TRIAL BEFORE COURT OF

SESSIONS
PROF. METANSHU PURANDARE
2 Session Courts

 Court of Session is the court in which accused is tried on the basis of the case
committed by the competent magistrate.Trial Courts are the courts where
cases start. In the trial court, both sides present evidence to show their version
of what happened. Most of the evidence presented in the trial court comes
from witnesses (people who answer questions relating to the case) and
exhibits (items and documents connected to the case, such as pictures,
clothes, weapons, papers, etc.).

Prof. Metanshu Purandare

3 INITIAL Stage of Trial

 1. SEC.225 TRIAL TO BE CONDUCTED BY PUBLIC PROSECUTION.Sec 225 lays down

that in every trial before a court of session, the prosecution shall be conducted by a
public prosecutor. Sec 24 of cr pc says that a PP means any person appointed
under sec 24.
 2. SEC 226 OPENING CASE FOR PROSECUTION. After the accused appears or is
brought before the court of session in pursuance of a commitment of the case, PP
shall open the case by describing the charge brought against the accused and the
evidence that he proposes to lead in order to prove the guilt of the accused.
 3. SEC 227 DISCHARGE OF THE ACCUSED If the judge after considering the record of
the case and hearing the submissions of the rival parties, is of the opinion that
there does not exist any sufficient ground for proceeding against the accused , he
shall discharge the accused and record the reason for doing so.The object of this
provision regarding recording of reason is to enable the superior court to examine
the correctness of the order of the sessions judge discharging the accused.

Prof. Metanshu Purandare

4 SEC 228 FRAMING OF CHARGE

 After considering the record of the case and the submissions of the rival
parties, if the court is of the opinion that there are reasonable grounds for
presuming that prima- facie case is made out , it shall frame the charge in
writing against the accused . If the charge is framed and is exclusively triable by
the court of session, then it shall try the same thereof .But where the charge
framed is not the one , which is exclusively triable by the court of sessions,
then the case shall be transferred to the CJM, who must then try the offence in
accordance with the procedure for the trial of warrant case instituted upon a
police report. After the charges are framed , it should be read over and
explained to the accused , he shall be asked as to whether he pleads guilty of
the offence or claims to be tried.

Prof. Metanshu Purandare

5 SECOND STAGE OF TRIAL

 SEC 229 CONVICTION ON PLEA OF GUILTY

If the accused pleads his guilt, the court must record such a plea and in its
discretion may convict him thereon. The word MAY indicates that the judge may
refrain from convicting the accused even when the accused has pleaded guilty, if
he is of the opinion that this plea is not truthful.
 SEC 230 DATE OF PROSECUTION EVIDENCE
If the accused refuses to plead or does not plead , or claims to be tried or is not
convicted u\s 229, the judge shall fix a date for the examination of witnesses, and
may, on application of the prosecution , issue any process for compelling the
attendance of any witness or the production of any document or the thing.

Prof. Metanshu Purandare

6 SECOND STAGE OF TRIAL

 SEC 231 EVIDENCE FOR PROSECUTION

On the fixed date for prosecution evidence , the judge shall take all such evidence as may be
produced in support of the prosecution. Witnesses are first examined in chief and then they are
cross- examined by the adverse party, if they so desire. After the cross examination ,if the party
calling him desires to re-examine they may do so. The judge may in its discretion permit the cross
examination of any witness to be deferred until any other witness or witnesses have been
examined or recall any witness for further cross-examination.
 SEC 232 ACQUITTAL:
This section empowers the court to acquit the accused if there is no evidence that the accused has
committed the offence. This the court can do before calling upon the accused to enter upon his
defence and to adduce evidence in support thereof. Opportunity shall be given to both the parties
to address the court on this point. If the court is of the opinion that there is no evidence to show
that the accused committed the offence, it shall record an order acquitting the accused under sec
232.

Prof. Metanshu Purandare

7 FINAL STAGE OF THE TRIAL

 SEC 233 ENTERING UPON DEFENCE: Where the accused is not acquitted u\s
232, he shall be called upon to enter on his defence and adduce any evidence
he may have in support thereof. If the accused puts in any written statement,
the judge shall file it with the record.
 If the accused applies for the issue of any process for compelling the
attendance of any witness or the production of any document or thing, the
judge shall issue such process unless he considers, for reasons to be recorded
, that such application should be refused on the ground that it is made for the
purpose of vexation or delay or for defeating the ends of justice.
 The examination of the defence witness is done in the manner similar to that
of the prosecution witness. Under section 315 the accused himself is a
competent witness and can give evidence on oath in disproof of the charges
made against him.

Prof. Metanshu Purandare

8 FINAL STAGE OF THE TRIAL

 SEC 234 ARGUMENTS:

After the recording of the defence evidence, the prosecutor shall sum up his case
and the accused shall be entitled to reply. Further where any law point is raised by
the defence, the prosecution may be allowed to make his submission with regard
to such point of law.
 SEC 235 JUDGEMENT:
After hearing the final arguments , the court shall give a judgement in the case. If
the accused is convicted , the judge shall, unless he proceeds in accordance with
the provisions of 360, hear the accused on the question of sentence, and then
pass sentence on him according to law

Prof. Metanshu Purandare

9 OTHER PROVISION RELATED TO TRIAL

 SEC 236 PREVIOUS CONVICTION:

It is also provided that in a case where a previous conviction is charged under
section 211(7), and the accused does not admit that he has been previously
convicted, as alleged in the charge, the judge may after convicting he accused,
take evidence in respect of the alleged previous conviction, and must record its
finding thereon.
SEC 237 PROCEDURE IN CASES INSTITUTED UNDER SECTION 199(2): This section
provides that if a court of session takes cognizance of an offence u\s 199(2), it
must try the case in accordance with the procedure for the trial of warrant – cases
instituted before a Magistrate’s court otherwise than on a police report. Unless
the session court directs otherwise, the person against whom the offence is
alleged to have been committed must be examined as a witness for the
prosecution

Prof. Metanshu Purandare

OTHER PROVISION RELATED TO TRIAL
10

 Moreover, every such trial should be held in camera if either party so desires, or if
the court thinks fit to do so.If, in any case the court discharges or acquits all or any
of the accused , and it is of the opinion that there was no reasonable cause for
making the accusation against whom the offence was alleged to have been
committed to show cause why he should not pay the compensation to the accused.
However the President, Vice-President of India, the Governor of a state or an
Administrator-General of a union territory can not be served with such a show
cause notice.When cause is shown by such a person, the court must record and
consider the same, and if it is satisfied that there was no reasonable cause for
making the accusation, it may pass an order that compensation, not exceeding
1000 rupees, be paid to the accused, or to each of the accused if there are more
than
 Any compensation awarded as above can be recovered as if it is a fine imposed by a
magistrate.

Prof. Metanshu Purandare

11 OTHER PROVISION RELATED TO TRIAL

 Moreover the person paying such compensation is not to be exempted from

any further civil or criminal liability in respect of that complaint, only by reason
of the order directing compensation to be paid. However any amount thus
paid to the accused is to be taken into account whilst awarding compensation
to such a person in any subsequent civil suit relating to the same matter. It is
also open to the person who has been ordered to pay compensation to appeal
against such order to the High court.

Prof. Metanshu Purandare

12

TRIAL OF WARRANT CASES BY MAGISTRATE

Prof. Metanshu Purandare

13 TRIAL OF WARRANT CASES BY
MAGISTRATE
 Warrant trial can be divided into:
1. Case instituted on police report [S. 238-243] [S. 244-250]
2. Case instituted otherwise than on a police report [S. 248-250]

Prof. Metanshu Purandare

14 Case instituted on a police report:

 The procedure can briefly be understood as the following:

1. S. 238: compliance with section 207 (supply of copy of police report and other
documents)
2. After that either
a) discharge under section 239 (trial will stop) or
b) framing of charge under section 240.
3. Next step would be either a) conviction on plea of guilty (section 241) (trial will
stop) or b) evidence for prosecution (section 242)
4. If evidence for prosecution is followed then next step would be call for evidence
of defense (section 243)
5. Next step would be either a) acquittal or b) conviction

Prof. Metanshu Purandare

15 Detailed procedure:

 Section 238: when in any warrant case instituted on a police report, the
accused appears or is brought before a magistrate, the magistrate shall
satisfy himself that he has complied with the provisions of section 207.
 Section 239: when accused shall be discharged: If upon considering the-
Police report and chargesheet under section 173 and making such
examination of accused as magistrate thinks necessary and after giving the
prosecution and the accused an opportunity of being heard the
magistrate considers the charge to be groundless, he shall discharge the
accused and record his reasons for doing so.

Prof. Metanshu Purandare

16 Detailed procedure:

 Section 240: Framing of charge:

If upon consideration, examination and hearing the magistrate is of opinion that
there is ground for presuming that accused committed an offence triable under
this chapter magistrate is competent to try which in his opinion can be adequately
punished by him shall frame in writing a charge against the accused.
Section 241: Conviction on plea of guilty
Section 242: Evidence for prosecution
• if accused doesn’t plead guilty and if not convicted under section 241
magistrate shall fix a date for the examination of witness. Provided, magistrate shall
supply in advance the statements of witnesses recorded during investigation by the
police.
• Magistrate may on application of prosecution—issue process
• On date fixed, magistrate shall proceed to take evidence in support of
prosecution case. Provided: magistrate may permit cross-examination as well

Prof. Metanshu Purandare

17 Detailed procedure:

 Section 243: evidence for defense: After evidence for prosecution accused
shall be called to enter upon his defense and produce his evidence.
 Section 248: acquittal or conviction: if magistrate finds the accused not
guilty, he shall record an order of acquittal. If the magistrate finds the
accused guilty but does not proceed in accordance with the provisions of
section 325 (Procedure when magistrate cannot pass sentence sufficiently
severe the magistrate may record the opinion and submit his proceeding
and forward the accused to the CJM to whom he is subordinate) or section
360, he shall after hearing the accused on the question of sentence, pass
sentence upon him according to law.

Prof. Metanshu Purandare

18 Case instituted otherwise than on
police report
1. Evidence for prosecution (section 244)
2. Section 245: when accused shall be discharged (trial will stop)
3. Section 246: when accused shall be charged
4. next step would be section 247 (evidence for defense)
5. next step would be acquittal or conviction (section 248)

Prof. Metanshu Purandare

19 Detailed procedure

1. Section 244: in warrant case instituted otherwise than on police report, the
magistrate shall hear the prosecution and take all such evidence of it.
Magistrate may also issue process on prosecution’s application
2. Section 245: when accused shall be discharged: if magistrate considers that
no case can be made out, he can discharge the accused. He may also
discharge him at any pervious stage of the case if he considers charges as
groundless.
3. Section 246: when such evidence has been taken or at any previous stage
of the case, the magistrate is of the opinion that accused has committed the
offence he shall frame in writing a charge. Charge shall be read and
explained and accused will be asked if he pleads guilty or has defense to
make.

Prof. Metanshu Purandare

20 Detailed procedure

4. If accused pleads guilty then magistrate may convict him else shall fix a
date for examination of witness.
5. Section 247: evidence for defense accused shall be called upon to enter his
defense and produce his own evidence and provisions of section 243 shall
apply.
6. Section 248: Acquittal or conviction: if in any case under this chapter in
which a charge has been framed, the magistrate finds the accused not guilty,
he shall record an order of acquittal. If accused found guilty but magistrate
does not proceed under section 325 or 360 magistrate shall, after hearing the
accused on question of sentence, pass sentence according to law.

Prof. Metanshu Purandare

21

 Section 249: Absence of the Complainant may lead to discharge of the

accused during the dates as fixed for hearings by magistrate
 Section 250: Compensation for accusation without reasonable cause
 The compensation smount should not exceed the amount of fine he is
empowered to impose or shall be imprisoned for a period not exceeding
thirty days.

Prof. Metanshu Purandare

Summon Case
Definition
A s per section 2 (W)
1. A case relating to an offence, not being a warrant case.
2. A case relating to an offence which is NOT punishable with
death, imprisonment for life or imprisonment for a term exceeding
two years.
3. The trial procedure for summon cases is contained in section 251
to 259 Cr.P.C.
 Section 251.
23
Substance of accusation to be stated

 When in a summons-case the accused appears or is brought before the Magistrate, the
particulars of the offence of which he is accused shall be stated to him, and he shall be
asked whether he pleads guilty or has any defence to make, but it shall not be necessary to
frame a formal charge.

Prof. Metanshu Purandare

24 251

 The object of the section is to apprise the accused of the charge against him. He is
Explained about the facts constituting the offence for the commission of which he is going
to put on trial.
 It is not necessary to frame a formal charge in a trial of a summon case as per the provision
of section 211-213 of Cr.P.C.
 The magistrate must record the plea of guilty at the commencement of the trial, if the
accused pleads so. However, the magistrate is bound to convict the accused who pleads
guilty, if he thinks it necessary in the interest of justice to have evidence of his guilty.

Prof. Metanshu Purandare

25 Section 252
Conviction on plea of guilty
 If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the
words used by the accused and may, in his discretion, convict him thereon.

Prof. Metanshu Purandare

26 252
 If the accused pleads guilty, it is imperative for the magistrate to record the plea in
the exact words used by the accused as nearly as possible and in the accused own
language in order to avoid any misapprehension.

Prof. Metanshu Purandare

 Section 253
27
Conviction on plea of guilty in absence of
accused in petty cases.
 (1) Where a summons has been issued under section 206 and the accused desires to
plead guilty to the charge without appearing before the Magistrate, he shall transmit
to the Magistrate, by post or by messenger, a letter containing his plea and also the
amount of fine specified in the summons.
 (2) The Magistrate may, in his discretion, convict the accused in his absence, on his
plea of guilty and sentence him to pay the fine specified in the summons, and the
amount transmitted by the accused shall be adjusted towards that fine, or where a
pleader authorized by the accused in this behalf pleads guilty on behalf of the
accused, the Magistrate shall record the plea as nearly as possible in the words used
by the pleader and may, in his discretion, convict the accused on such plea and
sentence him as aforesaid.

Prof. Metanshu Purandare

28 253

 This section contains an enabling provision which is introduced in the code with a view to
disposing of petty cases without requiring the presence of the accused.
 The section also allows a pleader appearing on behalf of the accused person to plead guilty
on his behalf.
 The power conferred under this section should be used by the Magistrate with great caution
and care and not arbitrarily.

Prof. Metanshu Purandare

 Section 254
29 Procedure when not convicted

 (1) If the Magistrate does not convict the accused under section 252 or section 253, the
Magistrate shall proceed to hear the prosecution and take all such evidence as may be
produced in support of the prosecution, and also to hear the accused and take all such
evidence as he produces in his defence.
 (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the
accused, issue a summons to any witness directing him to attend or to produce any
document or other thing.
 (3) The Magistrate may, before summoning any witness on such application require that
the reasonable expenses of the witness incurred in attending for the purposes of the trial be
deposited in Court.

Prof. Metanshu Purandare

30 254

 If the accused does not plead guilty under sec 252, the Magistrate shall hear the complaint
and his witnesses; and he cannot acquit the accused without such examination.

Prof. Metanshu Purandare

 Section 255
31 Acquittal or conviction

 (1) If the Magistrate, upon taking the evidence referred to in section 254 and such further
evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not
guilty, he shall record an order of acquittal.
 (2) Where the Magistrate does not proceed in accordance with the provisions of section
325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him
according to law.
 (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence
triable under this Chapter, which from the facts admitted or proved he appears to have
committed, whatever may be the nature of the complaint or summons, if the Magistrate is
satisfied that the accused would not be prejudiced thereby.

Prof. Metanshu Purandare

32 255

 An order of acquittal can be passed by the magistrate only after hearing the witnesses and
taking evidence referred to in sec 254.
 If the magistrate convicts the accused, he will pass sentence on him according to law.

Prof. Metanshu Purandare

33 Section 256
Non-appearance or death of complainant
 (1) If the summons has been issued on complaint, and on the day appointed for the
appearance of the accused, or any day subsequent thereto to which the hearing may be
adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything
hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to
adjourn the hearing of the case to some other day: Provided that where the complainant is
represented by a pleader or by the officer conducting the prosecution or where the
Magistrate is of opinion that the personal attendance of the complainant is not necessary,
the Magistrate may dispense with his attendance and proceed with the case.
 (2) The provisions of sub- section (1) shall, so far as may be, apply also to cases where the
non- appearance of the complainant is due to his death.

Prof. Metanshu Purandare

34 256

 This section applies to cases where summons has been issued to the accused on the
complaint and the complainant does not appear before the court on the day appointed for
the appearance of the accused.
 Similar provisions exits in section 249 to be applicable in a warrant case.
 In case of absence of death of the complainant, the Magistrate may use his judicial
discretion. He may-
 (1) order the acquittal of the accused if he deems it proper; or
 (2) postpone the hearing for some future date; or
 (3) proceed with the case further keeping aside the absence of the accused due to his non-
appearance or death, as the case may, where he finds it necessary to do so in the interest of
justice.

Prof. Metanshu Purandare

 Section 257
35
Withdrawal of complaint

 If a complainant, at any time before a final order is passed in any case under this Chapter,
satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his
complaint against the accused, or if there be more than one accused, against all or any of
them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the
accused against whom the complaint is so withdrawn.

Prof. Metanshu Purandare

36 257

 The section provides for the withdrawal of the complaint with the consent of the court any
time before the final order is passed. The section refers to withdrawal of complaint only in
summons cases. The section requires that the complainant should make a request for the
withdrawal of the complaint satisfying the court that there are valid grounds for the
withdrawal of the complaint. The Magistrate at his discretion may allow withdrawal of the
complaint and thereafter order acquittal of the accused.

Prof. Metanshu Purandare

37 Section 258
Power to stop proceedings in certain cases.
 In any summons- case instituted otherwise than upon complaint, a Magistrate of the first
class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial
Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage
without pronouncing any judgment and where such stoppage of proceedings is made after
the evidence of the principal witnesses has been recorded, pronounce a judgment of
acquittal, and in any other case, release the accused, and such release shall have the effect
of discharge

Prof. Metanshu Purandare

38 258

 This section applies only to a summons case instituted otherwise than upon a complaint
and does not apply on complaint case.
 The Magistrate may stop the proceedings at any stage before the pronouncement of
judgment but he has to record the reasons as required by this section.

Prof. Metanshu Purandare

 Section 259
Power of Court to convert summons- cases into
39
warrant- cases
 When in the course of the trial of a summons- case relating to an offence punishable
with imprisonment for a term exceeding six months it appears to the Magistrate that
in the interests of justice, the offence should be tried in accordance with the
procedure for the trial of warrant- cases, such Magistrate may proceed to re- hear
the case in the manner provided by this Code for the trial of warrant- cases and may
recall an witness who may have been examined.

Prof. Metanshu Purandare

40 259

 This section empowers the Magistrate to convert a summons case into a warrant case if the
offence is punishable with imprisonment for more than six months and he is of the opinion
that justice demands the case to be tried as a warrant case. Where a summons case is so
converted into a warrant case, the proceedings should be started de novo. The Magistrate
may also recall any witnesses who may have already been examined when the case was
proceeded as a summons case.
 * De novo : starting from the beginning

Prof. Metanshu Purandare

41

SUMMARY TRIALS

Prof. Metanshu Purandare

42 SUMMARY TRIALS

 Summary trials can be held only by a District Magistrate or a Magistrate of the

first class empowered in that behalf, or a Bench of Magistrates empowered
under either section 260 or section 261 of the Code.
 Only offences specified in these sections may be tried by this procedure. The
amendments made by Act 26 of 1955 in Section 260 of the Code to enlarge its
scope may be noted. In view of the amended definition of ‘warrant case' it
would not now be true to say that all summons cases can be tried summarily.
 According to clause (a) of Section 260(1) offences not punishable with death;
imprisonment for life or imprisonment for a term exceeding six months can be so
tried. In summary trials the procedure to be followed at the hearing is that of
summons-case in the trial of summons cases and of warrant-case in the trial of
warrant cases (Section 262) subject to the modifications made by sections 263
and 264 of the Code as to the record required.

Prof. Metanshu Purandare

43 SUMMARY TRIALS

 No sentence of imprisonment exceeding three months may be passed on

a conviction under the summary procedure prescribed in Chapter XXII of
the Code [sub-section (2) of section 262].
 Where the sentence passed is not appealable (section 413) the particulars
required under section 263 of the Code may be recorded. In appealable
cases, however, the Court shall record the substance of the evidence and
also the particulars mentioned in section 263 and shall before passing
sentence also record judgment in the case (section 264).
 No other record is required. Particulars required under section 263 include
full information as to the nature of the offence alleged and proved, the
plea of the accused and his examination, if any; the finding and in case of
conviction; a brief statement of the reasons therefore and the sentence or
other final order.

Prof. Metanshu Purandare

44 SUMMARY TRIALS

 In all summary trials in which the order of the Magistrate is final; no evidence
need be recorded; but the Magistrate should enter the particulars mentioned in
section 263 of the Code in register No. XVII given in Part B-IV of Volume VI-B.
Columns 7 to 14 of this register should be filled in by the Magistrate himself. If,
however, a sentence is passed which is appealable; the substance of the
evidence, in addition to the particulars mentioned in Section 263, should be
recorded
 The question has been raised whether an accused person; tried summarily for
warrant offence; under Chapter XXII of Code of Criminal Procedure, and not
convicted, is to be shown in the statement as 'discharged' or 'acquitted'. This
question is disposed of by the provisions of section 262 of the Code; which
enacts that; in summary trials; the procedure for warrant-cases, shall be
followed in respect of warrantcases; with certain exceptions which concern
only the manner of record.

Prof. Metanshu Purandare

45 SUMMARY TRIALS

 Accordingly, the distinction between an acquittal and a discharge, shown in

sections 253 and 258 of the Code, holds good in all warrant-cases tried
summarily; the only difference being that under the ordinary procedure the
charge must be prepared in writing; while under the summary procedure it is
made verbally. A discharge in a summary trial no more bars the revival of
prosecution for the same offence than it does in a case conducted under the
rules of ordinary procedure.
 The final order or judgment in warrant-cases tried summarily, when the accused
is not convicted; should invariably show whether the accused person has been
discharged or acquitted; the test being whether, after hearing the evidence for
the prosecution, the Court has called upon the prisoner to plead to a definite
charge or not, and the accused in such cases should be shown in the
periodical statements as discharged or acquitted, according to the final order
of the magistrate.

Prof. Metanshu Purandare

46

JUDGMENT

Prof. Metanshu Purandare

47 JUDGMENT

 Section 353
 This section helps us understand the process of procurement and pronouncement of a
judgement. It says that the pronouncement of judgement in every trial in a criminal
court should be done in an open court as soon as a trial subject to that court is
terminated. Such judgement should be pronounced by a presiding officer who is in
charge of the criminal court of original jurisdiction. Such an officer passing the
judgement should sign the transcript and every page, as well as the date of the
judgement, pronounced should be attached to such a document.
 If the accused related to a judgement is under custody, then such person should be
brought to the court when the judgment is being pronounced. If the accused is not in
custody then his presence shall be demanded by the court, at the time of passing the
judgment. If there is more than one person then the absence of any of them will not
have any effect in delaying the judgement. A copy of the judgement should be made
available to all persons associated with the case.
 The absence of a pleader during the pronouncement of a judgement shall not be
deemed to be enough reason for causing any delay in a judgement.

Prof. Metanshu Purandare

48 JUDGMENT

 Section 354
 This section tells us about the language which should be used while
pronouncing a judgement. It basically says that unless anything is
expressly mentioned under the judgement passed under section 353,
the judgement should be made in the official language of the respective
court.
 This section also helps us understand the ideal contents of a judgement.
It basically explains the different instances under which the court
passes judgement and the reasons which are required to be given by a
court, which shall be attached to the respective judgements.

Prof. Metanshu Purandare

 49 JUDGMENT
 Section 355
 This section provides instructions which are required to be followed by a Metropolitan Magistrate while
pronouncing a judgement.
 Section 357
 This section talks about the power of the court to demand compensation from the accused with regard
to the losses incurred by the other party to the suit. Such compensation may be for the costs of the
proceeding, compensation for causing harm, injury or death, etc. There is a particular period of time
provided for an appeal against such demand of compensation by the court. Once such period expires,
the accused shall be liable to pay such compensation.
 Section 358
 If a person gets arrested due to another person registering a false complaint against such a person
with the police. Then the court shall order such a person who posted the complaint to pay
compensation which shall not exceed one thousand rupees, to the person so arrested. Such
compensation is required to be paid for the lost time and money of such a person so arrested.
 If there is more than one person who has been arrested under such circumstances, then compensation
of rupees hundred such be paid to each person.

Prof. Metanshu Purandare

50 JUDGMENT

 Section 361
 This section tells us that under the following circumstances special reasons supporting the judgement should be
recorded:
1. Where an accused is a person under section 360 or under the provisions of the Probation of Offenders Act, 1958.
2. When an offender is a person supposed to be considered under the Children Act, 1960.
 Section 362
 This section tells us that once a judgement is pronounced, no change shall be made by the court or the presiding
officer on such judgement. Unless the appeal is filed at a higher court.
 Section 363
 This section tells us that a copy of the judgment pronounced by the presiding officer of the court shall be given out to
the accused, the complainants and all such persons associated with the proceeding in reference to which such a
judgement has been passed.
 Section 364
 This section provides that every judgement pronounced by a court should be recorded. In an instance where such
judgement is not in the language of the court and the accused requires so, then the judgement should be translated
into the language of the court and stored accordingly.

Prof. Metanshu Purandare

51 JUDGMENT

 Section 365
 This section tells us that in case a judgement is pronounced by a court
of session or by a Chief Judicial Magistrate, then a copy of such a
judgement should be sent to the office of the District Magistrate.

Prof. Metanshu Purandare

52 SUBMISSION OF DEATH SENTENCES FOR
CONFIRMATION
 The Supreme Court has been time and again stressing on the fact that the sentence of
death penalty (in cases of offences where other punishments have been prescribed for
should be a rarest of the rare phenomena. The death penalty is not the rule, but the
exception and while awarding the death penalty, the court has to furnish the special
reasons which motivated the court to come to this conclusion. The Apex Court has
mentioned various factors to be considered while awarding Death Penalty in the cases
of Bachan Singh v. State of Punjab and Machhi Singh v. State of Punjab.

Prof. Metanshu Purandare

53 SUBMISSION OF DEATH SENTENCES FOR
CONFIRMATION
 S. 366 of the Code provides that death sentences passed by a court of session are to be
submitted for confirmation to the High Court and are not to be executed until confirmed
by the High Court. This is done while keeping in mind the irrevocable character of the
death penalty and as a precautionary measure against a possible error on the part of the
trial court in reaching the conclusion. This provision is mandatory and is applicable
irrespective of any appeal, if any, filed by the accused.

Prof. Metanshu Purandare

54 SUBMISSION OF DEATH SENTENCES FOR
CONFIRMATION
The High court is empowered to direct further inquiry into the case and additional evidence may be
gathered under S. 367 of the Code. Such inquiry may be carried out by the High Court itself or by
the Court of Sessions.
 Additionally, S. 368 of the Code empowers the High Court to confirm or annul the conviction.
No order for confirmation can be made until the period for preferring an appeal has expired. In
the case of Kartarey v. State of U.P. , it was observed by the Supreme Court that “it is the duty
of the high court to re-appraise the entire evidence and consider the proceedings in all aspects
and then come to an independent conclusion on the merits of the case.”
 In every case that is submitted to the High Court for confirmation of the sentence, when the
bench constitutes of two or more judges, the order passed by the High Court has to be signed
by at least two of them (S. 369). Where an order of confirmation or any other order has been
passed by the High Court in cases of confirmation of death sentences, the proper officer of the
High Court shall send a copy of the order carrying the seal of the High Court to the Court of
Sessions (S. 371).

Prof. Metanshu Purandare

55

EXECUTION, SUSPENSION, REMISSION AND

COMMUTATION OF SENTENCES

Prof. Metanshu Purandare

56 EXECUTION, SUSPENSION, REMISSION
AND COMMUTATION OF SENTENCES
 The Code of Criminal Procedure, 1898 has devoted full chapter on the subject of
execution, suspension, remission and commutation of sentences. Indian legal mechanism
provides pardoning power sourcing from both statuary and constitutional authorities. By
virtue of article 72 and 161 of the Constitution of India, the President and Governor can
grant pardon, to suspend, remit or commute a sentence passed by the court. In addition to
the above constitutional provisions the Criminal Procedure Code, 1973 provides for
Suspension, remission and commutation of sentences. Sections 432, 433, 433A, 434 and
435, empower the government to suspend or remit or commute sentences.
 Suspension means to take or withdraw the sentence for the time being. It is the temporary
postponement of the sentence. Remission implies reducing the period of sentence without
changing its character. Commutation denotes the substitution of a form of punishment for
a lighter one. Execution of sentences implies that court shall cause any order to be
carried into effect by issuing a warrant or taking such other steps as may be necessary.

Prof. Metanshu Purandare

57 SUSPENSION OR REMISSION OF
SENTENCES
 ‘Suspension’ means a stay of the execution of the sentence or postponement of a judicial
sentence while ‘Remission’ means reducing the amount of sentence without changing its
character.
 Remission and suspension are different in their extent and meaning. ‘Remission’ means
that the rest of the sentence needs not to be undergone; leaving the order of conviction and
the sentence passed by the court untouched i.e. reduction of the amount of sentence without
changing its character, for example, a sentence of one year may be remitted to six months.
 The effect of an order of remission is to entitle the prisoner to his freedom on a certain
date.
 Therefore, once that day arrives, he is entitled to be released, and in the eye of law he is a
free man from that moment. If there is any breach of condition of such remission, the
remission can be cancelled and the prisoner committed to custody to undergo the unexpired
portion of the sentence.

Prof. Metanshu Purandare

58 SUSPENSION OR REMISSION OF
SENTENCES
 The procedure to be followed by government is also given in the Section 432(2), The Criminal Procedure
Code, 1973. On receiving any application for the suspension or remission of a sentence, the government has
to require the concerned court to state its opinion with reasons as to whether the application should be granted
or refused. A certified copy of the records has to be sent along with such opinion. The government may cancel
the suspension or remission of a sentence, if in its opinion the condition for granting such suspension or
remission is not fulfilled: the offender may thereupon, if at large, be arrested by any police officer without a
warrant and remanded to undergo the unexpired portion of the sentence. The power to remit the whole or any
part of the sentence belongs exclusively to the Executive.
 The power given to the government by this section is purely discretionary, and the law does not enjoin upon
the government to give reasons for remitting the unexpired portion of the sentence in the order of remission.
 However, the appropriate government must exercise this power fairly and not arbitrarily. In exercising its
power of remission under Sec 432, Government should have regard to the limitation imposed by Sec 433A of
Criminal Procedure Code. The remission and suspension under section 432 does not in any way interfere with
the order of conviction passed by the court, but it only affects the execution of the sentence.

Prof. Metanshu Purandare

59

Transfer of Cases under Code of Criminal

Procedure, 1973

Prof. Metanshu Purandare

60 Section 406 – Power of Supreme
Court to transfer cases and appeals
 The provision provides for the transfer of cases and appeals by the Supreme Court
from
1. one High Court to another OR
2. one criminal court subordinate to one High Court to a criminal court of equal or
superior jurisdiction subordinate to another High Court
if it considers it in the interest of justice. Such an application should be made by
any of the following:
1. Attorney-General of India
2. Advocate General of the state party to the case
3. Any other party involved or interested in the case, in which case it must be supported
by an affidavit or affirmation
 In case a person is found filing a fraudulent application under the Section, the
Supreme Court is empowered to pass an order for compensation up to Rs. 2000 to be
paid to any party which opposed the transfer petition.

Prof. Metanshu Purandare

61 Section 407 – Power of High Court to
transfer cases and appeals
 The power of a High Court to transfer cases and appeals is exercised when:
1. A fair, just and impartial trial won’t happen
2. Some question of an unusual difficulty is involved or arises
3. Such an order is required under some provisions of the Code
4. The convenience of the parties and witnesses necessitate it
5. Expedient for the ends of justice.

 The case or appeal under this Section can be:

1. Transferred from one Criminal Court subordinate to the High Court to another Criminal
Court of equal or superior jurisdiction
2. Committed to a Court of Sessions
3. Tried by the High Court itself

Prof. Metanshu Purandare

62 Section 408 – Power of Sessions
Judge to transfer cases and appeals

 Section 408 empowers a Session Judge to transfer a case or appeal

from one Criminal Court to another Criminal Court in his/her Sessions
Division if it is expedient in the interest of justice.
 The Sessions Judge may act
1. On its own
2. On report of a lower court
3. On application of a party

Prof. Metanshu Purandare

63 Section 409 – Withdrawal of cases
and appeals by Sessions Judge

 The provision empowers the Sessions Judge to either withdraw or recall

a case or an appeal made to any Assistant Sessions Judge or Chief
Judicial Magistrate who are subordinate to him/her. However, in case of
an Additional Sessions Judge, the same can be done only if the trail has
not started. The Sessions Judge can try the case or hear the appeal in
his/her own Court or make it over in accordance with the provisions of
this Code to another Court.

Prof. Metanshu Purandare

64 Section 410 – Withdrawal of cases by
Judicial Magistrate

 It empowers the Chief Judicial Magistrate to withdraw or recall any case

made over to any Magistrate who is subordinate to him/her and
try/inquire into such case himself/herself or refer it to any other
Magistrate competent to try/inquire.
 It also empowers a Judicial Magistrate to recall a case made over to any
other Magistrate under Section 192(2) of CrPC, 1973 and try/inquire
into it himself/herself.

Prof. Metanshu Purandare

65 Section 411 – Making over or
withdrawal of cases by Executive
Magistrates
 Just like Section 409 and 410, Section 411 empowers the Executive
Magistrates to withdraw or recall any case made over by him/her to a
subordinate Magistrate and dispose of such proceeding in his/her own
Court or make it over to another subordinate Magistrate.

Prof. Metanshu Purandare

66 Section 412 – Reasons to be recorded

 Section 412 states that wherein a transfer order is made under Section
408/409/410/411, the reasons of the same should be recorded. It
ensures that no transfer order is made without fair, just and compelling
reasons.

Prof. Metanshu Purandare

67

SAVING THE INHERENT POWERS OF HIGH COURT

Prof. Metanshu Purandare

68 SAVING THE INHERENT POWERS OF HIGH
COURT {SEC.482 Cr.P.C}
 In brief sec. 482 gives high court the power relating to the criminal administration of
justice. Under this section the High Court can pass any order to meet the ends of justice
even if there is no provision for such or order under the Cr.P.C. It’s an inalienable right
which makes justice and removes injustice. Sometime it is administrable & partly
judicial . These rights only given to high courts ,even though the courts subordinate to
the high courts have no inherent powers. These powers include powers to quash FIR,
investigation or any criminal proceedings. Only applicable when no other specific
remedy available, if it is cannot exercise these powers under this section.

Prof. Metanshu Purandare

69 SCOPE OF SAVING THE INHERENT POWERS
OF HIGH COURT {SEC.482 Cr.P.C}
 To give effect to any order under Cr.P.C.,
 To prevent abuse of the process of any court,
 To secure the ends of justice. Here are some cases related to this section

Prof. Metanshu Purandare

70 SAVING THE INHERENT POWERS OF HIGH
COURT
 The ends of justice are higher than the ends of mere law though justice has got to be administered
according to laws made by the legislature. The compelling necessity for making these observations is that
without a proper realisation of the object and purpose of the provision which seeks to save the inherent
powers of the High Court to do justice between the State and its subjects it would be impossible to
appreciate the width and contours of that salient jurisdiction."
 Though the High Court has inherent power and its scope is very wide, it is a rule of practice that it will
only be exercised in exceptional cases. Section 482 is a sort of reminder to the High Courts that they are
not merely courts of law, but also courts of justice and possess inherent powers to remove injustice.
 The inherent power of the High Court is an inalienable attribute of the position it holds with respect to
the courts subordinate to it.
 These powers are partly administrative and partly judicial. They are necessarily judicial when they are
exercisable with respect to a judicial order and for securing the ends of justice. The jurisdiction under
Section 482 is discretionary, therefore the High Court may refuse to exercise the discretion if a party has
not approached it with clean hands.

Prof. Metanshu Purandare