A PROJECT ON

TRIAL UNDER A SESSIONS COURT

SUBMITTED TO:

Mr.Vinod Kumar

(ASSISTANT PROFESSOR)

Cr.P.C

SUBMITTED BY:

SHUBHAM BAJPAYEE

ROLL NO. , SEMSTER, V

DATE OF SUBMISSION- 10/09/2017

SCHOOL OF LAW

GURU GHASIDAS UNIVERSITY, BILASPUR (C.G)

 DECLARATION

I, SHUBHAM BAJPAYEE, ROLL NUMBER , B.COM.L.L.B Semester V of

Guru Ghasidas University do hereby that, this project is my original work and I
have not copied this project or any part thereof from any source without due
acknowledgement. I am highly indebted to the authors of the books and I have
referred in my project as well as all the writers of the articles and the owners of the
information taken from the websites for it. It is only because of their contribution
and proper guidance of my subject Professor Vinod Kumar sir that I was able to
gather light on the subject.

SHUBHAM BAJPAYEE

ROLL NO.

B.COM LLB Semester V

CERTIFICATE

I am glad to submit this project on"Trial under a sessions court”.In this project
firstly I have discussed the meaning and discretion of administrative discretion
.Then I have discussed the reason behind the need of administrative discretion
.Then I have discussed the controls over the administrative discretion.I have also
discussed about the provisions in then constitution regarding administrative
discretion .I hope this would be significant for academic purposes as well as prove
informative to all readers.

Here through I declare that this paper is an original piece of research and all the
borrowed texts and ideas have been duly acknowledged.

SHUBHAM BAJPAYEE Faculty Signature:

ROLL NO.

B.COM LLB 5’ th Semester

ACKNOWLEDGEMENT

I would like to express my earnest and deepest gratitude to, professor Vinod
Kumar, Faculty for Cr.P.C for giving me this opportunity to make project on this
valuable topic of "Trial under a session court”” . I am grateful for the assistance,
guidance, and support that were extended during the course of excellent research. I
am also thankful to the University administration for providing the resources
necessary for the research work. I thank my parents and friends for their moral
support and love throughout my research work and project preparation. Above all I
thank the God Almighty for blessing me with the health and vitality to complete
this project.

Shubham Bajpayee

ROLL NO.

B.COM LLB Semester V

INTRODUCTION

Offence shall be Depending on the gravity of the offences and the punishment prescribed
therefor, criminal trial under the Code of Criminal Procedure, 1973 (Cr.P.C for short) has been
classified into two viz., Magisterial trial and Sessions trial. The first schedule to the Cr.P.C. is
divided into two parts namely, Part I and Part II. Column I of the first part of the first schedule
enumerates the list of offences punishable under the Indian Penal Code and Column 6 thereof
indicates the court by which those offences are triable. Those courts are either the Magistrate’s
courts or the courts of Session. The second part of the first schedule deals with offences
punishable under other laws. In the absence of any specific provision under such other laws
regarding investigation, inquiry or trial, the procedure prescribed under the Cr.P.C. for the same
shall be applicable by virtue of Sec.4 (2) of Cr.P.C. If under the special law the offence is
punishable with imprisonment for life or imprisonment for more than 7 years, then by virtue of
the second part of the I schedule to Cr.P.C. the triable by a Court of Session.
THE OBJECT OF CRIMINAL TRIAL

Criminal trial is meant for doing justice not only to the victim but also to the accused and the
Society at large. 1Every criminal trial is a voyage of discovery in which truth is the quest. The
primary object of criminal trial is to ensure fair trial which is guaranteed under Art.21 of the
Constitution of India. A fair trial has, therefore, two objects in view. It must be fair to the
accused and must also be fair to the prosecution. The trial must be judged from this dual point of
view. 2It is, therefore, necessary to remember that a judge does not preside over a criminal trial
merely to see that no innocent man is punished. A judge also presides to see that a guilty man
does not escape. One is as important as the other. Both are public duties which the judge has to
perform. The object of criminal trial is thus to render public justice by punishing the criminal. It
is also important to remember that the trial should be concluded expeditiously before the
memory of the witnesses fades out. The recent trend is to delay the trial and threaten the
witnesses or to win over the witnesses by promise or inducement. These malpractices need to be
curbed and public justice can be ensured to the satisfaction of all concerned only when trial is
conducted expeditiously. 3The public interest demands that criminal justice is swift and sure, that
the guilty is punished while events are still fresh in the public mind and that the innocent is
absolved as early as is consistant with a fair and impartial trial. 4If unmerited acquittals become
the general rule, they tend to lead to a cynical disregard of the law. A miscarriage of justice may
arise from the acquittal of the guilty no less than from the conviction of the innocent. Vide
Gangadhar Behera V. State of Orissa- 2000 (3) Crl.L.J.41 SC and Shivaji Sahebrao Bobade v.
State of Maharashtra- AIR 1988 SC 1998. 3. In getting the true fruits of the real object of
criminal trial, it must always be kept in view that a criminal trial is not like a fairy tale wherein
one is free to give flight to one’s imagination and fantasy. It concerns itself with the question as
to whether the accused arraigned at the trial is guilty of the crime with which he is charged.
Crime is an event in real life and is the product of interplay of different human emotions. In
arriving at the conclusion about the guilt of the accused charged with the commission of a crime,
the court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the

1
Ambika Pd. V. State (Delhi Administration)-2000 SCC Crl.522).
2
T.H.Hussain V. M.P.Modkakar-AIR 1958 SC 376).
3
Krishnan V. Krishnaveni-1997 SCC Crl.544 = AIR 1997 SC 987).
4
(M.S.Sherif v. State of Madras- 1954 Crl.L.J.1019).
animus of the witnesses. Every case in the final analysis would have to depend upon its own
facts. 5. 4. The Apex court had taken judicial notice of certain distressing and unethical
tendencies in 6wherein it has been observed as follows: “It is the game of unscrupulous lawyers
to get adjournments for one excuse or the other till a witness is won over or is tired. Not only that
a witness is threatened; he is abducted; he is maimed; he is done away with; or even bribed.
There is no protection for him. In adjourning the matter without any valid cause a court
unwittingly becomes party to miscarriage of justice. A witness is then not treated with respect in
the Court. He is pushed out from the crowded courtroom by the peon. He waits for thewhole day
and then he finds that the matter is adjourned. He has no place to sit and no place even to have a
glass of water. And when he does appear in Court, he is subjected to unchecked and prolonged
examination and cross-examination and finds himself in a hapless situation. For all these reasons
and others a person abhors becoming a witness. It is the administration of justice that suffers.
The appropriate diet money for a witness is a far cry. Here again the process of harassment starts
and he decides not to get the diet money at all. High Courts have to be vigilant in these matters.
Proper diet money must be paid immediately to the witness (not only when he is examined but
for every adjourned hearing) and even sent to him and he should not be left to be harassed by the
subordinate staff. If the criminal justice system is to be put on a proper pedestal, the system
cannot be left in the hands of unscrupulous lawyers and the sluggish State machinery. Each trial
should be properly monitored. Time has come that all the courts, district courts, subordinate
courts are linked to the High Courtwith a computer and a proper check is made on the
adjournments and recordings”.

5
Vide State of Punjab v. Jagir Singh – AIR 1973 SC 2407
6
Swaran Singh v. State of Punjab- AIR 2000 SC 2017
 PROCEDURE OF TRIAL BEFORE A SESSION’S COURT

After Filing of the Complaint, the Court, either on the same date of filing or at any other date,
examine the Complainant and his witnesses, if any and wherever necessary, so as to arrive at a
conclusion whether any offence is made out against the persons accused of certain offences.

2. After examination of the Complainant, the Magistrate may order an Inquiry u/s 202, either by
himself or by directing any Police officer empowered in this behalf, to conduct inquiry and
submit report. The said Inquiry is mandatory only in cases where any of the accused resides
beyond the jurisdiction of the concerned Magistrates Court; and in other cases, it is the discretion
of the Magistrate to conduct / direct any Inquiry as the facts of the case necessitates.

3. After examination of the Complainant, and after Inquiry, if any, if the Magistrate comes to the
conclusion that either no offence is made out against the accused or there are no sufficient
material and evidences against the accused named, to proceed against them, he would dismiss the
complaint, and in every such case he would briefly record his reasons for so doing; or

4. After examination of the Complainant, and after Inquiry, if any, if the Magistrate comes to the
conclusion there are sufficient material and evidences against the accused named, which are
sufficient to proceed against them, and if the case appears to be (a) a summons-case, he shall
issue his summons for the attendance of the accused, or (b) if the case is Warrant case, he may
issue a warrant, or, if he thinks fit, a summons instead of warrant, for causing the accused to be
brought or to appear at a certain date before him. At the stage of taking cognizance and issuing
Summons or Warrant, the only consideration before the Court remains, to consider judiciously
whether the material on which the prosecution proposes to prosecute the accused brings out a
prima facie case or not.
5. The Summons / Warrants are executed through Police. The copy of the Complaint alongwith all
the documents relied upon by the Complainant must be furnished to the accused.

6. On the fixed next date of hearing, the Accused are obliged to appear in person. However,
whenever the Magistrate issues a summons, he may, if he sees reason so to do, dispense with the
personal attendance of the accused and permit him to appear by his pleader / advocate. But the
Magistrate inquiring into or trying the case may, in his discretion, at any stage of the
proceedings, direct the personal attendance of the accused, and, if necessary, enforce such
attendance.

7. Different trial procedures are prescribed for Summons cases and Warrant cases. Summons cases
are those cases where the offence charged with, carries a punishment of imprisonment upto two
years; and the offences which carry punishment of imprisonment above two years are all Warrant
cases. In complaints where both Summons and Warrant triable offences are involved, the said
complaint is treated as Warrant triable case. Further, different procedure is prescribed for
Warrant cases which are prosecuted on the basis of Police Report and Warrant cases which are
prosecuted by way of private complaint u/s 200 of CrPC, 1973.

Rules for the Institution of the Criminal Complaints before the Competent Magistrates Courts are
provided in Criminal Manual of each State. Criminal Manual contains the Rules prescribed by
every High Court in the exercise of their Powers under Article 227 and 235 of the Constitution of
India. The said Rules fill the gaps and vacuum in legislative provisions and are in furtherance of
the provisions contained in CrPC and in Indian Evidence Act, 1872.

1. Section 209: Commitment of case to Court of Session when offence is triable exclusively by
it: When in a case instituted on a police report or otherwise, the accused appears or is brought
before the Magistrate, and it appears to the Magistrate that the offence is triable exclusively by
 the Court of Session, he shall commit (transfer), the case to the Court of Session, subject to
compliance of sections 207 or 208, as may be applicable.

2. Sections 225 to 237 of CrPC, 1973 prescribe the procedure for trial before Sessions Court.

3. Opening of case by Prosecution: At the first hearing of the trial, the Public Prosecutor would
open the case by spelling out the charges against the accused persons, and would also spells out
the nature of evidence the prosecution has in support of the charges.[Sections 225 & 226].

4. Discharge of accused: The Sessions Judge would peruse the Record; hear the submissions of
Prosecution as well as of the accused; and thereafter would form an opinion as to whether there
are sufficient evidence and material before the Court to proceed against the accused; and if the
Judge holds the prima facie view that the accused has committed the offence, it would proceed to
frame charges; and in the event the Judge forms an opinion that there are no sufficient evidence
and material before the Court to proceed against the accused, it would discharge the accused and
would record reasons in support of its such view. The accused may also prefer a discharge
Application u/s 227 before the Court, primarily on the grounds that (a) there are no material or
evidences against the accused to proceed against him; or (b) that acts and omissions attributed
towards the accused does not constitute any offence.

5. Framing of charges: In case, if it appears to the Judge that the offence is not exclusively triable
by Court of Sessions, it would frame the charges and transfer the case to Chief Judicial
Magistrate or to Judicial Magistrate of the First Class and would direct the accused to appear
before that Court. In case, the case is to be exclusively triable by the Court of Sessions, the
charges so framed would be read out and explained to the accused person; and would call upon
the accused as whether he pleads guilty of the offence charged or claims to be tried. [Sections
227 & 228].
6. If the accused pleads guilty, the Judge would record his plea and may in its discretion convict
the accused. [Section229]

7. Evidence of Prosecution: In case the accused claims to be tried, the Judge would fix the date
for the examination of the witnesses of the Prosecution; and where the Prosecution makes any
Application for issuance of Summons for the attendance of any Witness, the Judge may issue
such Summons. [Section230]

8. On the date so fixed, the Judge would proceed to take all such evidence of all prosecution
witnesses. The Judge may defer the cross-examination of any witness until any other witness or
witnesses have been examined or recall any witness for further cross-examination.

Instructions for leading Oral and documentary evidence

9. Section 314: Oral arguments and memorandum of arguments: The Prosecution, after the
conclusion of their evidence, is entitled to offer oral arguments in respect of their whole case;
and may also submit a written arguments setting forth concisely and under distinct headings, the
arguments in support of their case and such written submission forms part of the record. No
adjournment of the proceedings shall be granted for the purpose of filing the written submissions
unless the Court, for reasons to be recorded in writing, considers it necessary to grant such
adjournment. The Court may, if it is of opinion that the oral arguments are not concise or
relevant, regulate such arguments. A copy of every such submission should be furnished to the
opposite party.

10. Examination of accused u/s 313: After taking evidence of all prosecution witnesses, by reason
of mandate of section 313 of CrPC, 1973, the Judge would bring to the notice of the accused, all
the evidence which has come against him and would call upon the accused as what he has to say
on those evidences. Such recording of statement of accused u/s 313 is not on oath. The accused
may also submit a written submission in this behalf. It is extremely important to bear in mind
that whilst examination of accused under this section, all the evidences led by the prosecution
must be brought to the knowledge of the accused. If any of the evidence was omitted to be
 brought to his knowledge, the said evidence cannot be relied upon by the Court whilst recording
his findings and passing order of conviction.

11. Acquittal of accused: The Judge then would hear the Prosecution as well as the accused; and
thereafter if the Judge comes to the conclusion that there are no evidence against the accused that
he has committed the offence, the Judge would acquit him. [Section 232]

12. Evidence of accused: If the Judge does not acquit the accused person u/s 232, then it would call
upon the accused person to state his defense, if he has any and if he so wishes. The accused may
also submit a written submission in this behalf, and such written submission is then filed in the
Record.

13. If the accused makes any Application for issuance of Summons for the attendance of any
Witness, or for the production of any document or thing, the Judge would issue such Summons,
unless the Judge is of the view that such Application is made for the purpose of vexation or to
delay the trial or to defeat the ends of justice. The Judge in such circumstances may refuse to
issue any such Summons and would record reasons for the same.

14. Oral arguments: After the examination and cross examination of defense witnesses, if there
were any, the Prosecution would summarize the whole case and the accused would also make his
submission in that behalf, and they may also submit written arguments setting forth concisely
and under distinct headings, the arguments in support of their case and such written submission
would forms part of the record. Where if any point of law is raised by the accused, the
Prosecution, with the permission of the Judge, may address the Judge on that point of law.
[Section 234, 314]. No adjournment of the proceedings shall be granted for the purpose of filing
the written arguments unless the Court, for reasons to be recorded in writing, considers it
necessary to grant such adjournment. The Court may, if it is of opinion that the oral arguments
are not concise or relevant, regulate such arguments. A copy of every such submission should be
furnished to the opposite party.

15. After hearing the arguments of Prosecution as well as of the accused, the Judge would pass a
Judgment of conviction or acquittal. [Section 235]
16. Section 235(2): Judgment of acquittal or conviction: If the accused is convicted, the Judge
would hear the accused on the question of sentence, and then pass sentence on him according to
law.

17. In cases involving previous conviction of the accused, Section 236: In a case where a previous
conviction is charged under the provisions of sub-section (7) of section 211, and the accused
does not admit that he has been previously convicted as alleged in the charge, the Judge may,
after he has convicted the said accused under section 229 or section 235, take evidence in respect
of the alleged previous conviction, and shall record a finding thereon.

17.Conviction [Section 235(2)] but having regard to provision of Section 360: Order to release
on probation of good conduct or after admonition:
(1) When any person not under twenty-one years of age is convicted of an offence punishable
with fine only or with imprisonment for a term of seven years or less, or when any person under
twenty-one years of age or any woman is convicted of an offence not punishable with death or
imprisonment for life, and no previous conviction is proved against the offender, if it appears to
the Court before which he is convicted, regard being had to the age, character or antecedents of
the offender, and to the circumstances in which the offence was committed, that it is expedient
that the offender should be released on probation of good conduct, the Court may, instead of
sentencing him at once to any punishment, direct that he be released on his entering into a bond,
with or without sureties, to appear and receive sentence when called upon during such period
(not exceeding three years) as the Court may direct and in the meantime to keep the peace and be
of good behaviour:

Provided that where any first offender is convicted by a Magistrate of the second class not
specially empowered by the High Court, and the Magistrate is of opinion that the powers
conferred by this section should be exercised, he shall record his opinion to that effect, and
submit the proceedings to a Magistrate of the first class forwarding the accused to or taking bail
for his appearance before, such Magistrate, who shall dispose of the case in the manner provided
by sub-section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section
(1), such Magistrate may thereupon pass such sentence or make such order as he might have
passed or made if the case had originally been heard by him, and, if he thinks further inquiry or
additional evidence on any point to be necessary, he may make such inquiry or take such
evidence himself or direct such inquiry or evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest
misappropriation, cheating or any offence under the Indian Penal Code, 1860 (45 of 1860)
punishable with not more than two years' imprisonment or any offence punishable with fine only
and no previous conviction is proved against him, the Court before which he is so convicted
may, if it thinks fit, having regard to the age, character, antecedents or physical or mental
condition of the offender and to the trivial nature of the offence or any extenuating circumstances
under which the offence was committed, instead of sentencing him to any punishment, release
him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court or
Court of Session when exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or
Court of Session may, on appeal when there is a right of appeal to such Court, or when
exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such
offender according to law:
Provided that the High Court or Court of Session shall not under this sub-section inflict a greater
punishment than might have been inflicted by the Court by which the offender was convicted.

(6) The provisions of sections 121, 124 and 373 shall, so far as may be apply in the case of
sureties offered in pursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1) shall be satisfied
that an offender or his surety (if any) has a fixed place of abode or regular occupation in the
place for which the Court acts or in which the offender is likely to live during the period named
for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with the
offender in respect of his original offence, is satisfied that the offender has failed to observe any
of the conditions of his recognizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the
Court issuing the warrant, and such Court may either remand him in custody until the case is
heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and
such Court may after hearing the case, pass sentence.

(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act,
1958 (20 of 1958), or the Children Act, 1960 (60 of 1960), or any other law for the time being in
force for the treatment, training or rehabilitation of youthful offenders.

18. Section 353: Judgment

(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced
in open Court by the presiding officer immediately after the termination of the trial or at some
subsequent time of which notice shall be given to the parties or their pleaders,
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by reading out the operative part of the judgment and explaining the substance of the
judgment in a language which is understood by the accused or his pleader.

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer
shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon
as it is made ready, and write on it the date of the delivery of the judgment in open Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of
sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open
Court, and if it is not written with his own hand, every page of the judgment shall be signed by
him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1),
the whole judgment or a copy thereof shall be immediately made available for the perusal of the
parties or their pleaders free of cost.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the
judgment pronounced, except where his personal attendance during the trial has been dispensed
with and the sentence is one of fine only or he is acquitted:

Provided that, where there are more accused than one, and one or more of them do not attend the
Court on the date on which the judgment is to be pronounced, the presiding officer may, in order
to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their
absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only
of the absence of any party or his pleader on the day or from the place notified for the delivery
thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any
of them, the notice of such day and place.

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of
section 465.

19. Section 354: Language and contents of judgment

(1) Except as otherwise expressly provided by this Code, every judgment referred to in section
353,
(a) shall be written in the language of the Court;
(b) shall contain the point or points for determination, the decision thereon and the reasons for
the decision;
(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code, 1860 (45
of 1860) or other law under which, the accused is convicted and the punishment to which he is
sentenced;
(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and
direct that he be set at liberty.

(2) When the conviction is under the Indian Penal Code, 1860 (45 of 1860) and it is doubtful
under which of two sections, or under which of two parts of the same section, of that Code the
offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with
imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons
for the sentence awarded, and in the case of sentence of death, the special reasons for such
sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or
more, but the Court imposes a sentence of imprisonment for a term of less than three months, it
shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment
till the rising of the Court or unless the case was tried summarily under the provisions of this
Code.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the
neck till he is dead.

(6) Every order under section 117 or sub-section (2) of section 138 and every final order made
under section 125, section 145 or section 147 shall contain the point or points for determination,
the decision thereon and the reasons for the decision.
BIBLIOGRAPHY

SITES REFERRED

1.http://thepracticeoflawjalan.blogspot.in/2012/04/crpc-trial-before-sessions-court.html

2.http://www.shareyouressays.com/118001/procedure-of-trial-before-a-court-of-sessions-under-
section-209-of-the-code-of-criminal-procedure

3.https://www.scribd.com/doc/61433888/Procedure-for-Trial-Before-Sessions-Court

BOOKS REFERRED

1.Lexis Nexis,C.K. Thakker ‘Takwani’,criminal procedure