Different Kinds Of Trial Under CRPC Law Essay

Different Kinds Of Trial Under CRPC Law sampleMost offences in Indian criminal law were created by Statute and have a statutory maximum penalty. For the purposes of trial, offences were divided into antithetic categories, offences triable by indictment ( blurb brasss) or offences triable single summarily, or offences triable either way. The roughly undecomposed offences (eg murder, rape) are triable only on indictment, at the sittings courtroomroom. A large mass of less serious offences are triable only summarily, in magistrates moves. The middle category of offences triable either way and comprises of closely burglaries, thefts and frauds.The trial is the diametrical point of a Criminal incase. south 190 of the CrPC talks of the conditions that need to be fulfilled forward proceedings can be initiated by the Magistrate (it specifi predicty empowers a Magistrate to channel cognizance of a case). It is the max power of the Magistrate low Sec 204 of the CrPC to refer o r reject a case from get intoing the present of trial. Trial is the judicial adjudication of a soulfulnesss guilt or innocence. Under the CrPC, criminal trials have been categorized into quad divisions having different procedures, called Session, mug, dictation and succinct trials.Sec 225-237 deal with warrant cases by a court of Session.Sec 238-250 deal with warrant cases by magistrates.Sections 251-259 provides procedure for trial of cognitive operation cases by magistrates.Sections 260-265 make provisions relating to summary trials.Warrant Case A warrant case relates to offences punishable with death, poundage for life or gyves for a terminal exceeding two years. The CrPC provides for two types of procedure for the trial of warrant cases triable by a magistrate, viz., those instituted upon a police report and those instituted upon complaint or on own in functionation of magistrate.In repute of cases instituted on police report, it provides for the magistrate to discha rge the incriminate upon consideration of the police report and documents sent with it. In revere of the cases instituted otherwise than on police report, the magistrate hears the prosecution and takes the evidence. If there is no case, the criminate is discharged. If the accuse is non discharged, the magistrate holds perpetual trial after framing the charge, etc.Sessions case In delight in of offences punishable with death, life imprisonment or imprisonment for a term exceeding seven years, the trial is conducted in a Sessions court after being committed or forwarded to the court by a magistrate.Summons case A summons case consists of all cases relating to offences punishable with imprisonment non exceeding two years. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called nonice, to the criminate when the person appears in pursuance to the summons. The court has the power to convert a summons case into a warrant case, if the magistrate thinks that it is in the interest of justice.Summary case The high court whitethorn empower magistrates of first sectionalisation to filtrate certain offences in a summary way. Second class magistrates can summarily try an offence only if punishable only with a fine or imprisonment for a term not exceeding six months. In a summary trial, no sentence of imprisonment for a term exceeding deuce-ace months can be passed in some(prenominal) conviction. The particulars of the summary trial are entered in the character of the court. In every case tried summarily in which the accuse does not plead flagitious, the magistrate records the substance of the evidence and a judgment containing a design statement of the reasons for the finding.1Procedure of Magistrate on appearance of accuse in warrant caseIn warrant case if the Magistrate finds that the charge against the accused is proveless, he has power to discharge the accused by recording reasons. If the Magistrate has reason to believe that there is ground to proceed further, he then frame charges against accused which is read and explained and thereafter asks accused whether he pleads guilty of offence or not. If the accused pleads guilty, the Magistrate may convict the accused and proceed further to question the accused about quantum of sentence. Thereafter awards sentence. If the accused pleads to be tried, the magistrate proceeds to examine the witnesses of prosecution, hearing of prosecution and examination of accused under Section 313(1)(b) CrPC follows. The accused shall also be called upon to enter defence and produce his witnesses if any.Procedure of Court of SessionIn case of offence exclusively triable by a court of Session, the Magistrate may take cognizance if much(prenominal) an offence and commit the case to the court of Session for trial. A court of Session cannot directly take cognizance of offence triable by it. On appearance by the accused in front Sessions Court, the stress hears the public prosecutor regarding the case. If the Judge considers that there is no sufficient ground to proceed with, he can discharge the accused, otherwise he proceeds to frame charge and examines the accused about the charge. If the accused pleads guilty the judge convicts the accused and the question quantum of sentence and award sentence by way of judgment. If the accused wishes to be tried the Judge shall fix dates for examination of prosecution witnesses and shall hear prosecution arguments and then call upon accused personally to explain any circumstances against him in evidence. If no case is do-out, the Judge shall record order of acquittal. If the Judge does not think it fit to acquit the accused, he shall thereupon ask the accused to enter on his defence. Accused can also file written statement explaining the circumstances of his involvement in the case. On hearing prosecution and accused, the Judge shall give a judgment. In case the accused is convicted, he shall be heard about quantum of sentence. Thereupon award of sentence follows.Examination of Court Witnesses-The court has power to examine any person, at any stage, as court witness in the ends of Justice.Summons procedure-In summons case, the accused is issued summons to appear or brought before the Magistrate. Then particulars of offence are stated and if the accused pleads guilty, he is convicted or otherwise trial follows. It shall not be necessary to frame charges in summons case.Summary and trial procedure-Summary trial is a short-cut procedure of regular trial. Since risk is involved in short cut procedure, senior and experienced judicial officers are empowered to try certain lilliputian cases. Though some offences under this summary trial procedure involved are warrant cases, hardly the involvement of punishment in summary trial being only trio months imprisonment, summons case procedure is followed at the trial. In this summary trial, the Magistrate shall record substance if evidence and a judgment of brief statement of reasons for the finding follows if the accused does not plead guilty.2GuidelinesThe purpose of these guidelines is to help magistrates decide whether or not to commit either way offences for trial in the Sessions Court. Their object us to provide guidance not direction. They are not meant to impinge upon a magistrates duty to consider each case individually and on its own particular facts. These guidelines apply to all defendants aged 18 and above.General Mode of Trial ConsiderationsWhen decision making whether a case is better triable as a Sessions case or a warrant case, a magistrate must keep in mind the following considerations a) the nature of the case, b) whether the circumstances make the offence unrivaled of a serious character, c) whether the punishment which a magistrates court would have the power to inflict for it would be adequate, d) any other circumstances which appear to the court to make it suitable for the offence to be tried in one way rather than the other, e) any representations made by the prosecution or the defence.Some more observations a) the court should never make its decision only on the grounds of convenience or expedition, b) the court should assume for the purposes of deciding the mode of trial that the prosecution version of the facts is correct, c) where cases involve complex questions of fact or difficult questions of law, including difficult issues of disclosure of sensitive material he court should consider committal for trial, e) in general, except where otherwise stated, either-way offences should be tried summarily.Problems and Suggested Reforms in Trial ProcedureIn cases of conviction, the sentence that may be passed is limited by (a) the procedure adopted for purposes of trial and (b) the limits placed by S.29 Cr.P.C. on different classes of Magistrates. If the case is tried by the Chief Judicial Magistrate (or the Chief metropolitan Magistrate), the u pper limit of sentencing would be any sentence authorized by law, except a sentence of imprisonment for life or of imprisonment for a term exceeding seven years. A Magistrate of the First Class (or a Metropolitan Magistrate) may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding Rs.5000 or of both.3The procedure for recording evidence varies according to the form of trial. Section 274 Cr.P.C., prescribes that in summons cases and inquiries, the Magistrate shall, as the examination of each witness proceeds, make a inscription of the substance of the evidence in the language of the Court. The proviso enables the Magistrate to cause such memorandum to be made in writing or from his dictation in open Court where the Magistrate is unable to make such memorandum himself and records reasons for his inability.S.376 (d)., provides that no appeal from a convicted person shall lie when a sentence of fine only is passed not exceeding Rs.200/- in a ca se tried summarily by the Magistrate empowered under section 260.S.260 and 355 are either unutilized or under-utilized.Only those Magistrates (Other than CJMs and MMs) who are duly empowered, either by name, or by virtue of office, or under the statute creating the offence can try the cases summarily. But most of the Magistrates are not empowered. This is one among the many reasons why summary procedures is not fully utilized. As the Judge of the same status can deal with the case summarily when he is posted as a metropolitan Judge without any authorisation there is no reason why such empowerment is needed for other magistrates to deal with the cases summarily under Section 262 of the CodeThe Law Commission has in its 154th report also recommended enhancement of the limit of Sentence prescribed in Section 262 of the Code to three years. It has also recommended some incidental amendments to Sections 2(x) and 2(w). The researcher feels that Section 2(x) defining warrant case be amend by substituting the word three for the word two. Consequently all cases which are not warrant cases, relating to offences punishable with imprisonment lower than three years shall become Summons cases which shall be tried by following the summary procedure prescribed in Chapter XXI of the Code.Large number of cases which do not involve serious offences can be disposed of expeditiously. As the Magistrate has power under S. 260(2) to try the case regularly if he feels that it is desirable to do so in the interest of justice no blemish would be caused.However, the researcher is of the opinion that proper training should be given to all the Magistrates about trying the cases following the summary procedure. The training should include mock trails and writing of judgments in summary trials by the trainees.