Types of Trial in CrPC

Four different types of trial in CrPC cater to the diverse range of offences and legal scenarios: Session trials, warrant trials, summon trials and summary trials.

These types of trial in CrPC is governed by specific legal provisions outlined in the CrPC, ensuring a systematic and fair adjudication process tailored to the severity and complexity of the alleged offences.

What is a Trial in CrPC?

A trial is like a quest for the truth. Everyone involved tries to piece together what really happened in the past, dealing with all sorts of challenges and conflicting information. The trial is a way to find out “what had really happened,” recreating the event that occurred in the past. Although the term “trial” isn’t specifically defined in the Criminal Procedure Code, it generally refers to the phase that starts after framing the charge and concludes with either acquittal or conviction.

In simpler terms, a trial is a formal examination of evidence by a judge, usually with a jury, to determine if someone is guilty in a civil or criminal case. The judge also needs to ensure that the punishment is enough to discourage wrongdoing but not so harsh that it becomes cruel. It should be fair and humane, striking a delicate balance to reform the offender for the benefit of both the individual and society.

Types of Trial in CrPC

In the Indian legal system, trials for accused individuals are categorised based on the severity of the offence. There are four types of trial in CrPC:

• Session Trial
• Warrant Trial
• Summons Trial
• Summary Trial

Legal Provisions for Various Types of Trial in CrPC

The Criminal Procedure Code contains specific provisions for these 4 types of trial in CrPC as:

• Sections 225-237 cover the trial of warrant cases by a Court of Session.
• Sections 238-250 govern the trial of warrant cases by magistrates.
• Sections 251-259 outline the procedure for trial of summons cases by magistrates.
• Sections 260-265 provide provisions for summary trials.

Here’s a table summarising the legal provisions for various types of trial in CrPC:

Procedure in Different Types of Criminal Trials in CrPC

Session Trial

If the offence carries a punishment exceeding seven years of imprisonment, life imprisonment or the death penalty, the trial is conducted in the Court of Session. The case is forwarded to this court by the magistrate (Sec 225-237 of the Criminal Procedure Code, 1973).

Procedure for Session Trial

First Stage of Trial

Prosecution Role: The trial in the Court of Session is conducted by a Public Prosecutor (Section 225). The Court of Session, operating at the district level, handles serious and grave offences. The prosecutor’s primary task is to present evidence in court to establish the guilt of the accused (Section 226).

Power of the Sessions Court: The Court of Session, as per Section 199, not only takes cognisance of offences but also deals with matters related to serious offences. It lacks the power to drop charges under Section 239 but can, under Section 226, frame or alter charges when an accused is committed for trial without a charge or with an imperfect or erroneous charge.

Discharge Decision: If, after reviewing the evidence and the accused’s submission, the judge finds insufficient grounds to proceed against the accused, the accused is discharged with reasons provided (Section 227).

Charge Framing: If there is sufficient ground to presume that the accused committed an offence triable by the Court of Session, the court frames a written charge against the accused. If the offence is not exclusively triable by the Court of Session, the case is transferred to the Chief Judicial Magistrate or any Judicial Magistrate of the first class.

Reading of Charges: The framed charges are read aloud in clear and understandable language in front of the accused. The accused is then asked to plead guilty or not guilty to the charges (Section 228).

Second Stage of Trial

Accused Plea and Judge’s Discretion (Section 229):

Accused’s Plea: If the accused understands the charges and pleads guilty, the judge records the plea and may convict the accused. However, this is at the judge’s discretion (Section 229).

Judicial Discretion:

While the judge has the power to convict under Section 229, it is advisable not to immediately convict. The preferred approach is to ask the prosecution to present evidence to prove its case.

Accused Refusal to Plead (Section 230):

Refusal to Plead: If the accused refuses to plead guilty under Section 229, the judge schedules a date for the prosecution to examine witnesses and produce any relevant documents (Section 230).

Third Stage of Trial

Acquittal or Continuation (Section 232):

Acquittal: If, after examining the accused and prosecution evidence, the judge finds no evidence of the accused committing the offence, the judge acquits the accused (Section 232).

Continuation of Trial:

If the prosecution’s evidence justifies the charges and denies acquittal, the defense counsel presents evidence in support of the accused. The accused can also apply for the attendance of witnesses or the production of documents (Section 233).

Closing Statements and Final Judgment (Sections 234-235):

Closing Statement: After hearing both sides, when the issue arises for a closing statement, Section 314 applies. The defense gives a closing statement under Section 234 and the prosecution gives one under Section 235.

Final Judgment: Considering all evidence, the judge makes the final judgment.

Warrant Trial

A warrant case involves offences punishable by death, life imprisonment or imprisonment exceeding two years. The trial for a warrant case commences either through the filing of an FIR at a police station or by submission before a Magistrate.

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Procedure in Warrant Trial

Chapter XIX of Criminal Procedure Code: Warrant Trial Procedures (Sections 238-250):

Chapter XIX of Cr.P.C, spanning from Section 238 to Section 250, outlines the procedures governing warrant trials.

Two Distinct Procedures:

For the trial of warrant cases by Magistrates, two distinct procedures are prescribed. The first is applicable to cases instituted based on police reports (Sections 238 to 243 and 248 to 250 of Cr.P.C.). The second is designed for cases instituted other than those based on police reports (Sections 244 to 247 and 248 to 250, 275 of Cr.P.C.)

Police Complaint

First Stage of Trial

Document Verification (Section 207):

Magistrate’s Duty: In compliance with Section 207, the magistrate ensures receipt of all necessary documents along with the charge sheet (Section 238).

Groundless Charge Discharge (Section 239):

If, upon reviewing the charge sheet filed under Section 173, the magistrate deems the charge groundless, the accused is discharged and the reasons are recorded (Section 239).

Framing of Charges (Section 240):

If the magistrate believes the accused is triable, charges are framed against the accused (Section 240).

Judicial Duty of Magistrate: As highlighted in the State of U.P. vs. Lakshmi Brahman case, the magistrate’s duty under Section 207 must be performed in a judicial manner.

Second Stage of Trial

Charge Framing and Evidence Collection (Sections 240, 242, 243):

Charge Framing (Section 240):

After framing charges under Section 240, the magistrate proceeds to prove the case under Section 242.

Mandatory Evidence Collection (Section 242, 243):

Under Section 242(3), the magistrate is obligated to gather all evidence presented in support of the prosecution. Sections 243(1) and (2) mandate specific procedures for both police report and private complaint cases.

Uniform Procedure (Vijay Raj vs State of Rajasthan):

The case of Vijay Raj vs State of Rajasthan asserts that the procedure after the accused is called upon to enter a defense remains consistent for cases initiated upon a police report and those initiated otherwise.

Plea Recording Specifics (P. Saravanan vs State):

In the case of P. Saravanan vs State, it is emphasised that recording a plea of guilty under Section 241 (or Section 229 in a sessions case) often occurs after reading the charge to the accused. The charge must be specific, unambiguous and the accused’s admission must be clear and unconditional.

Private Complaint

Evidence Presentation (Section 244):

If the case is initiated through a private complaint and the accused is brought before the magistrate, the prosecution reviews all evidence. The prosecution can issue a summon to any witness, directing them to attend or produce relevant documents (Section 244).

Discharge of Accused (Section 245):

After gathering evidence under Section 244, if the magistrate deems the charges groundless at any prior stage of the case, they can discharge the accused (Section 245).

Second Stage of Trial

Defense Evidence Presentation (Section 247):

According to Section 247, the defense counsel presents evidence to support the accused.

Magistrate’s Verdict (Section 248):

If, upon framing charges against the accused, the magistrate finds them not guilty, an order of acquittal is released.

Dismissal and Explanation (Section 250):

In cases organised due to an objection to the judge, police official or the accused individual presented before the magistrate, if the officer finds no grounds against the accused, an immediate release occurs. The person who lodged the complaint is called to explain why they should not pay damages to the accused.

Violation of Natural Justice (Section 250):

The case of Narpat Singh vs Anr. emphasises that making uncharitable remarks and initiating proceedings under Section 250 Cr.P.C. against the petitioners is a gross violation of the principles of natural justice. The impugned action is vulnerable on this count and the registration of the case against the accused was pursuant to a court order under Section 156(3) Cr.P.C.

Summons Trial

An offence punishable with less than two years of imprisonment falls under the category of a summon case. For these offences, there is no requirement to frame charges. Instead, a summon is issued by the magistrate to the accused under Section 204(1)(a) of the Criminal Procedure Code, 1973.

Sections 251-259 of the Criminal Procedure Code, 1973 outline the procedure for the trial of summon cases by magistrates. This procedure is less rigorous compared to other trials.

Procedure in Summon Trial: Chapter XX of Criminal Procedure Code (Sections 252-259)

Chapter XX of Cr.P.C, from Section 252 to Section 259, encompasses the provisions governing summon trials.

First Stage of Trial

Accused Appearance (Section 251):

When the accused appears in front of the magistrate, the particulars of the offence are stated and the accused is asked whether they plead guilty to the charges.

Plea Acceptance and Transmission (Section 253):

If the accused pleads guilty, having received the summon under Section 206, the magistrate may accept the plea by post or messenger. If the accused disagrees, the magistrate, using discretionary powers, may impose the specified fine.

Discharge at Previous Stage (Biru Ram vs Ishar Singh & onr.):

Sub-section (2) of Section 253 clarifies that the magistrate can discharge the accused at any previous stage if, for recorded reasons, the charge is deemed groundless.

Procedure when Not Convicted (Section 252 or Section 203):

If not convicted under Section 252 or Section 203, the magistrate hears the prosecution, considers evidence or issues summon to witnesses for further proceedings.

Second Stage of Trial

Acquittal or Conviction (Sections 252, 255):

If the magistrate is satisfied with the guilt based on charges framed, he may convict the accused under Section 252 or Section 255. If the evidence proves the accused not guilty, the magistrate records an order of acquittal.

Withdrawal of Complaint (Section 257):

Before a final order is passed, if the complainant convinces the magistrate to withdraw the complaint, the magistrate may permit withdrawal.

Conversion to Warrant Case (Section 259):

In cases where the offence is punishable for more than six months, the magistrate, in the interest of justice, may convert a summon case into a warrant case, following the warrant case procedure for rehearing.

Summary Trials

Summary trials are characterised by the swift disposal of cases through a specific procedure, primarily applied to smaller cases. Complicated cases are typically reserved for warrant and summon trials. Legal provisions for summary trials are outlined in Sections 260-265 of the Criminal Procedure Code, 1973.

Procedure in Summary Trial

Chapter XXI of Criminal Procedure Code:

Trial Provisions (Sections 260-265L):

Chapter XXI of Cr.P.C, spanning from Section 260 to Section 265L, outlines the provisions governing summary trials.

Objective of Speedy Disposal:

The primary goal of a summary trial is to dispose of cases expeditiously.

Procedure to Be Followed:

Similarity to Summon Trial (Section 262):

The procedure for summary trials is the same as that specified for summon trials (Section 262).

Limitation on Fine Appeals:

If a fine not exceeding two hundred rupees is imposed, no chance of appeal is provided.

Record in Case of Non-Guilty Plea (Section 264):

If the accused doesn’t plead guilty in a summary trial, the magistrate records the substance of the evidence. The judgment must contain a brief statement of the reasons for the specific finding (Section 264).

Language of Record (Section 265):

Section 265 emphasises that every record, including particulars from Section 263, substance of evidence and judgment, must be recorded in the language of the court.

The Bombay High Court observed in Shivaji Sampat Jagtap vs. Rajan Hiralal Arora that if the procedure specified under Section 263 and 264 is not followed by the succeeding magistrate, a trial de novo need not be held. This view was upheld in J.V. Baharuni vs. State of Gujarat in 2015.

Conclusion

Trials in CrPC are categorised into various types to address the diverse nature of offences and legal proceedings. Four primary types of trial in CrPC are prevalent: session trials, warrant trials, summon trials and summary trials. Session trials come into play when the offence carries a punishment exceeding seven years of imprisonment, life imprisonment or the death penalty. Warrant trials handle offences punishable with severe penalties, such as death, life imprisonment or imprisonment exceeding two years.

Summon trials, on the other hand, pertain to offences punishable by less than two years of imprisonment. These trials do not necessitate the framing of charges and a magistrate issues a summon to the accused. Summary trials are designed for swift resolution of smaller cases, aiming for speedy disposal. The procedure for summary trials mirrors that of summon trials, emphasising efficiency.