Cr.P.

C Synopsis Unit-I (Continuation)

6. Types of Trail
Trial is not defined in the Code. According to Wharton’s Law
Lexicon “Trial means the hearing of a cause, civil or criminal before a
judge who has jurisdiction over it according to the law of the land”
Under the Code first stage is the investigation, the second stage is
inquiry and the third stage is the Trial. Trial is important to determine
whether the accused is guilty of an offence.
Criminal Procedure Code has Four distinct modes of trial. Depending
upon the nature of the offence the trial will be held in respective
courts.
1. Trial before a Court of Session
2. Trial of warrant cases by Magistrates
3. Trail of Summons cases by Magistrate
4. Summary Trials.
1. Trial before Court of Session (Secs. 225 to 257)
In trial before a court of session the basic requirements are,
(i) Section 225 provides that “in every trial before a court of
Session the prosecution shall be conducted by the Public
Prosecutor. This section is directive in nature.
(ii) Section 303 confers an important right to the accused person
to be defended by a counsel of his own choice.
(iii) Sections 207 and 208 provide for supply of documents to the
accused.
With the above requirements the following steps has to be followed.
I. Initial steps in the trial
(i) Opening of the case for prosecution (Sec.225, 226)
(ii) Discharge of the accused (Sec.227)
(iii) Framing of charges.(Sec. 228(1))
(iv) Explaining the charge to the accused.(Sec.228(2))
(v) Conviction on plea of guilty (Sec. 229)
(vi) Date for prosecution evidence (Sec. 230)
II. Evidence for prosecution
(i) Examination of witnesses (Sec. 231(1))
(ii) Record of Evidence (Sec.276 to 280)
III. Steps to follow the prosecution evidence
 (i) Examination or explanation of the accused (Sec. 313)
(ii) Hearing of parties and order of acquittal (Sec.232)
IV. Evidence for the defence
(i) Examination of the witnesses for the defence
(Sec.233(1))
(ii) Written statement of the accused (Sec. 233(2))
(iii) Record of evidence (Sec.233(3))
V. Steps to follow the defence evidence
(i) Examination of Court witness if any (Sec. 311)
(ii) Arguments (Sec.234)
VI. Judgment and connected matters.
(i) Judgement (Sec. 235(1))
(ii) Procedure to follow the order of conviction (Sec.
235(2)
(iii) Procedure in case of previous conviction (Sec. 236)
VII. Procedure in cases of High Dignitaries and Public servants.
Procedure in cases instituted under Section 199(2)(Sec. 237)

2. Trial of warrant cases by Magistrate (Sec. 238 to 250)

The provisions relating to trial are divided into three groups.
A. Trial of warrant Cases instituted on a police report (Sec. 238 -
Sec. 243)
B. Trial of warrant Cases instituted otherwise than on a Police
Report (Sec. 244 - 247)
C. Conclusion of Trial (Common Provisions) (Sec.248 - Sec. 250)

A. Trial of warrant cases instituted on a Police Report.

I. Initial steps in trial
(i) Supply of copies of documents to accused (Sec.238)
(ii) Discharge of accused if allegation are baseless (Sec.239)
(iii) Framing of charge (Sec.240(1))
(iv) Explaining the charge to the accused (Sec. 240(2))
(v) Conviction on plea of guilty (Sec. 241)
(vi) Fixing date for examination of witnesses for Prosecution
(Sec. 242(1))
II. Evidence for Prosecution
(i) Examination of witnesses (Sec.242(3))
 (ii) Record of the evidence (Sec.275(1) & (4))
III. Steps to follow the Prosecution Evidence
(i) Examination or explanation of the accused (Sec.313)
(ii) Arguments
IV. Evidence for the defence
(i) Examination of witnesses for defence (Sec. 243(1))
(ii) Written statement of the accused ( Sec.243(2))
(iii) Record of evidence (Sec. 275 (1) to (4) & sec.276 to
280)
V. Steps to follow defence evidence
(i) Examination of court witnesses if any (Sec. 311)
(ii) Arguments on behalf of Defence (Sec.314)
(iii) Judgement.

B. Trial of warrant case instituted otherwise than on police report.

I. Initial steps in Trial
(i) Preliminary hearing of prosecution case (Sec. 244)
(ii) Discharge of the accused (Sec.245)
(iii) Framing of charges (Sec.246)
(iv) Explaining the charge to the accused (Sec. 246(2)
(v) Conviction on plea of guilty (Sec. 246(3))
(vi) Choice of the accused to recall prosecution witnesses. (Sec.
246(4) & Sec.246(5))
II. Evidence for Prosecution.
(i) Examination of witnesses ( Sec.246(6))
(ii) Record of evidence for prosecution (Sec.275(1) to(4))
III. Steps to follow the Prosecution Evidence
(i) Examination of the accused (Sec. 313)
(ii) Arguments of the prosecution (Sec.314)
IV. Evidence for defence (Sec.247 says Section 243 apply)
(i) Examination of the witnesses for the defence (Sec.243(1)
and section 243(2).
(ii) The written statement of the accused ( Section 243(1))
(iii) Record of evidence for defence ( Sec. 275(1) to(4))
V. Steps to follow defence evidence
(i) Examination of Court witness if any (Sec. 311)
(ii) Arguments on behalf of the defence ( Sec.314)
 (iii) Judgment and connected matters (Sec. 248 to 250)
III. Trial of Summons cases by Magistrate (Section 251 to 259)
1. Initial steps in the trial
a) Explaining the substance of accusation to accused(sec.251)
b) Conviction on plea of guilty ( section 252)
c) Conviction on pleas of guilty in the absence of accused in
petty cases. ( Sec.253)
2. Hearing of prosecution cases
a) Hearing of prosecution ( Sec.254 (1))
b) Evidence for prosecution ( Sec.254 (1)(2)(3))
c) Record of evidence ( Section 274(1) to (4))
d) Arguments on behalf of the prosecution ( Sec.314)
3. Personal examination of the accused (Sec.313)
4. Hearing of the defence case.
(a) Hearing of the accused and evidence for defence
(b) Record of evidence (section 274(1) to (4))
(c) Arguments ( Section 314)
5. Acquittal or conviction ( sec.255)
a) Acquittal ( sec. 255(1)
b) Conviction and sentence if guilty (sec. 255 (2))
c) Accused may be convicted of an offence not charged
6. Non-appearance or death of the Complainant. (section 256(1)
and (2))
7. Withdrawal of complaint. ( Sec. 257)
8. Power to stop the proceeding in certain cases.( Sec. 258)
9. Power of the court to convert warrant cases to summons cases.
10.Compensation for accusation without reasonable cause ( section
250).

IV. Summary Trials.

(Sec. 260 to 265)
The object is speedy disposal of cases. Not for contentious or
complicated cases which requires lengthy inquiry.
Section 260 provides that any Chief Judicial Magistrate, Metropolitan
Magistrate of the first class specially empowered in this behalf by the
High Court, try in a summary way in respect of the offences specified
in this section like, offences not punishable with death, imprisonment
for life or imprisonment for a term exceeding two years, theft, under
section 379, section 380 or section 381 of the India Penal Code,
where the value of the property stolen does not exceed two thousand
rupees; receiving or retaining stolen property where the value of such
property does not exceed two thousand rupees, offences under
sections 454 and 456 of the Indian Penal Code, insult with intent to
provoke a breach of the peace, under section 504, and criminal
intimidation, under section 506 of the Indian Penal Code. abetment
and attempt to commit of any of the foregoing offences;
Under Section 261 the High Court may confer on any Magistrate
invested with the powers of a Magistrate of the second class power to
try summarily any offence which is punishable only with fine or with
imprisonment for a term not exceeding six months with or without
fine, and any abetment of or attempt to commit any such offence.
According to Section 262 the procedure shall be similar to the
summons case as modified by this chapter. The limit of term of
sentence of imprisonment is three months.
Section 263 lays down that in every case tried summarily, the
Magistrate shall enter, in a prescribed form, the serial number of the
case, the date of the commission of the offence, the date of the report
or complaint, the name of the complainant, the name, parentage and
residence of the accuse, the value of the property in respect of which
the offence has been committed, the plea of the accused and his
examination, the finding, the sentence or other final order.
Section 264 sets out that in every case tried summarily in which the
accused does not plead guilty, the Magistrate shall record the
substance of the evidence and a judgment containing a brief statement
of the reasons for the finding. The substance of the evidence must be
recorded at the time when the evidence is given in court. The
evidence must be sufficient to justify the order of the court. It must
enable the appellate court to perform its functions in appeal.
Section 265 requires that every such record and judgment shall be
written in the language of the Court and the record or judgment so
prepared shall be signed by such Magistrate.
 7. Features of Fair Trial
A universally accepted principle is that a person accused of any
offence should not be punished unless he has been given a fair trial
and his guilt is proved. Fairness is a relative concept and cannot be
explained in absolute terms.
In Iqbal Ismail Sodawala vs State of Maharashtra 1975 (3) SCC 140 it
was held that the primary object of Criminal Procedure is fair trial.
Essential components of a fair trial
1. Adversary System
2. Presumption of innocence
3. Independent, impartial and competent judges
4. Venue of trial
5. Right of the accused to know the accusations
6. Accused person to be tried in his presence
7. Evidence to be taken in the presence of the accused
8. Right of the accused person to cross examine prosecution
witnesses and to produce evidence in defence.
9. Right of the accused person to have expeditious trial.
10. Doctrine of ‘autrefois acquit’ and ‘autrefois convict’
11. All pervasive concept of fair trial.