Session Court trial

Introduction

As the trial indicate the article is about the procedure to be followed while the trial is being conducted in
a court of session chapter 8 of section 225 to 237 of a code of criminal procedure 1973 deals with the
detail provision regarding trial before the session court

Meaning of trial

The word trial has not been defined in the code of criminal procedure 1973 this word has been define in
the code of criminal procedure 1972.as follows trial means the proceeding taken in the court after a
charge has been drawn up and include the punishment of the offender and it include the punishment of
the offender and it includes the proceeding in Chapter 16 and 18 from the time when the accused is
appear in the court.

the word trial also define in the section 2( 7) bankers book Evidence Act 1891 according to the section 2
(7) trial any means any hiring before the hearing before the court which evidence has been taken there
has been attempt to Judiciary define the word trial in the case of

Union of India versus major general Madan Lal Yadav in this case a three judges bench of the supreme
court said it could therefore clear that trial means and act of providing or judicial examination or
determination of issue including its own jurisdiction or authority in accordance with the law or judicially
or in convince of accused including all step their to this definition was approved in para 30 of
constitution bench of Hardeep Singh vs State of Punjab 2013

Types of trial in criminal cases

The trial of a accused in a Indian criminal law is divided through the punishment of the set committed
committed options the trial of the accused for the offence committed by him his divided into four types

session trial

Warrant trial

summon trial

summary trial

Court of session : power

The State Government establishes the Sessions Court which has to be presided by a Judge appointed by
the High Court. The High Court appoints Additional as well as Assistant Sessions Judges. The Court of
Sessions ordinarily sits at such place or places as ordered by the High Court.

Sentences which the High Courts and Sessions Judges (Section 28) can pass the following sentences.

Any sentence authorised by law can be passed by the High Court.

A sessions or additional sessions Judge has the authority to pass any sentence authorised by law. But,
while passing death sentence prior permission from High Court is required.
An Assistant Sessions Judge has the authority to pass any sentence which has been authorised by law.
Such judge cannot pass a death sentence, life imprisonment or imprisonment for more than 10 years.
The trial before a court of Sessions proceeds as follows:

1) Parties (Sec 225 of Code of Criminal Procedure): In Sessions Trial, the accused has the right to
hire a counsel of his choice and in case he is unable to hire a lawyer, he will be assigned an
attorney at the expense of the State. Before the commencement of trial, it is required to provide
the accused with the copies of FIR, police report, etc.
2) Beginning of Trial (Sec 226 of Code of Criminal Procedure): The prosecutor begins the trial and
presents the accusations before the Judge. It is the duty of the prosecutor to present the
evidence by which he wants to prove the accused guilty. Prosecutor is bound to lay the facts of
the case before the Judge.
3) Discharge of Accused (Sec 227 of Code of Criminal Procedure): After both the parties present
their cases before the judge and if the court is of the opinion that the evidence is not sufficient
to prove the accused guilty or to proceed with the case, the Court discharges the accused and
states the reason for same. After this, the witnesses cannot be examined; however, the parties
can still argue their case.
4) Framing of charge (Sec 228 of Code of Criminal Procedure): After both the parties present their
case before the Judge and if the court is of the opinion that the accused might have committed
the offence,
A written charge is framed, if the Sessions Court has exclusive jurisdiction.
If the Session Court does not have exclusive jurisdiction over the case, the charge is framed and
the case is transferred to the Chief Judicial Magistrate.

Explaining the charge (Sec 228(2) of Code of Criminal Procedure): The accused has the right to
know about the charges framed against him so that he can plead guilty or be tried.

Conviction in plea of guilty (Sec 229 of Code of Criminal Procedure): It is the discretion of the Judge
to convict in case the accused pleads guilty. However, the accused cannot be convicted on the basis
of pleading guilty if the punishment for the offence is either death or life imprisonment.

Date for Prosecution Evidence (Sec 230 of Code of Criminal Procedure): In case the
accused does not plead guilty then the case goes in for trial and the Judge schedules a date
to examine witness or examine evidence.
Evidence for prosecution (Sec 231 of Code of Criminal Procedure):

The Judge examines prosecution’s evidence on the date scheduled.

It is the discretion of the Judge to examine or cross examine any witness.

Arguments by prosecution (Sec 314(2) of Code of Criminal Procedure): After the cross examination of
witnesses is complete, a memorandum of oral arguments is submitted by prosecution and the opposite
party is supplied with a copy of the argument.
 Examination of Accused: The accused is provided with a chance to explain the charge against him and
explain his circumstances.

Acquittal (Sec 232 of Code of Criminal Procedure): After trial, if the evidence & witnesses are not
adequate to prove the accused guilty, then the Judge can acquit the accused.

Trial by defence (Sec 233 of Code of Criminal Procedure): The defence is called upon with his evidence &
witnesses in case the accused is not acquitted.Arguments by Prosecutor & Defence (Sec 234 of Code of
Criminal Procedure): After the prosecutor sums up his case, the right to reply goes to the defence.
However, the prosecutor can challenge any point made by the defence.

14) Judgement (Sec 235 of Code of Criminal Procedure): After both the parties present their side of the
case, the court on basis of evidence procured &statements recorded from witnesses delivers the
judgement and either acquits or convict the accused. However, before passing a sentence against the
accused, he shall be heard.

15) Procedure in previous conviction (Sec 236 of Code of Criminal Procedure): In case the accused is
previously convicted for an offence and he denies the same, then it is the duty of Judge to come to final
conclusion regarding the previous conviction and pass the enhanced punishment; if any.

16) Procedure of trial in case of defamation of public servants ( Sec 199(2) & Sec 237 of Code of Criminal
Procedure):

Any offence tried under Section 199(2) of CrPC by the Sessions Court shall be tried with the same
procedure as of warrant cases.

Trials under this section should be held before camera (only if court permits).

In case of discharge or acquittal of accused by the court, the Judge can order direct the petitioner in this
case to compensate the accused person.

The amount of compensation should not exceed Rs. 1000.

Compensation awarded is similar to a fine imposed by the Court.

Paying compensation does not exempt anyone from civil or criminal liability.

The person who is asked to pay compensation has a right to appeal to High Court.

The petitioner is not bound to pay compensation before the period to file appeal elapses.

LANDMARK JUDGEMENTS

Bachan Singh vs. State of Punjab (AIR 1980 SC 898): The Court ruled in this case, that the accused person
has right to be heard before his sentence even though his words may not be relevant or connected to
the case. It was a landmark judgement in developing jurisprudence relating to death penalty. The
judgement revolved around one major issue: whether or not the procedure mentioned under Section
354(3) of Code of Criminal procedure is unconstitutional or not. Under Section 354(3) of CrPC, it is
mentioned that a judge should provide with “special reasons” in case a crime involves punishment of
death penalty or life imprisonment.

State of Kerala vs. Rasheed (AIR 2019 SC 721): In this case, the Court ruled that there must be a balance
between rights of an accused & entitlement of prosecution while deciding an application and the
following factors must be kept in mind:

BhawnaBai vs. Ghanshyam & Ors (CRL.APL NO. 1820/2019): In this case,the Supreme Court of India
laid down that while a case is in trial only the prima facie evidence should be acknowledged.

Rukmini Narvekar vs. Vijaya Satardekar (14 SCC 1 2008): In this case it was mentioned that any evidence
cannot be produced during framing of charge and only the materials mentioned under Section 227 of
Code of Criminal Procedure will be admissible by Court.

CONCLUSION

The Code of Criminal Procedure ensures that every person who is accused of an offence gets a chance of
fair trial and there should not be any delay in the investigation process. It is the duty of the Judge to
make sure that the accused is heard in a fair manner and he is provided with every means to ensure that
he is able to defend his case. Section 304 the Code of Criminal Procedure also guarantees legal aid to
every person who cannot afford to fight his case and the same right is provided under Article 22(1) of
Constitution of India. It also ensures that any person who is accused of an offence should not be wrongly
convicted, i.e. he should not be punished for an offence that he has not even committed. The trial in
Sessions Court is fair and there is no delay in the investigation process which makes sure that justice is
served in time because justice delayed is justice denied.