Trial before a Court of Session

Introduction

India follows a hostile system. This means that the judge acts as a neutral party and hears the prosecution and defense on legal issues without actually participating in the proceedings. Under the Code of Criminal Procedure of 1973, everyone is entitled to a fair trial and hearing by an independent and impartial court. Section 303[1] gives the accused the right to be defended by a lawyer of his choice. If the defendant under Section 304 [2]cannot defend his case, the court will order him to plea at state expense. CrPC divides the criminal procedure into session trials and judge trials. Whether the crime is brought to court or the Magistrates’ Court is indicated in the first schedule of the code. When a district court exercises its criminal jurisdiction, it is known as a session court.

Laws related to Trial before a Court of Session

Section – 225: Trial to be conducted by Public Prosecutor

A Public Prosecutor is a person delegated under Section 24[3], including those who act under that course. Prosecutors can benefit from managing instructions linked by individuals.[4]

Section – 226: The opening case for the prosecution

If a justice of the peace assigns the case of Section 209[5] to court and the accused appears in court or is brought to court, Section 226[6] requires the prosecutor to open the case and explain the charges against the accused, provide evidence to support the accused, and prove the accused’s guilt. The prosecutor does not have to provide the full details of the evidence he intends to use to prove his case to the prosecutor at the beginning of the proceedings.

Section- 227: Discharge

Discharge is a legal remedy for a person who has been accused of malicious intent. If a false accusation is made against him, he can apply for discharge. He is entitled to acquittal if the evidence submitted to the court is not sufficient to prove the crime.

In the opinion of the judge, if the grounds for the trial against the accused are inadequate, this request may be made before being prosecuted against him. Discharge applications can only be made for arrest warrant issues.

Contents of Discharge

  1. Reports and prosecutions filed by police under Section 173[7] of CrPC.
  2. The prosecutor and the accused were given a reasonable opportunity to hear their opinions.
  3. The judge says the allegations are false and unfounded.

Procedure

  1. The report submitted by the police does not include effective facts and evidence.
  2. You can see that the fact of the material of the case cannot be determined.
  3. The claim to him is unfounded and ambiguous.
  4. The public prosecutor’s office did not issue a witness.

In Amit Sibal v. Arvind Kejriwal[8], the court ruled that the judge was not authorized to release and appeal the accused in a summon trial. However, in the case of a subpoena, the defendant may request a revision under Section 397[9] of CrPC. Protection under Section 239[10] of CrPC is an important provision of this law. It protects those who have been falsely alleged. No one should be punished for the crimes they did not commit.

Section- 228: Framing of Charge

The framing of charge in CRPC is at the stage where police have completed the investigation and filed an indictment alleging a crime against the accused. The court then considers the charge sheet and proposes to prosecute the accused.

Section- 229: Conviction on plea of Guilty

Defendants should use it by their mouth, not by lawyers or complaints. His confession of plea is not binding him. Defendants may be found guilty under Section 229[11], demand a trial under Section 230[12], or refuse to plea. Acquittal is not recognized by the norm and is equivalent to a court request. The court should not act based on the guilty plea in a serious case such as murder, but takes evidence as if the plea was not guilty and in all evidence, including the defendant’s plea.
Section- 230: Date for Prosecution Evidence

If the defendant argues that he will not refuse or defend the trial under Section 229, will not be tried, or will not be sentenced, the judge will date the witness’s hearing and respond to the prosecutor’s request you can start a trial to force attendance.

Section- 231: Evidence for Prosecution

Section 273[13] requires that all evidence must be taken where the accused is present, or in his absence in terms of his plea or denial, during the trial or in progress.

Section- 232: Acquittal

After collecting evidence from the prosecution, interrogating the accused, and hearing the opinions of the prosecution and counsel on the matter, if the judge determines that there is no evidence that the accused has committed a crime, the judge acquits him.

Section- 233: Entering upon Defense

If the accused is acquitted under the preceding paragraph, the judge shall invite him to defense. This is not just a formal one, it is an essential part of the criminal procedure. Inaction on the part of the judge leads to legal failure and cannot be cured according to Section 464[14].

Section- 234: Arguments

At the end of the interrogation of witnesses for counsel (if any), the prosecutor summarizes the results and the accused or counsel has the right to answer. However, if the accused or his counsel brings a question of law, the prosecutor may bring that question of law with the permission of the judge.

Section- 235: Judgment of Acquittal or Conviction

Section 235[15] states that the judge decides after hearing the discussion and legal aspects of the case. If the accused is convicted, the judge listens to the accused and renders a sentence according to the law, but the judge complies with the provisions of section 360[16] regardingthe parole of persons convicted of good deeds or after warning.

Section- 236: Previous Conviction

If, under the provisions of subsection (7) of section 211[17], a person previously convicted of. The accused was convicted. Gather evidence about prior convictions alleged under Section 229 or Section 235 and record your conclusions thereon provided, however, that the judge cannot read such charges and cannot ask the accused to defend it, and until the accused is liable under section 229, the prosecution cannot rely on a previous conviction or the evidence he presents. or Section 235.

Section- 237: Procedure in cases instituted under Section 199(2)

In terms of section (2), it can be accepted in terms of a commitment to crime without a dedicated event. The governor of the union or employee when the offices of India, the state of India, the governor of India, or the governor of the Office of India. Section 237[18] requires a court to attempt to the case by the procedural proceedings of the Court, in the police officer report on the Court of the Court, by the 199 (2).

Landmark Judgments

Mallikarjun Kodagali v. State of Karnataka[19]

In this case, on December 30, 2009, Congress amended Section 372[20] of the CrPC to allow the victim to appeal the court’s decision if the accused was mistakenly acquitted in the victim’s opinion. Marikar Jun Kodagihalli’s statutory agent has appealed to the Karnataka High Court on behalf of the late Kodagihalli. Appeals related to the High Court’s decision in support of the MLA and other acquittals accused of attacking Kodajihari in Bagarcot. The High Court dismissed the appeal because Kodajihari’s death made the appeal unacceptable.

Conclusion

The Code of Criminal Procedure seeks to provide defendants with a fair trial and to avoid delays in investigations and trials. In all cases, the judge ensures that the defendant is given a fair opportunity to hear and defend his or her case. The norms also provide legal assistance to unspoken defendants who are unable to hire lawyers by constitutional requirements and Article 304, and those accused of criminal offenses are not falsely convicted and justice. To be provided.

Author(s) Name: Shrishti Saini (Ramaiah College of Law)

References:

[1] Criminal Procedure Code, 1973, s 303

[2] Criminal Procedure Code, 1973, s 304

[3] Criminal Procedure Code, 1973, s 24

[4] Narayan M Pendshe, (1874) 11 BHCR 102.

[5] Criminal Procedure Code, 1973, s 209

[6] Criminal Procedure Code, 1973, s 226

[7] Criminal Procedure Code, 1973, s 173

[8]Amit Sibal v. Arvind Kejriwal2018 (12) SCC 165

[9] Criminal Procedure Code, 1973, s 397

[10] Criminal Procedure Code, 1973, s 239

[11] Criminal Procedure Code, 1973, s 229

[12] Criminal Procedure Code, 1973, s 230

[13] Criminal Procedure Code, 1973, s 273

[14] Criminal Procedure Code, 1973, s 464

[15] Criminal Procedure Code, 1973, s 235

[16] Criminal Procedure Code, 1973, s 360

[17] Criminal Procedure Code, 1973, s 211

[18] Criminal Procedure Code, 1973, s 237

[19]Mallikarjun Kodagali v. State of Karnataka,(2019) 2 SCC 752

[20] Criminal Procedure Code, 1973, s 372

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