Trial procedure

in
the Magistrate Court
&
Session Court
 Trial procedure
in
the Magistrate Court
 Trial in the magistrate court

• Trial in the magistrate court takes two

forms. Such as:
a. regular trial
b. summery trial
Regular trial in Magistrate Court
 Regular trial stages in magistrate court
Pre-trial hearing
[Should the offender be charged?]
[Section-241]

Yes No
[Section-241] Discharge before framing of charge
[Section-241]

Framing of charge
[Section-242]

Plea and conviction

[If offender admits his guilty to the charge,
the magistrate may convict him] [Section-243]

If he does not admit

[Section-244]

Hearing & Taking Evidence

[Section-244]

Examination of the accused

or
Charged person may be asked for defence
[Section-342]
Sentence
Or
Acquittal transfer for sentence
[If he is not guilty] [Section-245] [If he is guilty]
[Section-349]

Prison Fine Probation

[Depends on law] [Depends on law] [Depends on law]
Summery trial in Magistrate Court
 Summery trial in the magistrate court

Key points of summery trial

– Unlike in regular trials the court in summery trials has to simplify and shorten
trial procedure by dispending with the recording of evidence
– not allowing many adjournments.
– Section 260 and 261 outlines cases which shall be tried summarily by
magistrate.

Limitation of summery trial

There is a limit of imprisonment in summery trail and this is that a magistrate
cannot impose a sentence exceeding two years.

Procedure of summery trial

• In summery trials the magistrate has to follow all the steps of a trail of
offences
• where no appeal lies the magistrate need not have to record the evidence of the
witnesses or frame a formal charge (section 263).
• where appeal lies, the magistrate has to record the substance of evidence (Still not the
full evidence) (Section 264).
 Who can try?

• The metropolitan magistrate

• Any magistrate of the first class
• Any bench of magistrates invested with the
powers of a magistrate of the first class

[Section 260]
 Example of summery trial

• Theft, under section 379, 380 or 381 of the

Penal Code, where the value of the
property stolen does not exceed ten
thousand taka.
Trial in Session Court
 Trial Stages in session Court
Opening of the prosecution case
[Section-265(B)]

Pre-trial hearing
[Should the offender be charged?]
[Section-265(C)]

Yes No
Discharge before framing of charge
[Section-265(C)] [Section-265(C)]

Framing of Charge
[Section-265(D)]

Plea and Conviction

[If offender admits his guilty to the charge,
the judge may convict him] [Section-265(E)]

If he does not admit

[Section-265(F)]

Prosecution Evidence
[Examination in chief, cross-examination & re-examination]
[Section-265(F)(G)]

Acquittal Defence Evidence

[On the basis of prosecution evidence] [Examination in chief, cross-examination & re-examination]
[Section-265(H)] [Section-265(I)]

Arguments or Summing Up /
Closing of the prosecution and defence
[Section-265(J)]

Judgement
[Section-265(K) & 366]

Acquittal Conviction
[Section-265(K) & 366] [Section-265(K) & 366]

Fine Prison Probation

[depends on law] [depends on law] [depends on law]
Time Limit of trial of criminal cases

In Magistrate Court In Session Court

Within 180 days from Within 360 days from
the date on which the the date on which the
case is received by him case is received by him
for trial for trial
[Section-339(C)] [Section-339(C)]
Thank You