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    Trial Indian laws

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    10 views24 pages

    Trial Indian Laws

    Uploaded by

    vijaygnlu

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    CHAPTER 6 TRIAL [Sessions Trial, Trial by Magistrates and Summary Trial] IMPORTANT POINTS / ISSUES & CASE LAWS Section 2(w): Summons Case. (b) Section 2(x); Warrant Case. (2) Sessions Trial [Chapter 18: Sections 225 to 237] ial to be conducted by Public Prosecutor. Oo entering upon defence. (f) Section 234: Arguments. (8) Trial of Warrant-Cases by Magistrates. [Chapter 19: Sections 238 to 250} (a) Section 242: Evidence for Prosecution (b) Section 243: Evidence for defence. Section 244: Evidence for prosecution when Cases instituted otherwise than on poi ‘Summons-Cases by M [Chapter 20: Sections 251 to 259] (a) Section 251: Substance of accusation {b) Section 284: Procedure when not convicted. (©) Summary Trial [Chapter 21: Sections 260 to 265} Section 260: Power to try Summarily. Section 262: Procedure for summary trials. (6) Distinction between warrant, summons and summary tri (7) Production of witnesses: Summons and Warrants dence for Prosecution. | | @ (9) Trial of offences against Children. (Aujugivation of Offences by Children). (2) The Commission for Protection of Child Rights Act, | 2008. Seton 13: Functns of Commision | Section 14: Powers relating to Inquiries. Section 15: Steps after Inquiry. Section 25: Children’s Counts. ‘8H High Court: NCPCR v. State of Haryana. (b) The Juvenile Justice (Care and Protection of Children) ‘Act, 2000, Section 5: Procadure, ete., in Section 6: Powors of Juver Section 7: Procedure to be followed by a Magistrate not ‘empowered under the Act. jon 7A; Procedure to be followed when claim of ised before any court ion in respect of pending cases. INTRODUCTION es that every proceedi look as guidelines to Law Framing, law requires that the proceedings shall be fair, but fairnes is a relative, not an absolute concept, what is fair in one set of eireumstancs Triat 63 may be an act of tyranny in others.” This statement by US Court so briefly summarizes the problem with d "Due Process’ Uiough there has to be a fixed standard for everyone to follow and for ‘no exceptions can be ‘made. Thus, there is a need for standardized rules and formats which does not only bring order to society but eases the administration of justice wi uniform application in the Criminal Justice System. This warrants for Procedures of Trial, which we will be briefly discussed in this Chapter, SESSIONS TRIAL (Chapter 18 : Sections 225 to 237) report is filed, the competent magistrate takes cognizance the case is triable by “Court of Session” then under Section 209 transfers the case to it. From the moment of transfer, the “Court Of Session” must adhere to Chapter 18, CrPC. ‘A Summary of Procedure for Sessions Trial (A) The first step in the Sessions Court, after the accused appear or is brought before isthe opening of the prosecution case by the “Public Prosecutor” who will describe the accusation against the accused and state the evidence by which he proposes to prove the guilt of the accused (Sections 225 and 226). After a pol case and (2) Thereafter comes the duty of the court to consider the record of the case and the documents submitted to it and then to heat the submissions of the accused and the prosecution as to whether the accused should be discharged atthat stage or charge shall be framed against him for trial If, on examination of the record and hearing the submissions, as aforesaid, the Judge considers that there is no sufficient reason for proceeding further against the accused, he shall discharge him Section 227). If, however, he is ofthe contrary opinion, ame charge against the accused (Section 228). ) Thereafter, the judge shall have read out and explained the charge to the accused, and thereafter he shall be asked whether he pleads guilty to the charge or claims to be tried [Section 228(2)]. Ifthe accuseid pleads guilty the judge may convict him at once, after recording the plea (Section however, he refuses to plead guilty or cl date for taking evidence for the prosecution, and attendance of such witnesses as applied for by the prosec 230-231), ue process for the \c evidence for the prosecution is taken, the judge shall examine the accused and hear by whether the accused w: after considering the a

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