trials under crpc: understand its types and procedure

The word 'Trial' isn't defined in the Code of Criminal Procedure (CrPC). It implies a legal procedure under the law by which the culpability or the innocence of an individual claimed to have committed any crime is determined. As a rule, this is interpreted to mean that the phase of a trial begins after the framing of the charge and finishes with the conviction or vindication of the accused. Subsequently, if a magistrate or the court holds an inquiry for determining the guilt or innocence of any individual accused of any offence, such an inquiry would be named as a 'Trial.'

Penal Provisions Under CrPC

The CrPC describes four types of trials:

• Sections 225-237 (Chapter XVIII) cover the trial of warrant cases by a Court of Session.
• Sections 238-250 (Chapter XIX) govern the trial of warrant cases by magistrates.
• Sections 251-259 (Chapter XX) outline the procedure for trial of summons cases by magistrates.
• Sections 260-265 (Chapter XXI) provide provisions for summary trials.

Procedure In Different Types Of Trials

1. Sessions Trial (Chapter XVIII, Sections 225 To 237):

• Applicable Cases: The cases triable under this part are significant offences, similar to murder, assault, and dacoity, which are culpable with death, life detainment, or detainment surpassing 7 years.
• Court: These trials are held in the Court of Session, which is presided over by a Sessions Judge.

Procedure For Session Trial

First Stage Of Trial:

• Prosecution Role: The trial in the Court of Session is conducted by a Public Prosecutor (Section 225). The serious and grave offences fall within the jurisdiction of the Court of Session at the district level. The basic undertaking of the prosecutor is to bring evidence before the court to prove the charge against the accused (Section 226).
• Power Of The Sessions Court: The Session Court handles all criminal cases along with cases that have a potential sentence of over seven years or the death penalty. It receives cases from the Magistrate Court after seven or the death penalty. It receives cases from the Magistrate Court after a preliminary inquiry. The court determines the charges and evaluates evidence from both the prosecution and defense, and can convict the accused if found guilty. It oversees the trial process, including summoning witnesses and accepting evidence.The Session Court also decides on bail from serious offences and ensures a fair trial. It passes sentences based on trial. It passes sentences based on trial outcomes and handles appeals or revisions related to serious crimes.
• Discharge Decision: If, after reviewing the evidence and the accused’s submission, the judge finds insufficient grounds to proceed against the accused, the accused is discharged for reasons provided (Section 227).
• Charge Framing: If there is sufficient ground to presume that the accused committed an offense triable by the Court of Session, the court frames a written charge against the accused. If the offence is not exclusively triable by the Court of Session, the case is transferred to the Chief Judicial Magistrate or any Judicial Magistrate of the first class.
• Reading Of Charges: The framed charges are read over and clearly explained and understood by the accused. He is then called upon to plead guilty or not guilty of the charges brought against him (Section 228).

Second Stage Of Trial:

Accused Plea And Judge’s Discretion (Section 229):

• Accused’s Plea: On the comprehension of the charges by the accused and on his conceding, the presiding judge records the plea and may convict the accused; still, it is left to the discretion of the appointed judge (Section 229).
• Judicial Discretion: While the appointed judge can convict an individual under Section 229, it isn't helpful to do so right away. It is more desirable to request the prosecution to demonstrate its case by producing proof.
• Accused Refusal To Plead (Section 230): If the accused won't concede under Section 229, the adjudicator sets a date for the arraignment to examine witnesses and produce any important records under Section 230.

Third Stage Of Trial

Acquittal Or Continuation (Section 232-233):

• Acquittal: After the prosecution presents its evidence, the judge reviews it. If the Judge finds that the evidence is not strong enough to prove the accused committed the crime, the judge can acquit (to free from a charge) the accused, meaning they are declared not guilty and released.
• Continuation Of Trial: If the Judge believes there is enough evidence to suggest the accused might have committed the crime, the trial continues. The defense then gets a chance to present its side of the case.
• Closing Statements And Final Judgment (Sections 234-235): After hearing both sides, when the issue arises for a closing statement, Section 314 applies. The defense gives a closing statement under Section 234 and the prosecution gives one under Section 235.
• Final Judgment: Considering all evidence, the judge makes the final judgment.

2. Warrant Trial (Chapter XIX, Sections 238-250)

A warrant case includes offences punishable with death, life detainment, or imprisonment exceeding two years. The trial for a warrant case initiates either through the filing of an FIR at a police station or by submission before a magistrate.

Procedure In Warrant Trial:

For the trial of warrant cases by Magistrates, two distinct procedures are prescribed. The first applies to cases instituted based on police reports (Sections 238 to 243 and 248 to 250 of CrPC). The second is designed for cases instituted other than those based on police reports (Sections 244 to 247 and 248 to 250, 275 of CrPC).

(Police Complaint)

First Stage Of Trial

• Magistrate’s Duty: In consistency with Section 207, the magistrate guarantees receipt of all essential records alongside the charge sheet (Section 238).
• Groundless Charge Discharge (Section 239): If, after assessing the charge sheet documented under Section 173, the magistrate considers the charge baseless, the accused is released and the reasons are recorded (Section 239).
• Framing Of Charges (Section 240): If the magistrate accepts the accused is triable, charges are framed against the accused (Section 240).
• Judicial Duty Of Magistrate: As featured in the State of U.P. vs Lakshmi Brahman case, the magistrate's obligation under Section 207 must be acted in a judicial way.

Second Stage Of Trial

• Charge Framing (Section 240): After framing charges under Section 240, the magistrate proceeds to prove the case under Section 242.
• Mandatory Evidence Collection (Section 242, 243): Under Section 242(3), the magistrate is obligated to gather all evidence presented in support of the prosecution. Sections 243(1) and (2) mandate specific procedures for both police reports and private complaint cases.'
• Plea Recording Specifics: In the case of P. Saravanan vs State, it was emphasised that recording a plea of guilty under Section 241 (or Section 229 in a session case) often occurs after reading the charge to the accused. The charge must be specific, and unambiguous and the accused’s admission must be clear and unconditional.

Private Complaint

First Stage Of Trial

• Evidence Presentation (Section 244): If the case is initiated through a private complaint and the accused is brought before the magistrate, the prosecution reviews all evidence. The prosecution can issue a summon to any witness, directing them to attend or produce relevant documents (Section 244).
• Discharge Of Accused (Section 245): After gathering evidence under Section 244, if the magistrate deems the charges groundless at any prior stage of the case, they can discharge the accused (Section 245).

Second Stage Of Trial

• Defence Evidence Presentation (Section 247): According to Section 247, the defence counsel presents evidence to support the accused.
• Magistrate’s Verdict (Section 248): If, upon framing charges against the accused, the magistrate finds them not guilty, an order of acquittal is released.
• Dismissal And Explanation (Section 250): In cases organised due to an objection to the judge, police official, or the accused individual presented before the magistrate, if the officer finds no grounds against the accused, an immediate release occurs. The person who complained is called to explain why they should not pay damages to the accused.

3. Summons Trial (Chapter XX, Sections 252-259)

An offence punishable with less than two years of imprisonment falls under the category of a summon case. For these offences, there is no requirement to frame charges. Instead, a summon is issued by the magistrate to the accused under Section 204(1)(a) of the CrPC.

Procedure In Summon Trial

First Stage of Trial

• Accused Appearance (Section 251): When the accused appears in front of the judge, the specifics of the offence are expressed and the accused is asked if they concede to the charges.
• Plea Acceptance And Transmission (Section 253): If the accused confesses, having obtained the summon under Section 206, the judge might acknowledge the plea by post or courier. If the accused disagrees, the magistrate, using discretionary powers, may impose the specified fine.
• Discharge At Previous Stage (Biru Ram vs Ishar Singh And Ors.): The case provides that nothing in this Section 253(2)shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
• Procedure When Not Convicted (Section 252 Or Section 203): If not convicted under Section 252 or Section 203, the magistrate hears the prosecution, considers evidence or issues a summon to witnesses for further proceedings.

Second Stage of Trial

• Acquittal Or Conviction (Sections 252, 255): If the magistrate is satisfied with the guilt based on the charges framed, he may convict the accused under Section 252 or Section 255. If the proof demonstrates the accused is not liable, the judge records an order for acquittal.
• Withdrawal Of Complaint (Section 257): Preceding a final order is passed, in case the complainant persuades the judge to pull out the complaint, the judge might allow withdrawal.
• Conversion To Warrant Case (Section 259): In situations where the offence is culpable for over six months, the judge, in light of a legitimate concern for equity, may convert a summon case into a warrant case, following the warrant case process for rehearing.

4. Summary Trials (Chapter XXI, Sections 260-265)

Summary trials are characterised by the swift disposal of cases through a specific procedure, primarily applied to smaller cases. Complicated cases are typically reserved for warrant and summon trials. The primary goal of a summary trial is to dispose of cases expeditiously.

Procedure In Summary Trial

• Similarity To Summon Trial (Section 262): The procedure for summary trials is the same as that specified for summon trials.
• Limitation On Fine Appeals: If a fine not exceeding two hundred rupees is imposed, no chance of appeal is provided.
• Record In Case Of Non-Guilty Plea (Section 264): If the accused doesn’t plead guilty in a summary trial, the magistrate records the substance of the evidence. The judgment must contain a brief statement of the reasons for the specific finding.
• Language Of Record (Section 265): Section 265 emphasizes that every record, including particulars from Section 263, substance of evidence and judgment, must be recorded in the language of the court.

Criminal Trial Stages

1. Filing Of Chargesheet Or Complaint: The criminal trial starts with the recording of a chargesheet by the police (in cognizable offences) or a complaint by an aggrieved person or any other party (in non-cognizable offences).
2. Taking Cognizance Of The Offence: The court takes cognizance of the offence in light of the chargesheet or complaint and summons the charged to make an appearance before it.
3. Framing Of Charges: The court considers whether there are adequate grounds to frame charges against the accused. Assuming this is the case, charges are officially framed, and the accused is approached to plead guilty or not guilty.
4. Plea Of The Accused: The charged has the valuable chance to plead guilty or not guilty. If the accused confesses, the court might convict him/her. If the accused pleads not guilty, the trial proceeds.
5. Prosecution Evidence: The prosecution presents its evidence, including witnesses and relevant documents. The defence has the privilege to cross-examine the prosecution witnesses.
6. Statement Of The Accused: After the prosecution's proof is closed, the court analyzes the accused under Section 313 of the CrPC, permitting the accused to explain any conditions appearing in the proof against them.
7. Defence Evidence: The charged is qualified for present proof in his/her defence, albeit this isn't required. The defence might call witnesses and present related documents.
8. Final Contentions: Both the prosecution and defence present their final contentions, summing up the proof and lawful focuses in support of themselves.
9. Court’s Judgment: The court conveys its judgment, either sentencing or acquitting the accused. If the charged is convicted, the court might continue to hear contentions on sentencing.
10. Sentencing: Assuming that the accused is found guilty, the court articulates the sentence, taking into account factors like the nature of the offence, the conditions of the case, and the accused's background.

Rights Of The Accused

The CrPC ensures several rights to the accused during the trial process, including:

• Right To A Fair Trial: The trial must be conducted impartially and without undue delay.
• Right To Legal Representation: The accused has the right to be represented by an advocate. If the accused cannot afford one, the court may provide a legal aid lawyer.
• Right To Be Present During The Trial: The accused has the right to be present at all stages of the trial.
• Right Against Self-Incrimination: The accused cannot be compelled to testify against themselves.

Conclusion

The Trial process under the CrPC is meticulously designed to ensure that justice is served fairly and impartially. By categorizing trials into Sessions, Warrants, Summons, and Summary Trials, the CrPC ensures that each case is handled according to its gravity and complexity. The procedural safeguards, such as the right to a fair trial, the presumption of innocence, and the right to legal representation, are integral to upholding the principles of natural justice. Understanding the stages and types of trials under the CrPC is essential for anyone navigating the Indian criminal justice system.

About The Author:

Adv. Shashank Tiwari, a passionate first-generation lawyer and graduate of Guru Gobind Singh Indraprastha University, has built a career rooted in dedication and diverse legal expertise. Known for his strong observation skills and client-focused approach, he handles cases in Civil and Commercial Litigation, Arbitration, Insolvency, Real Estate, Property Law, and Intellectual Property Rights. Shashank actively represents clients across the Supreme Court, High Courts, District Courts, and various tribunals, always committed to staying updated with legal advancements and delivering effective, thoughtful solutions for his clients’ needs.