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Trial

The Court of Session follows a defined procedure for trials as outlined in the Code of Criminal Procedure (CrPC). Trials are divided into challan cases, initiated by police report, and complaint cases, initiated by a private complaint. For challan cases, the accused must be supplied documents like the FIR, police report, witness statements, inspection notes, and recovery notes at least 7 days before trial. For complaint cases, the accused must be supplied the complaint, attached documents, and statements under Sections 200 and 202 of CrPC. The court will frame charges, record the plea of the accused, examine prosecution evidence, allow the accused to adduce evidence, issue necessary process, sum up the case, deliver a judgement

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0% found this document useful (0 votes)
48 views2 pages

Trial

The Court of Session follows a defined procedure for trials as outlined in the Code of Criminal Procedure (CrPC). Trials are divided into challan cases, initiated by police report, and complaint cases, initiated by a private complaint. For challan cases, the accused must be supplied documents like the FIR, police report, witness statements, inspection notes, and recovery notes at least 7 days before trial. For complaint cases, the accused must be supplied the complaint, attached documents, and statements under Sections 200 and 202 of CrPC. The court will frame charges, record the plea of the accused, examine prosecution evidence, allow the accused to adduce evidence, issue necessary process, sum up the case, deliver a judgement

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TRIAL BY COURT OF SESSION

TRIAL BY COURT OF SESSION

What procedure does the Court of Session follow in the trial of a murder case?

Describe briefly the procedure of trial of a case by Court of Session.

INTRODUCTION
RELEVANT PROVISIONS
Following are the relevant provisions of CrPC regarding the topic.
Sections 265-A to 265-N
MEANING OF TRIAL
The term trial has not been defined by CrPC. It may be defined as under:
A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime.
PROCEDURE GIVEN IN CRPC FOR THE TRIALS BY HIGH COURT AND COURT OF SESSION
The procedure for trials by the High Court and the Court of Session has been divided into two categories
in CrPC.
1- Challan Case
2- Complaint Case.
COGNIZANCE OF OFFENCES BY COURT OF SESSION U/SEC 193
PROSECUTION WHERE TRIAL INITIATED UPON POLICE REPORT U/SEC 265-A

I-

a)
b)
c)
d)
e)

PROCEDURE TO BE FOLLOWED BY COURT OF SESSION U/SEC 265-B


Following procedure shall be followed in a trial by the Court of Session.
SUPPLY OF STATEMENTS AND DOCUMENTS U/SEC 265-C
CASES INSTITUTED UPON POLICE REPORT
The following documents shall be supplied free of cost to the accused not later than 7 days before
commencement of the trial;
FIR
POLICE REPORT
STATEMENTS OF WITNESSES RECORDED U/SEC 161 AND 164 CrPC
INSPECTION NOTES RECORDED BY IO
RECOVERY NOTES

CASES INSTITUTED UPON COMPLAINT


The following documents shall be supplied free of cost to the accused not later than 7 days before
commencement of the trial;
a) COMPLAINT WHICH IS MADE
b) ANY DOCUMENT ATTACHED WITH THE COMPLAINT
c) STATEMENTS MADE UNDER SECTIONS 200 AND 202 OF CrPC

II-

FRAMING OF CHARGE U/SEC 265-D

III-

PLEA U/SEC 265-C

IV-

i)

RECORDING OF EVIDENCE U/SEC 265-F


If the accused does not plead guilty or the Court does not convict him guilty in its discretion, the court
shall proceed to hear the complainant and take all evidence produced by the prosecution.
Summoning Of Witnesses

ii)

Accused to Be Asked To Adduce Evidence

iii)

Evidence Adduced By the Accused

iv)

Issuing Of Process
a) Compelling the attendance of any witness or
b) Production of any document or
c) Any other thing.
The court shall issue such person

V-

SUMMING UP U/SEC 265-G

Where Accused Adduce Evidence


VI-

JUDGMENT U/SEC 265-H


WHERE ACCUSED IS GUILTY
WHERE ACCUSED IS NOT GUILTY

VII-

POWER OF COURT TO ACQUIT ACCUSED AT ANY STAGE U/SEC 265-K

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