Briefly describe the procedure prescribed for trial before the Court of Session.

Question: Briefly describe the procedure prescribed for trial before the Court of Session. [MP (J) 1998, Bihar (J) 1986/1987]

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Answer

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 under section 199 of CrPC. In rest other, a competent magistrate takes cognizance and commits the case to the court for trial.

Chapter XVIII, Section 225-237 of the Code of Criminal Procedure, 1973 substantially deals with the procedure for trial before a Sessions Court.

Initial Stage of trial

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

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

If after this, the judge considers that there is no case against the accused by the prosecution, he will discharge the accused vide Section 227 of CrPC (this clause merely ensures that a person is not harassed with a prolonged, unnecessary trial) giving reasons (to aid the superior court in case of appeal in determining the correctness and sufficiency of reasons for acquittal).

The second stage of the trial

Under Section 229, an accused can plead guilty of an offence 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 a plea. If a conviction is done, then any right of appeal against such conviction stands curtailed. For conviction on the basis of such a plea, it is held by the Hon’ble Supreme Court to be essential that the accused be confronted with the substance of allegations against him.

If no such pleading or conviction under Section 229 is made/done, the court vides Section230 shall fix a date for the examination of witnesses or may compel the attendance of any witness or production of any documents the prosecution may need.

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

Third Stage of Trial

Under Section 232, the court may acquit the accused if no evidence/legal proof indicating his involvement in the said offence appears or is presented.

If no acquittal, then under Section 233, the accused presents his case, may in writing or otherwise, and can produce evidence, and witnesses 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. Section 315 considers an accused to be a competent witness as well.

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

After conviction, under Section 235, the accused shall be heard with regard to the sentence, etc.(as given from Sec. 353-365) and then will be sentenced unless Section 360 of CrPC applies. This gives the accused a right to a pre-sentence hearing which will at the most have a bearing on the choice of the sentence but has to be followed in letter and spirit otherwise it is a violation of natural justice.

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

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

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