Explain the procedure of trial before

the Court of Session

To understand the procedure of a trial before the Court of Session in India, it's essential to
grasp the fundamental hierarchy of the Indian criminal justice system:

1. Court Hierarchy: Supreme Court at the top, followed by High Courts and lower
courts.

2. Types of Trials: Sessions trials (serious offences) and magistrate trials (less serious
offences).

3. Court of Session: Highest criminal court at the district level, handling serious
offences.

4. Establishment of Courts: State governments set up Courts of Session, with judges

appointed by High Courts.

Initial steps in the trial

1. Magistrate Takes Cognizance: The process begins when a Magistrate takes

cognizance of an offence, meaning they formally acknowledge its occurrence and
initiate proceedings.

2. Committal to Court of Session: If the offence is serious enough to warrant trial by

the Court of Session, the Magistrate commits the case to that court under Section
209 of the CrPC.

3. Documents and Records: The Magistrate forwards all relevant documents and
records to the Court of Session, ensuring a thorough handover of information.

4. Bail or Remand: The Magistrate decides whether to grant bail to the accused or
remand them into custody until the trial.

5. Notification to Public Prosecutor: The involvement of the Public Prosecutor, who

conducts trials before the Court of Session, is initiated.

6. Trial Procedure: Sections 225 to 237 of the CrPC outline the specific procedures for
trials in the Court of Session.

Opening case for the prosecution

1. Committal to Court of Session: The case has been committed to the Court of
Session by a Magistrate under Section 209 of the CrPC.
 2. Accused Appears: The accused is present in the Court of Session.

3. Prosecutor Opens Case (Section 226):

I. Explains the charge against the accused.
II. States the evidence they intend to use to prove guilt.

4. No Full Details of Evidence: The prosecutor provides a general overview of their

evidence, not specific details.

5. Focus on Essential Matters: The opening statement focuses on key points to

prepare the court for understanding the evidence.

Discharge

Key Points on Discharge of Accused:

1. Court's Review of Evidence: The Court of Session carefully considers all

documents, records, and arguments from both prosecution and defense.

2. Insufficient Evidence for Trial: If the Judge finds no sufficient grounds to proceed
against the accused, they can discharge the accused.

3. Recording of Reasons (Section 227): The Judge must provide written reasons for
discharging the accused, ensuring transparency and accountability.

4. Purpose of Reasons:
a. Enables superior courts to review the decision's correctness, as seen in State
of Karnataka v. L. Muniswamy.
b. Upholds fairness and impartiality in the trial process.

Framing Charges in Court of Session

The Judge decides on charges after:

I. Reviewing case documents and evidence.

II. Hearing arguments from both prosecution and defense.

Framing Charges (Section 228):

I. Exclusively Triable Offenses: If the offense can only be tried by the Court of
Session and there's evidence suggesting reasonable suspicion, the Judge frames
charges.
 II. Transferable Offenses: If the offense can be tried by lower courts, the Judge may
frame charges and transfer the case to a lower court for trial.

Framing Criteria:

I. Presumption of Innocence: If two interpretations of the evidence exist, the one

favoring the accused must be taken. (Knati Bhadra Shah & anr v. State of West
Bengal)

II. Prima Facie Case: Only initial evidence is considered, not a full burden of proof
beyond a reasonable doubt. (Bhawna Bai v. Ghanshyam & Ors)

III. No Defense Evidence at Framing Stage: The defense cannot present evidence at
this stage, only materials specified in Section 227 can be considered. (Rukmini
Narvekar v. Vijaya Satardekar)

Additional Points:

1. The Judge need not record specific reasons for framing charges. (Knati Bhadra Shah
& anr v. State of West Bengal)

2. A detailed order beyond reasonable doubt is not required at this stage. (Bhawna Bai
v. Ghanshyam & Ors)

Remember:

I. Framing charges is just the initial step in the trial process.

II. The accused remains presumed innocent until proven guilty beyond a reasonable
doubt.

III. Both parties have the right to present evidence and arguments during the full trial.

Explaining Charges to the Accused (Section 228(2))

Judge's Responsibilities:

I. Read and explain the charge to the accused in clear terms.

II. Ensure the accused fully understands the charge before asking for a plea.

Accused's Response:

I. Option to plead guilty or claim to be tried.

Consequences of Non-Compliance:

I. Trial won't be invalidated unless the accused proves prejudice (Banwari v. State of
UP).
II. Accused must demonstrate harm caused by the failure to explain the charge.

Conviction on plea of guilty

Accused's Options: Plead guilty or refuse to plead.

Court's Discretion:

I. Has the discretion to accept or reject a guilty plea.

II. Must exercise discretion carefully and not arbitrarily.

III. Must ensure the plea is voluntary and not coerced.

Requirements for Guilty Plea:

I. Must be clear and unambiguous (Queen Empress v. Bhadu).

II. Cannot be accepted for offenses carrying death or life imprisonment (Hasaruddin
Mohommad v. Emperor).

Conviction and Recording:

I. If the plea is accepted, the Judge convicts and records it.

Limitation on Appeal:

I. If convicted based on a guilty plea, the right to appeal is curtailed (Section 375).

Date for prosecution evidence

If the accused isn't convicted based on a guilty plea, witnesses are called and documents
may be presented.

Process for Witnesses:

I. Judge sets a date for the witness examination.

II. Prosecution can apply for witness attendance or document production.

Accused's Presence during Evidence (Section 273):

 I. General Rule: All evidence taken during a trial or proceeding must be in the
presence of the accused.

II. Exception: Accused can be absent if their lawyer is present.