaining previous consent or
sanction of the government or any authority is required by law for the prosecution of an
offence would be excluded. [Sec.470 (3)]

The time during which the offender has been absent from India or has avoided arrest by
absconding or concealing himself will be excluded. [S.470 (4)].

The court will take cognizance on the day on which it reopens in case the period of limitation
expires on a day of its closing. [S.471]

Extension of the Period of Limitation

When the court satisfies itself of the facts and of the delay, that has been properly explained,
then it will take cognizance of an offence even after the expiry of the period of limitation. in
the case if it is necessary to do so in the interests of justice [S.473]

Compounding of Offences
A crime is a public wrong that is done to society and hence a compromise between the
accused and the victim would vitiate the very norms and essence of legal justice and it would
not absolve the accused from criminal responsibility. Nevertheless, the offences which are
relatively not so serious would be recognized as compoundable offences, [Sec. 320(1)], and
some only with the permission of the court [S.320 (2)]. But non- compoundable offences can
never be compounded even with the permission of the court.

Following are the additional rules incorporated.

 The abetment of compoundable offence or an attempt to commit it is also

compoundable in like manner [S.320(3)]

 If a person is under the age of eighteen years or is an idiot or a lunatic, any

person competent to contract on his behalf could compound such offence
with the permission of the court [S.320(4)(a)]

 If a person is dead, then the legal representative of such person can

compound such offence with the consent of court [S.320 (4) (b)].

 The compounding of the offence with the permission of the court to which
the case is committed or the appellate court, in case an accused has been
committed for trial or where his appeal against his conviction is pending.
[S.320(5)]

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  The court of revision may allow any person to compound such offence if he
is competent to compound such offence. [S.320 (6)].

 If an accused is liable, either to enhanced punishment or to punishment of

different kind owing to his previous conviction, compounding of offence is
ruled out. [S.320(7]

A case may be compounded or compromised at any time before the sentence is passed and
the compromise petition, once filed cannot be withdrawn.

WITHDRAWAL FROM PROSECUTION [S.321]

Discretion of the Prosecutor
A case would be withdrawn either by public prosecutor or an assistant public prosecutor
being in-charge of a case from the prosecution of any person in respect of any one or more
offences for which such person is tried. The prosecutor cannot present any petition for
withdrawal at the appellate stage of a case. And in case the offence is related to an issue or
affair connected with the Central Government, then the prosecutor in charge of the case and
who is not appointed by the Central Government can seek withdrawal from the prosecution
only with the consent of the Central Government.

Discretion of Court
The court grants consent for the withdrawal from the prosecution based on the facts and
circumstances of each case in order to promote the ends of justice. The court may refuse
withdrawal where in its opinion withdrawal would affect public confidence. In Abdul Karim
vs. State of Maharashtra, the State Government wanted to withdraw prosecution against
notorious criminals. The Supreme Court refused to withdraw prosecution and upheld the right
of the general public to prevent withdrawal of prosecutions. After a charge has been framed
or where framing of charges is not required the accused shall be acquitted. Where prosecution
is withdrawn before charge is framed, the accused will be discharged.

Withdrawal of Complaint
A complaint in a trial of summons case initiated on a private report may be withdrawn by the
complainant before a final order is passed if he satisfies the magistrate that there are
reasonable grounds there upon the accused will be acquitted. [S.257]. However, the
complainant cannot withdraw the complaint in a trial of a warrant case initiated on a private
compliant.

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Absence or Non-appearance of Complainant
In a warrant case before the magistrate if the complainant is absent on any day fixed for
hearing of the case, and the offence might be lawfully compounded or is not a cognizable
offence, the magistrate within his discretion would discharge the accused before the charge
has been framed. [S.249]

In a summons case, if the complainant is absent, the magistrate within his discretionary
powers would acquit the accused, or adjourn the hearing of the case, or may dispense with the
attendance of the complainant and proceed with the case. [Sec.256(1)]. This provision is
incorporated to preempt any harassment of the accused by the complainant through delaying
the proceedings by his absence. The provisions incorporated in Sec.256(1) relate to cases
where the non-appearance of the complainant is due to his death [S.256(2)].

Abatement of Appeals [S.396]

Every appeal under Section 377 or 378 would abate the criminal proceedings on the death of
the accused, as their continuance would be meaningless, except an appeal from a sentence of
fine. An appeal against a conviction and sentence of death or of imprisonment also abates on
the death of the accused.

However the appeal does not abate

 Where appeal is for a sentence of fine.

 Where appeal is against conviction and sentence of death or imprisonment

and appellant dies during the pendency of the appeal, his near relatives can
apply to the appellate court for leave to continue the appeal.
The application should be filed within 30 days from the death of the appellant. In such case
the appeal does not abate.

Stopping of Proceedings by Court

A Magistrate of the First Class or any other Judicial Magistrate with the previous sanction of
the Chief Judicial Magistrate may stop the proceedings without pronouncing any judgment in
any summons case instituted otherwise than upon complaint. The magistrate should record
the reasons for doing so. The stoppage would have the effect of an acquittal of the accused if
it is made after recording the evidence of principal witnesses and it would have effect of
discharge before the record of such evidence. [S.258]. the power to stop the proceedings
should be exercised by the Magistrates only under special and unusual circumstances.

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Pardon Tendered to an Accomplice
Criminal proceedings come to an end even where conditional pardon is granted to the accuse
persons in accordance with Sections 306 & 307. Conditional pardon is granted where grave
offences have been committed by several persons, so that with the aid of the evidence of the
person pardoned, the offence could be brought home to rest.

Autrefois Acquit and Autrefois Convict

The principle of double jeopardy is one of the factors that put an end to criminal proceedings.
Thus where an accused has been tried earlier for an offence, he cannot be tried again for the
same offence, whether he has been acquitted or convicted in the earlier case. The following
principles follow from the above doctrine;

 The accused must have been tried by a court of competent jurisdiction.

 Acquittal does not mean discharge of the accused or dismissal of the

complaint.

 The ingredients of the two offences for which he is tried must be identical.

 A person convicted of an offence, can be tried for the same offence again
where the consequences of the offence has led to a change in the nature of
offence. For e.g. Where X was charged with causing grievous hurt to Z, and
Z later succumbed to the injuries, X can be tried for culpable homicide.

Summary
 The Code of Criminal Procedure in consonance with various international
and national covenants has undergone many amendments to ensure fair trial
for every person accused of a crime. The Code envisages different kinds of
trial based on the nature of the offence being tried. Thus the Code provides
for trial in warrant case, in summons case and summary trials. The Code
also provides for the instances where the court disposes of a case without
full trial.

 A Cognizable Offence is an offence where a Police Officer can arrest

without a warrant and a Non-cognizable Offence is one where no arrest can
be made without a Warrant. A Warrant Case means a case relating to an
offence punishable with death, imprisonment for life or imprisonment for a
term exceeding two years. A case other than a Warrant Case is a Summons
Case.

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 Trial in warrants case is more elaborate and thorough when compared to
trial in summons case. This is because warrant cases are serious in nature
punishable with death, imprisonment for life or imprisonment for a term
exceeding two years. On the other hand, the summons cases are less serious
in nature and hence the trial procedure is simple. Also, in case of summary
trials with respect to petty offences the trail is simple.

 Though CrPC is elaborate but it lacks speedy disposal of cases which

should be the utmost importance in a criminal trial in the interest of justice.
The right to a speedy trial is first mentioned in that landmark document of
English law, the Magna Carta. The constitutional philosophy propounded as
right to speedy trial has though grown in age by almost two and a half
decades, the goal sought to be achieved is yet a far-off peak. It a concept
which deals with speedy disposal of cases to make the judiciary more
effective and to impart justice as fast as possible. Article 21 declares that no
person shall be deprived of his life or personal liberty except according to
the procedure established by law. And right to speedy come within the
purview of art 21.

 The Criminal Courts, the Public Prosecutor, the Executive Magistrate and
the Police are the principal limbs of the Criminal Justice System, also
known as the key instrumentalities in the dispensation of criminal justice.
The Code seeks to achieve its objectives through the co-ordination among
them by way of the interweaving of the provisions pertaining to their
powers, duties and the functions, so as not to override each other.

 The Police are the investigating agency that gathers the cogent and material
evidence for the prosecution through its strenuous work; the Public
Prosecutor is the officer of the Court and the mouth-piece of the State. The
Executive Magistrate is the quasi-judicial authority in-charge of the public
peace and tranquility and the Criminal Courts are the final adjudicating
authority; each of them invested with the powers to serve the common
cause of the State’s endeavor in the administration of criminal justice.

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