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    Procedure For Sessions Trial

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    Arihant Roy
    Under the Code of Criminal Procedure

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    © All Rights Reserved
    Download as PDF or read online from Scribd

    Procedure For Sessions Trial

    Uploaded by

    Arihant Roy
    29 views3 pages
    Under the Code of Criminal Procedure

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    Procedure for Sessions Trial

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    © © All Rights Reserved

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    Under the Code of Criminal Procedure

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    29 views3 pages

    Procedure For Sessions Trial

    Uploaded by

    Arihant Roy
    Under the Code of Criminal Procedure

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
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    | Daily Doc + AKcLe J PYaP | Sem4 { crPc / Unit4 Discuss in detail the procedure of sessions trial. @ Add Source @ Show Tags 1, Introduction to Fair Trial 1. Due process of law requires that every proceeding shall be fair, thereby ensuring that presumption of innocence is rebutted only on meeting the highest safeguards of fair procedures of trial. 2. The right to fair trial is a fundamental and constitutional right. 3. It is also well acknowledged in International Law (Article 10 of the UDHR and Article 6 of the ECHR) 4,"Due process of law requires that the proceedings shall be fair, but fairness is a relative and not absolute concept, what is fair in one set of circumstances may be an act of tyranny in others" <> this statement by SCOTUS summarizes the problem with defining ‘due process’ <> though there has to be a fixed standard for everyone to follow, and for which no exceptions can be made. 2. Introduction to Sessions Trial J 1. After a Police Report is filed, the competent magistrate takes cognizance of the case and if the case is triable by "Court of Session" then under s. 209, transfers the case up to it. 2. From the moment of transfer, the "Court of Session" must adhere to Chapter 18 of the Code. 3. Procedure for Sessions Trial J 1, Prosecution's Opening < After the accused is brought before the court the PP describes the accusations against the accused and state the evidence by which he proposes to prove the accused guilty <> s. 225 and 226 2. Framing of Charge/ Discharge J 1. Itis the court's duty to consider the record of the case and the documents submitted to it <> and to hear the submissions of the accused and the prosecution as to whether the accused should be discharged or charges framed 2.If the judge considers that < there is no sufficient reasons for proceeding further against the accused <> he shall discharge him (s. 227). 3.If the judge considers that © there is sufficient reasons for proceeding further against the accused <> he shall frame charge against the accused. 3. Reading of Charge and Plea J 1. The judge shall read out and explain the charge to the accused <> and the accused shall be asked whether he pleads guilty to the charge or claims to be tried <> s228(2) 2.If the accused pleads guilty <> the judge may convict him at once after recording the plea © s. 229 3.If the accused refuses to plead guilty or claims to be tried < the judge shall fix a date for taking evidence for the prosecution © and issue process for the attendance of such witnesses as applied for by the prosecution <> s. 230-231 4. Order of Acquittal J 1. After the evidence for the prosecution is taken, <> the judge shall examine the accused and hear both the prosecution and the defence <> on the question of whether the accused is entitled to be acquitted at that stage. 2.If the judge after considering the above < comes to hold that “there is no evidence (as adduced by the prosecution) that the accused committed the offence" <> the judge shall record an order of acquittal of the accused without proceeding further © 8.232 5. Defence's Entry 4 1. If the accused is not acquitted u/s 232 <> he shall be called on to enter his defence. 2. The accused may, thereupon put in a written statement <> and apply for process of compelling the production of any witness or of any document or thing <> s 233 6. Closing of Defence Evidence V 1. The closing of the defence evidence <> will be followed by the arguments of both the parties and the judgment <> s 234 and 235. 4. Additional Notes J 1. Trial to be conducted by PP

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