Presentation by:

Shreya Malhotra
Sem. X
B.Com L.LB Hons.
Department of law
VNSGU
  Depending upon the gravity of offences and their
punishment, the Code of Criminal Procedure, 1973 divides
criminal trials into Magisterial trial and Sessions trial.
 The first schedule to the Cr.P.C. specifies the offences
punishable under Indian Penal Code, 1860, triable either in
Magistrates’ Courts or in Court of Session.

Introduction  The second part of the first schedule deals with the offence
and their punishment in other laws.
 Section 225-237 of the Code deals with the procedure for a
trial before a Court of Session.
 A session trial is coupled with arguments, evidence and
cross-examinations.
  A trial is initiated by the prosecution who tries to prove
the guilt of the accused through evidence.
 Section 225 of the Code lays down that the case of
prosecution shall be conducted by a Public Prosecutor
where the trial is before a Court of Session.

 A Public Prosecutor is a person appointed under

Initial stage section 24 of the Code and includes any person who is
acting under the directions of such prosecutor.
 As per section 226 of the Code requires a public
prosecutor to open his case by describing the charges
against the accused and must also state the evidence
through which the prosecution will prove the guilt of the
accused.
  An accused may be discharged at the initial stage of a
sessions’ trial.
 Section 227 empowers the Judge to discharge an
accused if after consideration of the documents and
records submitted against the accused and after

Initial stage hearing the prosecution and accused, the judge finds
that there is no sufficient ground to proceed against the
accused.

 The section aims to ensure that a person is not harassed

unnecessarily by the means an unnecessary prolonged
criminal trial.
  In Sushil Ansal v. State, it was held that an order of
discharge may be passed only where the Court is
almost certain that there is no prospect of conviction
and that the time of the Court need not be wasted by
holding a trial. The Court while discharging an accused
is required to record the reasons for such discharge.

Case laws  The Court in the case of Century Spinning &

Manufacturing Co., explained the importance of the
bare words ‘there is no sufficient ground for
proceeding’ used in section 227. These words mean that
no reasonable person could come to the conclusion that
there is ground whatsoever to sustain the charge
against the accused.
  A discharge under Section 227 is different from the
acquittal. The cases State of Maharashtra v. B.K. Subba
Rao and Tulsa Bai v. State of Madhya Pradesh, explains
the difference between the two.
 In the former case, it was held that after the stage of
framing a charge there can be only one of the two
conclusions to the trial, either the accused is convicted or
Difference between acquitted. If after framing of charge, no evidence is led on

discharge and the basis of which the Court could convict the accused,
then only an order of acquittal can be passed, and not of
acquittal discharge.
 The latter case explained, before framing a charge, the
Court needs not undertake an elaborate enquiry. It needs
only to consider whether no sufficient ground exists for
proceedings against the accused. If it is so found, the
accused will be discharged otherwise charge shall be
framed and the accused be put to trial.
  The initial stage of the trial ends with the framing of
charge against the accused.
 The Court after considering all the records and the
documents and the hearing of the prosecution and
accused believes that there exists sufficient ground that
the accused has committed an offence, shall frame the
Initial stage charge against the accused in writing.
 As per section 228 (2) of Cr.P.C., every charge framed
shall be read and explained to accused.
 In Suresh Kumar v. State of Uttar Pradesh, it was held
that an accused is entitled to a copy of the statement of
the complainant before framing the charge.
  Under section 229 of Cr.P.C. an accused may plead
guilty before the Court and upon such pleading, the
Court on its discretion may convict the accused.
 The accused should plead guilty by his own mouth and
not through his pleader or counsel.

Second stage  Any admission made by his pleader is not binding on

him.
 The plea of guilty only amounts to an admission that the
accused committed the acts alleged against him.
 It is not an admission of guilt under any particular
section of the criminal statute.
  Where the accused refuses or does not plead guilty, the
Court is required to fix a date for the examination of
witnesses.
 And on such date, the Court shall take the evidence

Second stage which may be produced by the prosecution. A witness

will be examined orally.

 A judge under section 231 (2) may defer the cross-

examination of any witness and may also recall any
witness for further cross-examination.
  It is the last stage of the trial where the accused is either
convicted or acquitted.
 Under section 232 of the Code, an accused can be
acquitted if the Court after hearing both the parties and
considering all the evidence, considers that there no
evidence which proves the commission of the alleged
offence by the accused.
 If the accused is not acquitted then the Judge calls upon
Third stage him to enter on his defense.
 This provision is mandatory.
 An omission on the part of the Judge to do so occasions
failure of justice.
 The accused in his defense may apply for issue of any
process to compel the attendance of any witness or
production any documents.
  A Judge is required to consider all such application but
can also refuse it if the Judge has reasons to believe that
such application is vexatious or is made for the purpose
of defeating the ends of justice.
 A Court after hearing the arguments shall pronounce
the judgment under section 235 of the Code.

Third stage  An accused may be either acquitted or convicted.

 The acquittal will be done as per the procedure
embodied under section 232 but the judgment for
conviction will be pronounced in accordance with
section 235.
 A judge shall pass the sentence of conviction according
to law.
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