Sessions Trial (265A - 265N)

SESSIONS TRIAL
Relevant Provisions:
Sections 265A to 265N of Cr.P.C.
265A. TRIAL BEFORE COURTS OF SESSION TO

BE CONDUCTED BY PUBLIC PROSECUTOR:
Every trial initiated upon police report before
the Court of Sessions, the prosecution shall be
conducted by the Public Prosecutor.
265B. PROCEDURE IN CASES TRIABLE BY

HIGH COURT AND COURTS OF SESSION:
The following procedure shall be observed by
the High Court and the Courts of Session in the
trial of cases by the said Courts.
265C. SUPPLY OF STATEMENTS AND

DOCUMENTS TO THE ACCUSED:
1. In all cases instituted upon police report,
copies of the following documents shall be
supplied free of cost to the accused not
later than seven days before the
commencement of the trial, namely:
a. The first information report ;
b. The police report;
c. The statement of all witnesses u/s 161
and 164;
d. The inspection note recorded by the
investigation officer on his first visit to the
place of occurrence.
Provided that, if any part of the statement
recorded u/s 161 or 164 is such that its
disclosure to the accused would be inexpedient
in public interest, such part of the statement
shall be excluded from the copy of statement
furnished to the accused.
2. In all cases instituted upon complaint in

writing:
a. The complainant shall:
i. State in the petition of complaint the

substance of accusation , the names of
the witnesses and the gist of evidence
which he is likely adduce at the trial;
ii. Within three days of the order of the Court

under section 204 for issue of process to the
accused, file in the Court for supply of
copies of the complaint to the accused and
any other documents which he has filed with
the complaint;
b. Copies of the complaint and any other

document which the complainant had filed
and the statements under section 200 or
202 shall be supplied free of cost to the
accused not later than seven days before
the commencement of the trial.
265D. WHEN CHARGE TO BE FRAMED:
If after observing the police report or as the
case may be the complaint and all other
documents and statements filed by the
prosecution, the Court is of opinion that there is
ground for proceeding with the trial of the
accused it shall frame in writing the charge
against the accused.
265E. PLEA:
1. The charge shall be read and explained
to the accused and he shall be asked that
whether he pleads guilty or he has any
defence to make.
2. If the accused pleads guilty, the Court

shall record the plea and may in its
discretion convict him.
265F. EVIDENCE FOR PROSECUTION:

1. If the accused does not plead guilty or
the Court does not convict him on his plea,
the Court shall proceed to hear the
complainant and shall take all such
evidence which may be produced in support
of prosecution:
Provided that the Court shall not be bound to
hear any person as complainant in any case in
which the complaint has been made by the
Court.
2. The Court may ascertain from the Public

Prosecutor or as the case may be from the
complainant, the names of any person
likely to be acquainted with the facts of the
case and to be able to give evidence for
prosecution and shall summon such
person to give evidence before it.
3. The Court may refuse to summon any

such witness if the Court is of opinion that
such witness is being called for the purpose
of delay, vexation, or defeating the ends of
justice.
4. When the examination of the witnesses

for the prosecution and the examination of
the accused are concluded, the accused
shall be asked that whether he means to
adduce evidence.
5. If the accused put in any written

statement, the Court shall file it with the
record.
6. If the accused or any of the several

accused says that he means to adduce
evidence the Court shall call on the
accused to produce his evidence.
7. If the accused or any of the several

accused after entering the defence, applies
to the Court for issue any process for
compelling the attendance of any witness
for examination or production of any
document or other thing, the Court shall
issue such process unless it considers that
the application is made for purpose of
delay, vexation or defeating ends of
justice.
265G. SUMMING UP BY PROSECUTOR AND

DEFENCE:
1. In cases where the accused or any one of
several accused does not adduce evidence
in his defence, the Court shall on close of
prosecution case and examination of the
accused, call upon the prosecutor to sum
up the case and the accused shall make a
reply.
2. In cases where the accused or any of the

several accused, adduces evidence in his
behalf, the Court shall on the close of
prosecution case and examination of
accused, call upon the accused to sum up
his case whereafter the prosecutor shall
make a reply.
265H. ACQUITTAL OR CONVICTION:

1. If the Court finds the accused not guilty,
it shall record the order of acquittal.
2. If the Court finds the accused guilty the

Court shall subject to the provisions of
section 265I, convict him according to law .
265I. PROCEDURE IN CASE OF PREVIOUS

CONVICTION:
1. If a person is charged u/s 221, sub –
section (7) of Cr.P.C for previous conviction,
the Court shall record a plea of accused
relating to such part of charge and after
finding the accused guilty of the offence
charged shall pass a sentence according to
law.
2. If the accused admits that he had been

previously convicted as alleged in charge,
the Court may pass a sentence according to
law and if the accused does not admit that
he has been previously convicted as
alleged in charge, the Court may take
evidence in respect of the alleged previous
conviction and may record finding and then
pass sentence according to law.
265J. STATEMENT U/S 164 ADMISSIBLE:

The statement recorded U/S 164 Cr.P.C shall be
treated as an evidence, subject to the provisions
of Evidence Act, 1872.
265K. POWER OF COURT TO ACQUIT

ACCUSED AT ANY STAGE:
Court have the power acquit the accused at any
stage, if after hearing the prosecutor and the
accused, it considers that there is no probability
of the accused being convicted of any offence.
265L. POWER OF ADVOCATE GENERAL TO

STAY PROSECUTION:
At any stage of any trial before a High Court,
before the sentence is passed, the Advocate
General, may if he thinks fit, inform the Court on
behalf of the Government that he will not
prosecute the accused upon the charge and
therefore all proceedings against the accused
shall be stayed and he shall be discharged for
the time being but such discharge shall not
amount to acquittal unless the presiding judge
directs.
265M. TIME OF HOLDING SITTING:

Every High Court shall hold the sittings on such
days at such convenient intervals as the Chief
Justice of such Court from time to time
appoints, for the exercise of original criminal
jurisdiction.
265N. PLACE OF HOLDING SITTINGS:

1. The High Court shall hold its sittings at
the place at which it held or at such other
place ad the Provincial Government may
direct.
2. But the High Court may from time to

time with the consent of the Provincial
Government, hold sitting at such other
places within the local limits of the appellate
jurisdiction.
3. Such officer as the Chief Justice directs

shall give prior notice in the official Gazette
of all sittings intended to e held for original
criminal jurisdiction of the High Court.

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SESSIONS TRIAL

265A. TRIAL BEFORE COURTS OF SESSION TO

265B. PROCEDURE IN CASES TRIABLE BY

265C. SUPPLY OF STATEMENTS AND

2. In all cases instituted upon complaint in

i. State in the petition of complaint the

ii. Within three days of the order of the Court

b. Copies of the complaint and any other

2. If the accused pleads guilty, the Court

265F. EVIDENCE FOR PROSECUTION:

2. The Court may ascertain from the Public

3. The Court may refuse to summon any

4. When the examination of the witnesses

5. If the accused put in any written

6. If the accused or any of the several

7. If the accused or any of the several

265G. SUMMING UP BY PROSECUTOR AND

2. In cases where the accused or any of the

265H. ACQUITTAL OR CONVICTION:

2. If the Court finds the accused guilty the

265I. PROCEDURE IN CASE OF PREVIOUS

2. If the accused admits that he had been

265J. STATEMENT U/S 164 ADMISSIBLE:

265K. POWER OF COURT TO ACQUIT

265L. POWER OF ADVOCATE GENERAL TO

265M. TIME OF HOLDING SITTING:

265N. PLACE OF HOLDING SITTINGS:

2. But the High Court may from time to

3. Such officer as the Chief Justice directs

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