Trials: Sessions, Warrant, Summons, and Summary notes — Unit 4

The CrPC does not prescribe a 'one size fits all' trial. The severity of the crime dictates the complexity of the trial. The Code prescribes four distinct types of trials:

• 1. Trial before a Court of Session: For the most severe offences (Death, Life imprisonment). Highest level of scrutiny.
• 2. Trial of Warrant Cases by Magistrates: For offences punishable with > 2 years imprisonment.
• 3. Trial of Summons Cases by Magistrates: For offences punishable with <= 2 years imprisonment.
• 4. Summary Trials: A highly abridged procedure for petty offences (imprisonment < 6 months).

We will examine the step-by-step procedure of each.

A Court of Session cannot take cognizance of a case directly. The case must first be filed before a Magistrate, who then 'commits' (transfers) it to the Court of Session under Section 209.

⇒Step 1: Public Prosecutor Conducts Case

In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor (PP). A private lawyer cannot lead the prosecution.

⇒Step 2: Opening the Case

The PP opens his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt.

⇒Step 3: Discharge (Sec 227)

If, after considering the case records and hearing both sides, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record reasons.

⇒Step 4: Framing of Charge (Sec 228)

If the Judge thinks there is ground for presuming the accused committed the offence, the charge is framed in writing, read, and explained to the accused. The accused is asked whether they plead guilty or claim to be tried.

⇒Step 5: Evidence for Prosecution (Sec 231)

If the accused pleads not guilty, the Judge fixes a date for the examination of witnesses. The prosecution brings its witnesses (police, victim, forensics). The defence lawyer gets to cross-examine them.

⇒Step 6: Statement of Accused (Sec 313)

After prosecution evidence is over, the Judge personally questions the accused, without administering an oath, to give them an opportunity to explain any incriminating circumstances that appeared in the evidence. (e.g., "Your fingerprints were on the gun, what do you have to say?").

⇒Step 7: Acquittal (Sec 232)

If, after hearing the prosecution and examining the accused, the Judge considers that there is NO evidence that the accused committed the offence, the Judge shall record an order of acquittal right then.

⇒Step 8: Evidence for Defence (Sec 233)

If not acquitted, the accused is called upon to enter on his defence. The accused can produce witnesses and documents to prove their innocence. (The PP cross-examines them).

⇒Step 9: Arguments & Judgment (Sec 234-235)

Both sides make closing arguments. The Judge then gives a judgment of acquittal or conviction.

Hearing on Sentence: If convicted, the Judge must hold a separate hearing to hear the accused on the question of sentence before passing the sentence according to law.

Warrant cases involve imprisonment of more than 2 years. The procedure is slightly different depending on whether the case started via a Police Report (FIR) or a Private Complaint.

⇒A. Cases instituted on a Police Report (Sec 238-243)

The procedure is almost identical to a Session Trial:

• 1. Supply copies of police documents to accused.
• 2. Discharge if charge is groundless.
• 3. Frame Charge if grounds exist.
• 4. Prosecution evidence and cross-examination.
• 5. Statement of Accused (Sec 313).
• 6. Defence evidence.
• 7. Judgment.

If a private person files a complaint, there is no police investigation file. So, the Magistrate must gather evidence before framing the charge.

⇒B. Cases instituted otherwise than on Police Report (Sec 244-247)

• Step 1: Pre-charge Evidence: The Magistrate hears the complainant and takes all evidence produced in support of the prosecution.
• Step 2: Discharge: If upon taking this initial evidence, no case is made out which would warrant a conviction, the accused is discharged.
• Step 3: Framing Charge: If a case is made out, the charge is framed in writing.
• Step 4: Recall for Cross-examination: The accused is asked which of the complainant's witnesses they wish to cross-examine. Those witnesses are recalled.
• Step 5: Defence Evidence and Judgment.

(The main difference: In police cases, charge is framed based on police documents before witnesses are called. In complaint cases, complainant witnesses are examined first, then the charge is framed).

Summons cases involve offences punishable with imprisonment up to 2 years. The procedure is fast-tracked and simplified.

⇒No Formal Framing of Charge (Sec 251)

When the accused appears, the particulars of the offence are stated to him, and he is asked whether he pleads guilty. It is not necessary to frame a formal charge in writing.

⇒Conviction on Plea of Guilty (Sec 252 & 253)

If the accused pleads guilty, the Magistrate records the plea and may, in their discretion, convict him. For petty offences, the accused can even plead guilty via a messenger/pleader and send the fine amount by post without appearing in court.

⇒Procedure if Not Guilty (Sec 254)

The Magistrate proceeds to hear the prosecution, take all evidence, hear the accused, and take defence evidence. Then the Magistrate pronounces acquittal or conviction.

In Summons cases, the law allows for a quick end to the trial if the complainant loses interest.

⇒Non-appearance or Death of Complainant (Sec 256)

If the summons has been issued on a complaint, and on the day appointed for the appearance of the accused, the complainant does not appear, the Magistrate shall acquit the accused (unless the Magistrate thinks it proper to adjourn the hearing to another day).

⇒Withdrawal of Complaint (Sec 257)

If the complainant, at any time before a final order is passed, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint, the Magistrate may permit him to withdraw it and shall thereupon acquit the accused.

(Notice that in summons cases, if the case ends prematurely, it results in an 'acquittal', meaning the person cannot be tried again. In warrant cases, a premature end results in 'discharge').

The fastest form of trial, meant for extremely minor offences, to ensure courts are not bogged down by petty traffic tickets or minor thefts.

⇒Who can try summarily?

• Any Chief Judicial Magistrate (CJM).
• Any Metropolitan Magistrate (MM).
• Any Magistrate of the first class specially empowered by the High Court.

⇒What offences can be tried summarily?

• Offences not punishable with death, life imprisonment, or imprisonment exceeding 2 years.
• Theft (Sec 379), where the value of stolen property does not exceed ₹2000.
• Receiving stolen property, value < ₹2000.
• Insult with intent to provoke a breach of peace (Sec 504), Criminal intimidation (Sec 506).

⇒The Procedure (Sec 262)

The procedure followed is the same as in Summons Cases (no formal charge, fast recording of evidence).

⇒Limit on Sentencing

In a summary trial, a Magistrate CANNOT pass a sentence of imprisonment for a term exceeding 3 months. If the Magistrate feels a longer sentence is required, they must recall any witnesses who have been examined and proceed to re-hear the case as a regular summons/warrant case.

⇒The Record (Sec 263)

The Magistrate does not write long pages of testimony. They just enter particulars in a prescribed form: Serial number, date of commission, name of accused, the offence complained of, the plea of the accused, the finding, and a brief statement of the reasons (if convicted).

Introduced in 2005 to reduce the massive backlog of cases. It allows the accused to negotiate a lesser sentence in exchange for pleading guilty, saving the court the time of a full trial.

⇒Applicability

Plea bargaining is allowed ONLY for offences punishable with imprisonment up to 7 years.

It is STRICTLY PROHIBITED for:

• Offences against a woman.
• Offences against a child below 14 years of age.
• Offences affecting the socio-economic condition of the country (like food adulteration).

⇒The Procedure

The accused files an application. The court examines the accused in camera (privately) to ensure the application is voluntary. If voluntary, the court issues notice to the Public Prosecutor and the victim to work out a Mutually Satisfactory Disposition (MSD), which may include paying compensation to the victim.

⇒Summary of Master Concepts

• Session Trial: Only upon committal. PP must conduct. Discharge -> Charge -> Pros. Ev -> Accused Statement -> Def Ev -> Judgement.
• Warrant Trial: Different paths for Police Report vs Complaint. Complaint cases require evidence before framing charge.
• Summons Trial: No formal charge framing. Immediate plea. Complainant absence leads to Acquittal.
• Summary Trial: For offences < 2 years imprisonment. Max sentence that can be awarded is 3 months.
• Plea Bargaining: Available for offences < 7 years. Not available for crimes against women/children.

⇒University Exam Tips for this Unit (Premium Advice)

• Discharge vs Acquittal: Understand this difference deeply. Discharge happens before the trial fully begins (lack of prima facie grounds). Acquittal happens after trial/evidence (prosecution failed to prove guilt).
• Warrant Trial (Complaint Case): The procedure (Sec 244-247) is a favorite for examiners because it's slightly counter-intuitive (taking evidence before framing a charge).
• Summary Trial Limits: Always remember the two numbers: Applicable to crimes punishable up to 2 years, but the judge can only sentence up to 3 months.