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TRIAL

BEFORE A
COURT OF
SESSIONS

WARRANT TRIABLE CASES IN THE


COURT OF A JUDICIAL
MAGISTRATE.

IN A POLICE CASE
(Chapter XVIII
Secs.225 to 237 of the
Cr.P.C.)
(Chapter XIX A.
Secs.238 to 243 of the
Cr.P.C.)

In Private
Complaint
cases

( Chapter XIX
B. Secs.244 to
247 of the
Cr.P.C.)

SUMMONS TRIABLE
CASES IN THE COURT
OF A JUDICIAL
MAGISTRATE (Chapter
xx).
On
submission of
Prosecution
Report (PR)
after
permission of
Magistrates
u/Sec.155(2)
Cr.P.C.

Private
complaint
case

After
perusing the
complaint if
there is
material, a
PLEA
u/Sec.251 of
the CrP.C. is
made
(Allegations
of the
offence read
over and
explained to
the accused)
No Charge
in writing is
framed
conviction
on plea of
guilt
u/Sec.252
Cr.P.C.

Opening of the case


by thePublic
Prosecutor andFrami
ng of Charge in
Writing by the
SessionsJudge is
done u/S.228 of the
Cr.P.C. if the evidence
discloses Sessions
triable case or the case
is sent back to the
CJM or accused
discharged if no
material of any
offence.

Framing up of a
Charge Sheet by the
Judicial
Magistrate after
perusing the Case Diary
(CD), OR discharge of
the accused if there be
no material U/Sec.240 of
the Cr.P.C. and
conviction of the
accused u/Sec.241 of the
Cr.P.C. if he pleads
guilty.

Evidence
before charge
is recorded by
the Magistrate
u/Sec.244 of
the Cr.P.C.

After perusing
the PR if there
is material, a
PLEA
u/Sec.251 of
the CrP.C. is
made
(Allegations
of the offence
read over and
explained to
the accused)
No Charge in
writing is
framed
followed by
conviction on
plea of guilt
u/Sec.252
Cr.P.C.

Evidence for the


Prosecution u/Sec.23
0 of the Cr.P.C.

Evidence for the


Prosecution
u/Sec.242 of the Cr.P.C.

Evidence
for the
Prosecution
i.e. the
Complainant
u/S.244 of the

Evidence of the prosecution


u/Sec.254(1) of the Cr.P.C. if
the accused does not plead
guilty to the allegation.

Cr.P.C. follow
ed by
(1) Framing up
of Charge if the
evidence before
charge reveals
commission of
any Crime.
(2)
Evidence after
framing of
charge
u/Sec.246 of
the Cr.P.C. (it
includes further
cross Exam. of
witnesses
already
examined
earlier Before
charge and
examination
and xEx. of
additional
witnesses, if
any.
COMMON TO ALL TYPES OF TRIAL: Examination of the accused u/Sec. 313 of the Cr.P.C. in
c.w. the evidence adduced against him by the Prosecution and his excuse or explaination regarding
the same is recorded.
Evidence if any in
defence by the
accused u/Sec.233 of
the Cr.P.C.

Evidence if any in
defence by the accused
u/Sec.243 of the Cr.P.C.

Evidence if any Evidence if any in defence


in defence by
by the accused
the accused
u/Sec.254(1) of the Cr.P.C.
u/Sec.247 of
the Cr.P.C.

Common: Hearing of arguments of both the sides and delivery of Judgement of acquittal or
conviction by the Court. In the event of conviction, the Judge shall examine before passing any
sentence, if the benefit of Sec.360 of the Cr.P.C.or The Probation of Offenders Act, 1958 can be
extended to the accused or not AND Examination of the convict accused on the question of sentence
if such benefit u/S.360 the Cr.P.C. or Probation of Offenders Act is not extended. The judge may
also examine the question of payment of compensation u/Sec.357 of the Cr.P.C. to the victims.

Preliminary stage after commission of crime: (i) Lodging of F.I.R.


(S.154) or complaint at the P.S. by the Complainant in cognizable
cases leading to investigation and filing of a Charge sheet resulting in filing
of Prosecution Report (PR) or Charge Sheet or (ii) The complainant
approaches the Court of a Chief Judicial Magistrate to lodge a Complaint.
On receipt of a Police Report, if the CJM finds materials of commission of
an Offence, he takes cognizance of the offenceand after supplying copies of
the evidence to the accused, Commits the case to a Sessions Court (If the
Offence is triable by a Sessions Court) and if the offence is triable by a
Magistrate, he either tries the case himself or sends it to a court of any other
Judicial Magistsrate for trial. A magistrate can also send a private
complaint u/Sec.156(3) of the Cr.P.C. to the Police for investigation directing
him to treat the same as an F.I.R.
In the case of private complaint, he examines the witnesses (All witnesses
if the complaint is regarding a Sessions Triable case and only a few witnesses
in other cases) u/Sec.200 Cr.P.C. and peruses the documents produced before
taking cognizance of the Offence). In case an offence triable by a Court of
Sessions, he Commits the case to a Court of Sessions for Trial and if the
offence is triable by a Court of Judicial Magistrate he after taking
cognizance, either tries the case himself or transfers the case to any other
Magistrate for trial.

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