It’s important to note that a Court of Session cannot take cognizance of an offence on its own. A competent Magistrate must first take cognizance of the offense and then commit the case for trial by a Court of Session.
Section 225 To 237 deals with Trial by Court of Session. The trial before a Court of Session follows a specific procedure, which can be summarized as follows:
Trial to be conducted by Public Prosecutor (Section 225): In a trial before a Court of Session, the prosecution is conducted by a public prosecutor. The accused has the right to engage their own defence counsel. If the accused cannot afford legal representation, the court provides one at the state’s expense. Before the trial begins, the accused is supplied with copies of essential documents, such as the police report and the First Information Report (FIR).
Opening the Case (Section 226): The public prosecutor initiates the trial by presenting the accusation against the accused. Prosecutor provides a brief outline of the evidence they intend to use to establish the accused’s guilt. The prosecutor’s duty is not to secure a conviction but to present the facts to the court for judgment.
Discharge of the Accused (Section 227): After hearing both sides, if the court finds insufficient grounds to proceed against the accused, it can discharge the accused. The court should record the reasons for doing so. This stage does not involve the examination of witnesses. It allows both parties to present their arguments in favor of framing charges or discharging the accused.
Framing of Charge (Section 228): If the court believes that the accused may have committed the offences and if they are exclusively triable by the Court of Session, the court frames the charges in writing. If the offences are not exclusively triable by the Sessions Court, the charges are framed. But the case is transferred to the Chief Judicial Magistrate or Judicial Magistrate first class. The magistrate shall try the case in the similar manner to that of trial of warrant cases instituted on police report.
Explaining the Charge and Plea (Section 228(2)): The contents of the charge must be explained to the accused to enable them to plead guilty or claim to be tried.
Conviction on Plea of Guilty (Section 229): If the accused pleads guilty, the judge may convict the accused at their discretion. However, for offences that carry the punishment of death or life imprisonment, the court is generally reluctant to convict based solely on a guilty plea.
Date for Prosecution Evidence (Section 230): If the accused refuses to plead guilty or claim to be tried, the court fixes a date for the examination of witnesses or may order the compulsory appearance of witnesses or the production of documents.
Evidence for Prosecution (Section 231): This stage involves presenting evidence in support of the prosecution. The judge may permit the cross-examination of witnesses to be deferred until other witnesses have been examined or may allow the recall of witnesses for further cross-examination.
Arguments of the Prosecution (Section 314(2)): After the prosecution presents its evidence, the prosecutor submits a memorandum of their oral arguments. A copy is provided to the defense.
Examination of the Accused (Section 313(2): The accused is examined without taking an oath. This examination offers the accused an opportunity to explain the circumstances alleged against them by the prosecution.
Acquittal (Section 232): If, after hearing both parties, the court finds that the accused has not committed the offense, it records an order of acquittal.
Entering upon Defence (Section 233): If the accused is not acquitted, they are called upon to enter their defence. The court may summon or examine any person as a court witness at any stage.
Arguments (Section 234): After recording the defense, the prosecutor summarizes the case, and the accused or their pleader has the opportunity to reply. The prosecutor may be allowed to make submissions in case any legal points are raised by the defense.
Judgment of Acquittal or Conviction (Section 235): After hearing arguments from both sides, the court delivers a judgment of either acquittal or conviction. In this regard, it’s important to note that the judge should first pass a sentence of conviction or acquittal. If the accused is convicted, they have the right to be heard regarding the question of the sentence. The Court then proceeds to pass a sentence against the convicted person.
Previous Conviction (Section 236): If a previous conviction is charged under the provisions of sub-section (7) of Section 211, and the accused does not admit that they have been previously convicted as alleged in the charge, the judge may take evidence regarding the alleged previous conviction. However, the charge shall not be read out to the accused, nor shall the accused be asked to plead to it unless and until the accused has been convicted under Section 229 or Section 235.
Procedure in Cases Instituted under Section 199(2) (Section 237) : A Court of Session taking cognizance of an offense under sub-section (2) of Section 199 shall try the case following the procedure for the trial of warrant cases instituted other than on a police report before a court of a magistrate.
Every trial under this section shall be held in camera if either party desires it, or if the court deems it fit to do so. If, in any such case, the court discharges or acquits all or any of the accused and is of the opinion that there was no reasonable cause for making the accusation, it may order discharge or acquittal.
The court may direct the person against whom the offense was alleged to have been committed to show cause why they should not pay compensation to the accused.
The court records and considers any cause shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may order compensation to be paid by that person to the accused.
Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a magistrate.
No person directed to pay compensation under sub-section (4) shall be exempted from any civil or criminal liability in respect of the complaint made under this section.
The person ordered to pay compensation under sub-section (4) may appeal to the High Court. When an order for payment of compensation to an accused person is made, the compensation shall not be paid to them before the period allowed for the presentation of the appeal has elapsed, or if an appeal is presented, before the appeal has been decided.
Ram Prasad v. State Of U.P In this case, the focus is on the examination of witnesses and the presentation of evidence during a session trial. The case highlights the importance of ensuring that the prosecution conducts a fair and complete examination of witnesses. If the prosecution fails to do so for reasons that are not justifiable or proper, the court may draw an adverse inference. In other words, the court can view such omissions as detrimental to the prosecution’s case. This case underscores the need for a thorough and credible presentation of evidence during the trial.
Bachchan Singh v. State of Punjab is a landmark case related to sentencing in session trials. It introduced the concept of a “bifurcated trial” in India. A bifurcated trial involves two distinct phases: the guilt phase and the sentencing phase. During the guilt phase, the court determines whether the accused is guilty or not. If found guilty, the sentencing phase allows for a pre-sentence hearing, where factors such as the nature of the crime and the character of the accused are considered. This case emphasized that the accused has a right to a pre-sentence hearing, which may impact the choice of the sentence. It is particularly relevant in cases where the punishment could be severe. These case laws are important because they establish legal principles and precedents that guide the conduct of session trials in India. They safeguard the rights of the accused and ensure a fair and just trial process.
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