Procedure of Trial before Sessions

Court
Introduction

Sessions Court is the court that deals with criminal cases at a district level. To be more
precise, it deals with the more serious warrant cases. It cannot take cognizance directly of any
offense except in cases of defamation as given u/s 199 of CrPC. In rest other, a competent
magistrate takes cognizance and commits the case to the court for trial.

This is the stage where mainly trials coupled with evidence, arguments, the cross-
examination (basically all the fun part of being an advocate) takes place. Chapter-XVIII,
Sec.225-237 of the Code of Criminal Procedure, 1973 substantially deals with the procedure
for trial before a Sessions Court.

INITIAL STAGE OF TRIAL:-

Sec. 225.Trail to be conducted by Public Prosecutor- In every trial before a Court of

Session, the Public prosecutor shall conduct the prosecution.

All the process can be explained simply by an example. Imagine a courtroom with
prosecution [being a public prosecutor (Sec. 225)] on one and defence (represented by one
the accused chooses or the court appoints) on the other side. It is the duty of the court to
provide accused with all the necessary copies of documents for their perusal.

Sec.226. Opening case for prosecution- When the Accused appears or is brought before the
Court, the prosecutor will open or start the case by describing the charge of offence. Also
stating the evidence by which he proposes to prove guilt of the accused.

Since prosecution is the one accusing, (when the case in pursuance to Sec.209 is brought), he
is the one who will be initiating the case proceeding with the pieces of evidence to prove the
guilt of accused while describing the charges against him (Sec.226). This is mere to
determine whether the trial is to be affected or not. One thing to note here is that prosecution
is not under any duty to make the accused be present and hence his absence will not lead to
his acquittal1 . It is the duty of the court to secure it.

Sec.227. Discharge- After considering the documents and also records of the case. After hearing
the statements of accused and the prosecution. The judge thinks that case does not have sufficient
grounds for proceeding against the accused. Then he may discharge the accused and record the
reason for same.

Sec.228. Framing of charges- After consideration and hearing as aforesaid, the Judge thinks that
case has ground for presuming that the accused has committed an offence which is :

1. not exclusively triable by the Court of Session. He may order transfer of the case to the
Chief Judicial Magistrate or any other Judicial Magistrate of the first class. He may also
direct the accused to appear before the Chief Judicial Magistrate, or the Judicial
Magistrate of the first class. Magistrate shall try the offence in accordance with the
procedure for the trial of warrant-cases instituted on a police report;
2. exclusively triable by the Court of session, he shall frame in writing a charge against the
accused.

Where the Judge frames any charge, the charge shall read and explained to the accused. The
accused shall asked to confess the offence or crime.

If after this, the judge considers that there is no case against the accused by prosecution, he
will discharge the accused vide Sec.227 of CrPC (this clause merely ensures that a person is
not harassed with a prolonged, unnecessary trial2 giving reasons (to aid the superior court in
case of appeal in determining the correctness and sufficiency of reasons for acquittal 3. The
Hon`ble Supreme Court in the case of Union of India v. Prafulla Kumar Samal 4, has
enumerated 4 principles to be kept in mind when the accused is to be discharged u/s 227, the
gist of which is a prima facie case should be made against the accused the test of which will
vary from case to case

But if the presumption of the commission of offense arises then there are 2 scenarios vide Sec. 228:

1. If that Court of Session can exclusively try the matter at hand, charges in writing by the court
shall be framed [228(1)(b)]

1 State of Gujarat v. Nareshbhai Haribhai Tandel, 1997 CriLj 2783(Guj.)

2 Kewal Krishan v. Suraj Bhan, 1981 SCC (Cri) 438.
3 State of Karnataka v. L.Muniswamy, (1997) 2 SCC (699)
4 (1979) 3 SCC 699
 2. If the Court of Session cannot exclusively hold the trial, meaning thereby another court has
the jurisdiction to try this case at hand, then session court shall transfer the case to the
appropriate CJM or JM of First Class [228(1)(a)]

U/s 228, another important point to note is that if charges are framed as above given, they
are to be explained to the accused in the language and manner he will understand (though
a violation of it will not vitiate the further proceedings.) Then, the accused will be asked
if he pleads guilty to the offenses he is charged with or not [(228(2))].

The Stage at Sec.227 and 228 plus the presumption so as to lead to framing of charge(s)
as mentioned above can be the result of even a strong suspicion since court possesses a
very wide discretion to determine sufficiency of grounds available i.e. whether they are so
as to require the framing of charge(s)5.

Sec.228 (1) and Sec.227 ensure that no frivolous accusation is made or that no trial takes
place without any material. Sec.227 and 228 are inter-related since the principles that are
to be followed u/s 227 to discharge an accused can also be made applicable to the framing
of charges. In case of the framing of charges, reasons for doing so need not be given.
They are to be explained though, still if not, this won`t necessarily vitiate the trial.

5 L .Muniswamy case ibid and Prafulla Kumar Samal case ibid

THE SECOND STAGE OF TRIAL:-
Sec.229. Conviction on plea of guilty- If the accused pleads guilty, the Judge shall record the plea
and may, in his discretion, convict him thereon.

Sec.230. Date for prosecution evidence- If the accused refuses to plead, or does not plead, or claims
to tried or not convicted under section 229, the Judge shall fix a date for the examination of witnesses.
On application of the prosecution, issue any process for compelling the attendance of any witness or
the production of any document or other thing.

U/s 229, an accused can plead guilty of an offense either himself or if allowed to appear by a
pleader, then through him, in unambiguous terms. He can be convicted based on it except in
cases where the offense in question is punishable by death or life imprisonment where there
is a form of reluctance to convict based on such plea6. If a conviction is done, then any right
of appeal against such conviction stands curtailed7. For conviction on the basis of such plea,
it is held by the Hon`ble Supreme Court to be essential that the accused be confronted with
the substance of allegations against him8.

If no such pleading or conviction u/s 229 is made/done, the court vide Sec.230 shall fix a date
for examination of witnesses or may compel the attendance of any witness or production of
any documents the prosecution may need.

U/s 231, the court is to take all evidence produced and allow any cross-examination as
mentioned in its clause (2).

Sec.231. Evidence for prosecution- On the date so fixed, the Judge shall ask for all such
evidence which needs in support of the prosecution. The Judge may also permit the cross-
examination of any witness. Until any other witness or witnesses have examined or recall any
witness for further cross-examination.

6 Hasruddin Mohommad v. Emperor, (1929) 30 CriLj 508

7 Sec. 375 of CrPC
8 Anand Vithoba Lohkare v. State of Haryana, (1996) 4 SCC 17
THIRD STAGE OF TRIAL:-

U/s 232, the court may acquit the accused if no evidence/legal proof indicating his
involvement in the said offense appears/presented.

Sec.232. Acquittal- After taking the evidence for the prosecution, examining the accused and
hearing the prosecution and the defence on the point. The Judge considers that there is no
evidence that the accused committed the offence, the judge shall record an order of acquittal.

Sec.233. Entering upon defence-

1. The accused may called upon to present his defence, if not acquitted under section 232. He
also needs to produce evidence in support.
2. The Judge may file any written statement produced by the accused, as record.
3. If the accused applies for compelling the presence of any witness or the production of any
document or thing, the Judge shall issue such process. Unless he considers that such
application should refused as made for the purpose of vexation or delay or for defeating the
purpose of justice.

If no acquittal, then u/s 233, accused presents his case, may in writing or otherwise, can
produce evidence, witness just like the prosecution. However, this can be denied if it appears
that they are being presented only to cause inordinate delay etc. Hence, non-compliance with
this section does not necessarily vitiate the proceeding. Sec.315 considers an accused to be a
competent witness as well.

Sec. 234 and 314 both deal with who shall give the closing arguments. Being a specific
provision, 234 prevails if any conflict arises hence if Sec. 314 applies, defense gives the
closing argument but if 234 does, the prosecution sums up, defense replies after him.

Sec.234. Arguments- The examination of the witnesses (if any) for the defence gets
complete. Then the prosecutor shall sum up his case and the accused or his pleader shall
entitled to reply. Provided that where any question of law raised by the accused or his
pleader. The prosecution may submit his statement on such question of law.

Sec.235. Judgment of acquittal or conviction- The Judge shall pass its judgment in the
case, after hearing arguments and points of law (if any). If the accused is convicted, the Judge
shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on
the question of sentence, and then pass sentence on him according to law.
After conviction, u/s 235, the accused shall be heard with regard to the sentence etc.(as given
from Sec. 353-365) and then will be sentenced unless Sec. 360 of CrPC9 applies. This gives
the accused a right of pre-sentence hearing which will at the most have a bearing on the
choice of sentence10 but has to be followed in letter and spirit otherwise it is a violation of
natural justice.

U/s 236, in case of a previous convict, the court may call for evidence on that matter and
record finding. This helps in case the accused is liable to enhanced punishment.

Lastly, Sec. 237 deals with procedure in cases of defamation of high dignitaries and public
servants to prevent vindication of the conduct of such officials. However, provision for
compensation to the accused to prevent false accusation is made as well.

9 360. Order to release on probation of good conduct or after admonition

10 Bachan Singh v. State of Punjab, (1980) 2 SCC 684
CONCLUSION:-

In this way, we went through almost all forms of complexities that are involved in case of a
trial before a Sessions Court. In the beginning, it is decided whether there is any cause for
trial or not. Next, it is seen, if there are sufficient grounds to convict through cross-
examination, pieces of evidence etc. and lastly the accused is acquitted or sentenced as the
case may be.

If no such pleading or conviction u/s 229 is made/done, the court vide Sec.230 shall fix a date
for examination of witnesses or may compel the attendance of any witness or production of
any documents the prosecution may need.

U/s 231, the court is to take all evidence produced and allow any cross-examination as
mentioned in its clause (2).