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Trial Before Court of Session
Trial Before Court of Session
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Meaning of ‘Trial’
the word trial is not defined in the Code of Criminal Procedure,1973. It also had not been defined in Motor Third Party Insurance Decoded
subsequent codes of 1882,1898 and 1973. The word trial has no universal meaning but it is used in the (https://kanoongurus.com/blog/motor-
sense of a stage of after inquiry. In simple words, third-party-insurance-decoded/)
the trial is the adjudication of a person’s guilt or innocence.
Blood on the Hands and Politics
Court of session
(https://kanoongurus.com/blog/blood-on-
Section 6 of the Code of Criminal Procedure, 1973 provides the classification of criminal courts and
section 26 provides courts by which offences are triable, session court takes place as a trial court in it. the-hands-and-politics/)
As we know according to section 7, every state shall be a session division or shall consist of session
divisions and the state govt. shall establish a session court for every session division (section 9). Every GREEN CRIMINOLOGY: A CRITICAL STUDY
state has its high court and each district within a state has its district court. When this district court hears ON ENVIRONMENTAL HARM
any criminal matter, it is referred to as the court of session. Thus, the court of session is a district court (https://kanoongurus.com/blog/green-
hearing a criminal matter before it. criminology-a-critical-study-on-
According to section 193, no session court shall take cognizance of any offence as a court of original environmental-harm/)
jurisdiction unless the case has been committed to it by a Magistrate under section 209 of this code,
except for the purpose as given in section 237.
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The following principles that Judges need to keep in mind while exercising the power of discharge:
The Judge while considering the question of discharging the accused has undoubted power to weigh
and scale the evidence to find whether the prima facie case against the accused has been made out or
not.
If the material in the case shows grave suspicion against the accused which has not been properly
explained, the court will be justified in framing the charge and proceeding with the trial.
The test to determine a prima facie case depends from case to case and a universal rule cannot be
applied. In such cases, the Judge has the discretion to try the case.
The court can in no circumstance act merely as a post office or a mouthpiece of the prosecution,
but has to consider the broad probabilities of the case, and the total effect of the evidence and
documents produced before it. The Judge should make a roving inquiry into the pros and cons of the
matter and weigh the evidence in conducting the trial.
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According to section 228, When the Sessions Court has grounds for presuming that the accused has
committed the alleged offence and that such offence is exclusively triable by the session court, the
Judge presiding over the session court shall frame the charge against the person alleged to have
committed the offence. Then charge shall be read and explained to the accused. The accused shall then
be asked if he pleads guilty or claims to be tried. An accused to be aware of the accusations for which
he is brought to trial. In addition, he should also be given a chance to present his statement whether he
pleads guilty or not. As held in the case of Kesho Singh v. Emperor, if necessary, the judge may ever
interrogate the accused in order to ascertain whether he fully understands the responsibility that he
assumes by making a plea of guilty.
If the case is not exclusively triable by the session court then the Judge may frame a charge against the
accused and by order, transfer the case to the Chief Judicial Magistrate or any other Judicial
Magistrate of First Class. He shall direct the accused to the Judicial Magistrate to whom the case has
been transferred. The Magistrate shall then try the case in accordance with the procedure laid down for
the trial of the warrant-cases instituted upon a police report.
In the landmark case of Queen-Empress v. Bhadu, it was held that the plea of guilty must be in
unambiguous terms, otherwise, such a plea is considered equivalent to a plea of not guilty. Such a plea
of guilt must be presented before the court by the accused personally and not through his pleader.
When the accused does not plead guilty, the Date fixes for prosecution
evidence (Section 230)
If the accused refused to plea guilty or claims to be tried or is not convicted under section 229 then for
the further proceeding court or judge shall fix a date for the examination of witnesses. If the prosecution
files an application to issue a notice to compel a witness for attendance or production of any document
or other things if the court thinks fit may issue a notice to any witness. On the date so fixed for evidence,
the judge shall take evidence in support of the prosecution.
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When does the accused need to provide for his defence: entering upon
Defence (Section 233)
According to section 233 (1) of the code, Where the accused is not acquitted under section 232, he
shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.
Under sub section (2) If the accused puts in any written statement, the Judge shall file it with the record.
As per sub-section (3), If the accused applies for the issue of any process for compelling the attendance
of any witness or the production of any document or thing, the Judge shall issue such process for
reasons to be recorded. That such application should not be refused unless he considers that it is made
for the purpose of vexation or delay or for defeating the ends of justice.
Conclusion:
In this article all the procedures relating to the sessions trial. The Code of Criminal Procedure provides an
opportunity for the accused for a fair trial and makes an effort to avoid any delay in investigation or trial.
The Judge in every case ensures that the accused is given a fair opportunity of hearing and defending
his case. The Code also provides for legal aid to an indigent accused who is unable to engage a lawyer in
compliance with the constitutional requirements and also as required by Section 304 so that any person
accused of committing an offence is not wrongly convicted and justice is served.
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