Trial Before a Court of Session

The trial before a Court of Session is a fundamental pillar of our legal framework, particularly when dealing with the most serious criminal cases. This judicial process ensures that justice prevails in matters such as murder, rape, and other grave offences.

The trial before a Court of Session serves as the cornerstone for fair, meticulous, and lawful examinations of evidence and testimonies, fostering public confidence in the legal system.

What is Trial Before a Court of Session in CRPC?

In the context of the Criminal Procedure Code (CrPC), a “trial before a Court of Session” refers to a legal proceeding in which serious criminal cases, such as murder or rape, are heard and adjudicated by a specialised higher court known as the Court of Session.

 This court conducts formal legal proceedings, involving the presentation of evidence, witness examination and legal arguments, ultimately culminating in a verdict of guilt or innocence. If the accused is found guilty, the Court of Session has the authority to impose appropriate sentences. The process ensures fair and thorough adjudication of major criminal offences under the jurisdiction of this court.

Importance of Trial Before a Court of Session in CRPC

The trial before a Court of Session under the Criminal Procedure Code is crucial for justice and law enforcement. It deals with serious criminal cases, ensuring a comprehensive, fair and lawful examination of evidence and witnesses. The Court of Session, as a higher court, plays a pivotal role in delivering justice, imposing sentences for grave offences and maintaining public trust in the legal system.

This process upholds the principle of due process, safeguards the rights of the accused and provides a forum for impartial adjudication. Additionally, it helps deter and address serious crimes, contributing to public safety and the overall rule of law.

Process of Trial Before a Court of Session in CRPC

Jurisdiction: The court of Session is a higher court with the authority to handle complex and serious criminal cases. It can conduct trials for offences that fall under its jurisdiction, such as murder, rape, kidnapping and other major crimes.

Procedures: The trial before a Court of Session follows specific legal procedures, which may vary from one jurisdiction to another but generally involve the presentation of evidence, examination of witnesses and arguments from both the prosecution and the defence.

Role of the Judge: The judge in a Court of Session trial presides over the proceedings, ensures that proper legal procedures are followed and makes decisions on legal matters during the trial. In some cases, the judge may also be responsible for determining the verdict if there is no jury.

Verdict: At the end of the trial before a Court of Session, the judge or the jury, depending on the legal system, delivers a verdict of guilty or not guilty based on the evidence and arguments presented during the trial.

Sentencing: If the verdict is guilty, the Court of Session also has the authority to pass sentences, including imprisonment, fines or other penalties, depending on the nature of the crime and relevant laws.

Provisions in CrPC Dealing with Trial Before a Court of Session in CRPC

Parties in Trial Before a Court of Session (Section 225)

In a trial in a court of session, there are two main parties involved. The prosecution is handled by a public prosecutor. The accused person has the right to choose a defence lawyer. If the accused cannot afford a lawyer, the court will provide one at the state’s expense. Before the trial begins, the accused is given copies of important documents such as the police report and FIR (First Information Report).

Opening the Case (Section 226)

The public prosecutor begins the case by explaining the accusations against the accused. They briefly outline the evidence they plan to use to prove the guilt. The prosecutor’s job is not to guarantee a conviction but to present the case’s facts to the tribunal, which will make the judgment.

Discharge of the Accused in Trial Before a Court of Session (Section 227)

After hearing from both sides, if the court believes there is insufficient reason to proceed against the accused, they will release the accused and provide the reasons for doing so. This stage does not involve witness examination but allows both sides to present their arguments for either filing charges or discharging the accused.

Framing of Charges for Trial Before a Court of Session (Section 228)

After listening to both parties in a trial before a Court of Session, if the court believes the accused may have committed the offence:

If the offence can only be tried in the Court of Session, the court frames the charges in writing.

If the offence is not exclusively for the session’s court, the court frames charges and transfers the case to the Chief Judicial Magistrate. It’s important to note that when framing charges under Section 228 of the Criminal Procedure Code, the judge doesn’t need to provide detailed reasons. Only a prima facie case is considered at this stage. This means that the judge doesn’t have to determine if the case is beyond a reasonable doubt, as clarified by the Supreme Court in the case of Bhawna Bai v. Ghanshyam & Ors.

In the case of Rukmini Narvekar v. Vijaya Satardekar, the court ruled that the accused could not present evidence at the charge framing stage. Only materials specified in Section 227 at the time of framing the charges are considered.

Explaining the Charge and Inquiry About Plea (Section 228(2))

The details of the charge must be explained to the accused, allowing them to either admit guilt or request a trial. In the case of Banwari v. State of UP, the court ruled that not reading or explaining the charge to the accused doesn’t affect the trial unless it’s proven that not following Section 228 has harmed the accused.

Conviction on a Guilty Plea in Trial Before a Court of Session (Section 229)

If the accused pleads guilty, the judge records the plea and can choose to convict the accused. As seen in Queen Empress v. Bhadu, the guilty plea must be clear; otherwise, it’s treated as a plea of not guilty. Section 229 specifies that if an accused pleads guilty, the judge can convict them at their discretion and record it.

However, the court cannot convict the accused on a guilty plea when the offence carries a penalty of death or life imprisonment. In Hasaruddin Mohommad v. Emperor, the court emphasised that it’s hesitant to convict someone accused of an offence with the death penalty or life imprisonment based solely on a guilty plea. The accused’s right to appeal is restricted by Section 375 if they are convicted based on a guilty plea.

Setting a Date for Prosecution Evidence (Section 230)

If the accused refuses to plead, doesn’t plead, claims to be tried or isn’t convicted under Section 229, the judge schedules a date for the examination of witnesses or may order the appearance of witnesses or the production of documents or things.

Evidence for Prosecution (Section 231)

On the scheduled date, the judge gathers all the evidence to support the prosecution’s case.

The judge may, at their discretion, allow the cross-examination of a witness to be postponed until after other witnesses have been examined or recall a witness for further cross-examination.

In the case of Ram Prasad v. State of U.P, the Supreme Court ruled that if the court finds the prosecution failed to present witnesses for unreasonable or improper reasons, it can draw a negative conclusion against the prosecution.

The court noted in State of Kerala v. Rasheed that when deciding an application under Section 231(2), a balance should be maintained between the rights of the accused and the prosecution’s obligation to present evidence. Several factors should be considered, including the risk of undue influence, threats, the potential for later witnesses to adjust their testimony to undermine the defence and the memory of witnesses whose direct examination is complete.

Prosecution’s Arguments in Trial Before a Court of Session (Section 314(2))

After all witnesses have been heard, the prosecution presents a summary of their oral arguments. A copy of these arguments is provided to the opposing party.

Examination of the Accused

The accused is questioned without being placed under oath. This process allows the accused to clarify the circumstances alleged by the prosecution.

Acquittal in Trial Before a Court of Session (Section 232)

If, after hearing from both sides, the judge concludes that the accused did not commit the offence, an order of acquittal is recorded.

Commencing the Defense (Section 233)

If the accused is not acquitted, they are asked to present their defence. The court has the authority to summon or question any person as a court witness at any stage.

Arguments (Section 234)

After recording the defence, the prosecutor summarises their case and the accused or their representative is given the opportunity to respond. If the defence raises any legal points, the prosecutor may be allowed to make additional submissions.

Judgment of Acquittal or Conviction in Trial Before a Court of Session (Section 235)

After hearing arguments from both sides, the court issues a judgment of either acquittal (not guilty) or conviction (guilty). In the case of Santa Singh v. State of Punjab, the Supreme Court emphasised that the judge should first decide on a verdict of either conviction or acquittal. If the accused is convicted, they are given an opportunity to present their side regarding the sentencing before the court decides the punishment.

In Bacchan Singh v. State of Punjab, the court ruled that this section allows for a two-step trial process. It grants the accused the right to a pre-sentence hearing, which might not be directly related to the specific crime being investigated but can impact the choice of punishment.

Previous Conviction (Section 236)

When a prior conviction is alleged, as specified in subsection (7) of Section 211 and the accused does not admit to the previous conviction as stated in the charge, the judge may collect evidence related to the alleged prior conviction and make a record of their findings.

It’s important to note that the judge should not read the charge or ask the accused to plead to it and the prosecution should not mention the previous conviction in any evidence until the accused has been convicted under Section 235 or Section 239.

Procedure in Cases Instituted Under Section 199(2) (Section 237)

Trial Procedure: When a Court of Session takes up a case under Section 199(2), it follows the same trial procedure used for warrant cases initiated by means other than a police report before a magistrate.

In-Camera Trial: All trials under this section can be held in a private session if either party requests it or if the court deems it appropriate.

Compensation for Unfounded Accusations: If the court discharges or acquits all or some of the accused in such a case and believes that there was no valid reason for making the accusations, it can issue an order. This order directs the person against whom the offence was alleged to show why they should not compensate the accused. This applies to each or any of the accused if there are multiple.

Determining Compensation: The court examines the reasons presented by the person directed to pay compensation. If it concludes that there was no reasonable cause for the accusation, it can order compensation, not exceeding Rs. 1000, to be paid by that person to the accused or each of them.

Recovery of Compensation: Compensation awarded under subsection (4) is collected as if it were a fine imposed by a magistrate.

No Exemption from Liability: The person ordered to pay compensation under subsection (4) is not exempted from any civil or criminal liability regarding the complaint made under this section.

Right to Appeal: The person instructed to pay compensation can appeal to the High Court.

Payment Timing: When an order for compensation is made in favour of an accused person, the compensation is not paid to them until the period allowed for filing an appeal has passed or, if an appeal is submitted until the appeal is decided.

Conclusion

A trial before a Court of Session is a vital component of our legal system. It’s where serious criminal cases are heard, such as murder and rape, ensuring justice is served. The trial before a Court of Session guarantees that evidence is carefully examined, witnesses are heard and legal procedures are followed. The Court of Session, as a higher court, plays a crucial role in delivering a fair and impartial verdict. This not only protects the rights of the accused but also maintains public trust in the legal system.

Moreover, the Court of Session helps keep our communities safe by addressing and deterring major crimes. It upholds the principle of due process, making sure everyone is treated fairly under the law. In essence, it is a cornerstone of a just and orderly society, providing a platform for justice and ensuring the rule of law prevails.