Difference Between Session Trial And Warrant Trial

In the Indian judicial system, criminal trials are categorized based on the severity and nature of offenses. Two primary types are session trials and warrant trials, each governed by distinct provisions of the Code of Criminal Procedure, 1973 (CrPC). Understanding the difference between session trial and warrant trial is essential for legal professionals, accused individuals, and the general public.

Session trials handle serious crimes such as murder and rape, requiring a formal procedure conducted in a Sessions Court. On the other hand, warrant trials address moderately serious offenses like theft or cheating and are conducted under the jurisdiction of Magistrates.

This blog provides a detailed comparison of these trial types, including their procedures, jurisdiction, stages, and examples, to help you navigate and understand their implications within the Indian criminal justice system.

Session Trial

The Sessions Court tries serious criminal cases, including those punishable by life imprisonment or the death penalty. In cases where the Magistrate finds sufficient grounds to suspect the accused of an offense exclusively triable by the Court of Session (i.e., offenses that only a Sessions Court can try), the Magistrate commits the case to the Sessions Court for trial. This "committal" process involves preliminary inquiry or scrutiny by the Magistrate, but not a full trial. The Sessions Court then conducts the full trial.

Key Characteristics Of Session Trials

Session trials, conducted by Sessions Courts, handle severe crimes like murder and rape, guided by CrPC Sections 225-237, with Public Prosecutors leading and penalties including life imprisonment or death.

• Jurisdiction: Taken by the Sessions Court.
• Severity of offenses: This includes murder, rape, dacoity, etc.
• Procedure: Sections 225 to 237 cover it under CrPC.
• Role of Public Prosecutor: It is the Public Prosecutor who undertakes the conduct of the trial.
• Punishment: Very high penalties, such as life imprisonment or death, always come up.

Example Of Session Trial

Offences punishable with death or life imprisonment, including those under Section 302 of the Indian Penal Code (IPC) for murder, are exclusively triable by a Court of Session.

Stages Of A Session Trial

A session trial typically involves three stages:

• Preliminary stage: The first is that the accused is charged with the crime. In addition the accused is informed of the rights such as the right to silence and the right to have a lawyer.
• Second stage: In the second stage, the prosecution presents its evidence, he said. Witness evidence, physical evidence, and documentary evidence are examples of this evidence. However, this does not mean that we live and die only by what the prosecution says.
• Third stage: In the third stage, the defense presents its evidence. Defense witnesses become available to be cross-examined by the prosecution. Then, both sides will make closing arguments. If the judge so decides, he will pronounce the judgment.

Also Read : Types Of Trial In CrPC

Warrant Trial

Warrant trials are conducted by Magistrates for offenses punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. These trials follow a more detailed and formal procedure compared to summons trials, involving the framing of charges and recording of evidence.

Key Characteristics Of Warrant Trials

Warrant trials, under a Magistrate's jurisdiction, address moderately serious crimes per CrPC Sections 238-250, involving multiple stages and punishments exceeding two years of imprisonment.

• Jurisdiction: It comes under the purview of a Magistrate (Chief Judicial or Magistrate or Metropolitan Magistrate).
• Severity of offenses: It includes moderately serious crimes.
• Procedure: Sections 238 to 250 of the CrPC.
• Stages: The major part of it is multiple stages like framing charges, recording evidence, and arguments.
• Punishment: The offense is punishable with imprisonment for more than two years, or with death, or with life imprisonment.

Example Of Warrant Trial

Offenses punishable with imprisonment for more than two years, such as theft under Section 379 of the IPC (which prescribes imprisonment up to three years), are generally tried as warrant cases..

Difference Between Session Trial & Warrant Trial

In the Indian legal system, trials are the processes by which courts decide whether an individual has committed a crime. Session trials and warrant trials represent the two prominent types of criminal trials.

These trials are governed by the Code of Criminal Procedure of 1973 (CrPC), and its procedure and application depend on the nature of such offenses.

The following table highlights the main differences between session trials and warrant trials:

Procedure Of Session Trial

Should serious offenses have to do with trials, then session trials are performed in a strict procedure just to make sure justice is satisfied in the case. The steps include:

• Commitment of the case: The case is committed to the Sessions Court by the Magistrate from the evidence.
• Framing of charges: The Sessions Judge frames charges based on what he reviews in the case.
• Prosecution evidence: It calls its evidence and calls its witnesses.
• Defense evidence: The prosecution can present its evidence and its witnesses, and the defense has its evidence and witnesses.
• Arguments: Both parties argue in front of the court.
• Judgment: When the court gives its verdict and a person is found guilty of a crime, the sentence is announced.

Procedure Of Warrant Trial

Warrant trials are relatively detailed and involve the following steps:

• Filing of complaint/FIR: FIR or complaint being filed is the beginning process.
• Cognizance of offense: The Magistrate is a catch-all for facts which he can, and that is, proceed or not.
• Framing of charges: Evidence is considered arguments heard, and then charges are framed.
• Recording of evidence: That is then followed by the prosecution evidence and then the defense evidence.
• Cross-examination: Both sides cross-examine witnesses.
• Arguments and judgment: It is argued, and the Magistrate delivers the judgment.

Legal Jargon Explained

Let us understand legal jargons related to session trial and warrant trial:

• Sessions Court: A court of a higher level in the hierarchy of courts when it relates to serious criminal cases.
• Commitment: A magistrate’s procedure of forwarding a case to a higher court.
• Framing of charges: The act of accusing the court of its alleged offense in formal accusation.
• Public Prosecutor: An office holder (appointed by the government) duly authorized (by law) to present the prosecution’s case.

Importance Of Distinguishing Session Trial & Warrant Trial

Understanding the difference between these trials is crucial for:

• Legal professionals: It aids in case proceeding strategizing.
• Accused individuals: Helps to give a clue as to what rights one has and what is the obligation towards other parties.
• General public: It makes us aware of the judicial system.

The Indian judicial system provides for both session trials and warrant trials for different reasons according to the nature and gravity of the crime. Session trials are aimed at serious offenses, and warrant trials are at affairs of lesser gravity.