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    Trail Procedure in Magistrate Court & Session Court

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    Lincoln Molla
    Trial procedures in the Magistrate Court and Session Court are as follows: In the Magistrate Court, there are two forms of trial - regular trials and summary trials. Regular trials involve several stages including pre-trial hearings, framing of charges, pleas, examination of evidence, and sentencing if found guilty. Summary trials simplify procedures by limiting evidence recording and adjournments, with a maximum 2-year sentence. Session Court trial stages include opening prosecution cases, pre-trial hearings, framing charges, pleas, examination of prosecution and defense evidence, arguments, judgement, and sentencing. Both courts must complete trials within strict time limits - 180 days for Magistrate Court and 360 days for Session

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    Trail Procedure in Magistrate Court & Session Court

    Uploaded by

    Lincoln Molla
    83 views13 pages
    Trial procedures in the Magistrate Court and Session Court are as follows: In the Magistrate Court, there are two forms of trial - regular trials and summary trials. Regular trials involve several stages including pre-trial hearings, framing of charges, pleas, examination of evidence, and sentencing if found guilty. Summary trials simplify procedures by limiting evidence recording and adjournments, with a maximum 2-year sentence. Session Court trial stages include opening prosecution cases, pre-trial hearings, framing charges, pleas, examination of prosecution and defense evidence, arguments, judgement, and sentencing. Both courts must complete trials within strict time limits - 180 days for Magistrate Court and 360 days for Session

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    Trail procedure in magistrate court & Session Court

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    Trial procedures in the Magistrate Court and Session Court are as follows: In the Magistrate Court, there are two forms of trial - regular trials and summary trials. Regular trials involve several stages including pre-trial hearings, framing of charges, pleas, examination of evidence, and sentencing if found guilty. Summary trials simplify procedures by limiting evidence recording and adjournments, with a maximum 2-year sentence. Session Court trial stages include opening prosecution cases, pre-trial hearings, framing charges, pleas, examination of prosecution and defense evidence, arguments, judgement, and sentencing. Both courts must complete trials within strict time limits - 180 days for Magistrate Court and 360 days for Session

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    83 views13 pages

    Trail Procedure in Magistrate Court & Session Court

    Uploaded by

    Lincoln Molla
    Trial procedures in the Magistrate Court and Session Court are as follows: In the Magistrate Court, there are two forms of trial - regular trials and summary trials. Regular trials involve several stages including pre-trial hearings, framing of charges, pleas, examination of evidence, and sentencing if found guilty. Summary trials simplify procedures by limiting evidence recording and adjournments, with a maximum 2-year sentence. Session Court trial stages include opening prosecution cases, pre-trial hearings, framing charges, pleas, examination of prosecution and defense evidence, arguments, judgement, and sentencing. Both courts must complete trials within strict time limits - 180 days for Magistrate Court and 360 days for Session

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 13

    Trial procedure

    in
    the Magistrate Court
    &
    Session Court
    Trial procedure
    in
    the Magistrate Court
    Trial in the magistrate court

    • Trial in the magistrate court takes two


    forms. Such as:
    a. regular trial
    b. summery trial
    Regular trial in Magistrate Court
    Regular trial stages in magistrate court
    Pre-trial hearing
    [Should the offender be charged?]
    [Section-241]

    Yes No
    [Section-241] Discharge before framing of charge
    [Section-241]

    Framing of charge
    [Section-242]

    Plea and conviction


    [If offender admits his guilty to the charge,
    the magistrate may convict him] [Section-243]

    If he does not admit


    [Section-244]

    Hearing & Taking Evidence


    [Section-244]

    Examination of the accused


    or
    Charged person may be asked for defence
    [Section-342]
    Sentence
    Or
    Acquittal transfer for sentence
    [If he is not guilty] [Section-245] [If he is guilty]
    [Section-349]

    Prison Fine Probation


    [Depends on law] [Depends on law] [Depends on law]
    Summery trial in Magistrate Court
    Summery trial in the magistrate court

    Key points of summery trial


    – Unlike in regular trials the court in summery trials has to simplify and shorten
    trial procedure by dispending with the recording of evidence
    – not allowing many adjournments.
    – Section 260 and 261 outlines cases which shall be tried summarily by
    magistrate.

    Limitation of summery trial


    There is a limit of imprisonment in summery trail and this is that a magistrate
    cannot impose a sentence exceeding two years.

    Procedure of summery trial


    • In summery trials the magistrate has to follow all the steps of a trail of
    offences
    • where no appeal lies the magistrate need not have to record the evidence of the
    witnesses or frame a formal charge (section 263).
    • where appeal lies, the magistrate has to record the substance of evidence (Still not the
    full evidence) (Section 264).
    Who can try?

    • The metropolitan magistrate


    • Any magistrate of the first class
    • Any bench of magistrates invested with the
    powers of a magistrate of the first class

    [Section 260]
    Example of summery trial

    • Theft, under section 379, 380 or 381 of the


    Penal Code, where the value of the
    property stolen does not exceed ten
    thousand taka.
    Trial in Session Court
    Trial Stages in session Court
    Opening of the prosecution case
    [Section-265(B)]

    Pre-trial hearing
    [Should the offender be charged?]
    [Section-265(C)]

    Yes No
    Discharge before framing of charge
    [Section-265(C)] [Section-265(C)]

    Framing of Charge
    [Section-265(D)]

    Plea and Conviction


    [If offender admits his guilty to the charge,
    the judge may convict him] [Section-265(E)]

    If he does not admit


    [Section-265(F)]

    Prosecution Evidence
    [Examination in chief, cross-examination & re-examination]
    [Section-265(F)(G)]

    Acquittal Defence Evidence


    [On the basis of prosecution evidence] [Examination in chief, cross-examination & re-examination]
    [Section-265(H)] [Section-265(I)]

    Arguments or Summing Up /
    Closing of the prosecution and defence
    [Section-265(J)]

    Judgement
    [Section-265(K) & 366]

    Acquittal Conviction
    [Section-265(K) & 366] [Section-265(K) & 366]

    Fine Prison Probation


    [depends on law] [depends on law] [depends on law]
    Time Limit of trial of criminal cases

    In Magistrate Court In Session Court


    Within 180 days from Within 360 days from
    the date on which the the date on which the
    case is received by him case is received by him
    for trial for trial
    [Section-339(C)] [Section-339(C)]
    Thank You

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