TRIAL AND TYPES OF TRIAL

TRIAL AND TYPES OF TRIAL

Code of Criminal Procedure Criminal Law LAW EXPLAINED
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INTRODUCTION

During the colonization, Britishers establish the system of law and order in India most important criminal procedure. According to the criminal procedure code, 1973, there are some trials which are very important in the field of law. Without these trials, Indian judiciary cannot function in its prime position.

WHAT IS TRIAL?

The general meaning of trial is- A formal examination by a judge or a magistrate in the court of law where the trial is being conducted to decide whether an individual is guilty or innocent in the eyes of law. The trial is not defined in any statute of India, it is means framing of charges which results in conviction or acquittal.

TYPES OF TRIAL

In the Indian field of law, these trials have a special position in law and are of four types and are very important. The types of trials are as follows-

1) Session trial.

2) Warrant trial.

3) Summon trial.

4) Summary trial.

SESSION TRIAL –

It is a type of trial is that in which an individual commits an offence whose punishment is more than seven years or life imprisonment or death and this case is to be in the tried in the sessions court after being committed.

a) First Stage –

According to section 225 Cr.P.C, the trial in the court of session is to be conducted by the public prosecutor. The court of the session can take cognizance of section 199 but can also take cognizance of other matter related to grievous.

CASE- Banwari v. State of Uttar Pradesh, in this case, Supreme Court observed that section 239 of CRPC have the power to discharge any offender of any offences under which he is committed for trial, according to section 226 he can use the power to frame charges and also can alter the charges. According to section 228 framed charges are to be read aloud and clear in front of the accused in the language which he can understand. [1]

b) Second Stage-

According to section 229, if the accused is framed with charges and plead guilty for the same and records his plea and convict him but all depends on the discretion of the judge. In the situation, if the accused refused to plead under section 229 then the judge shall fix a date for prosecution examination of a witness, production of any document.

c) Third Stage-

According to section 232 even after examining the accused and evidence given by prosecution states that no evidence to called guilty and the judge can acquit the accused.

After hearing both parties, the issue arises for giving a closing statement section 314 applies and the defence can give closing statements under section 234 and prosecution can under section 235.

WARRANT TRIAL-

In this trial, it explains as the offences which have the punishment of death, imprisonment for life and imprisonment exceeding 2 years and this trial starts after FIR.

a) First Stage

Section 207 is with the compliance that the judge must satisfy himself that he has all the important documents with charge sheet (section 238). After considering the charge sheet under section 179 that charge sheet considered to be groundless under section 239. If in accused is found to be trial then the charges are framed against him under section 240.

CASE- State of Uttar Pradesh vs. Lakshmi Brahman, Duty of the magistrate at the stage of commitment. The court considered the nature of duty lying upon the magistrate concerning observance under section 207 Cr.P.C. [2]

b) Second Stage

Under section 242 and 242 (3) magistrate is bound to take all the evidence which are required proceeding the prosecution.

Upon any private complaint, the case can be instituted and under section 244 of Cr.P.C a magistrate can ask for documents and can satisfy himself that these are sufficient documents then the magistrate can call any of its witnesses to attend and produce any evidence. If the magistrate thinks that accused is discharged of the allegations at a previous stage then all the charges can be called baseless.

SUMMON TRIAL-

A summon trial is the trial which is not a warrant trial. A trial in which punishment is less than 2 years and there is no necessity to frame charges under section 240 (1) (a) Cr.P.C.

a) First stage

the appearance of the accused in front of a magistrate, information of the offence should be stated to the accused and asks him whether he pleads guilty of the offence under section 251 Cr.P.C.

CASE- Biru Ram vs Ishar Singh & Onr, Under section 253 (2) of Cr.P.C it says that nothing is stated in this section that prevents the magistrate from discharging the accused from the charges he is guilty for in the previous stage of the trial can be discharged if magistrate acknowledges those charges baseless. [3]

b) Second Stage
  • If the magistrate is satisfied that the accused is guilty of the offence then the magistrate after framing charges convict him under section 252 or 255 Cr.P.C and section 254 evidence found that accused is not guilty then can get discharged by magistrate by recording the order of acquittal.

  • Under section 257 Cr.P.C if the complainant before the final order satisfies the magistrate that he has sufficient ground to withdraw his complaint then the magistrate can allow him to withdraw such complaint.

  SUMMARY TRIAL-

Those cases are involved in this trial are disposed of speedily and the procedure to follow is very simple under section 262 Cr.P.C. Simple cases are considered here and complicated one rests for the summon and warrant trials.

The procedure to follow in this trial is the same as specified in summon trial, if the punishment is given which is not exceeding 200 rupees the there is no chance for appeal. In the summary trial if accused pleads guilty then the substance of evidence to be recorded with a brief statement of the reason of the pleading guilty under section 264 Cr.P.C.

Under section 265 Cr.P.C states that every document or thing which is to be recorded especially mentioned in section 263 Cr.P.C the evidence and the judgement is to be recorded in the language of the court.

CONCLUSION

In this articles we have discussed what is trial and what is the need of the trial and have touched all the sections of Cr.P.C which are relevant in this field and also explained the types of trials, it is the most important thing for a court to function and all the different types of the trial are to be implemented according to the gravity of the crime and also based on punishment. by way of these trials, the court can function properly and can pronounce greatest judgements of all time.

REFERENCES

1) 1962 AIR 1198.

2) AIR 1983 SC 439.

3) AIR 1968 P H 274.

This blog is written by Shivam, Vivekananda Institute of Professional Studies.

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