The criminal procedure, 1973 makes available for various kinds of criminal trials for a number of different criminal cases. If at the criminal cases are serious, then the trails are ought to be more elaborate and on the other hand, if the cases are not of much gravity then the trails are simple and not so elaborate. The case is further classified into being a warrant case or summon case depending upon the offences. A warrant case can be denoted as to any case that relates to one of the punishable offence with the death penalty, life imprisonment or imprisonment for a period of more than 2 years. A summon case can be designated to any case that relates to the offence which is not a warrant case. It includes all the offence when the maximum punishment is not more than 2 years. Legal firms in India can be of great help to the defence and prosecution to come to a conclusion by offering qualified and professional lawyers who have profound knowledge.
Types of trials in the criminal procedure:
Check out various Criminal Procedure Code as per the guidelines of 1973:
- A trial before a Sessions Court (Sessions Trial)
A trial is said to be session trail if the case is triable at the sessions court. The trial is put forward by the prosecution who tries to prove that the accused is guilt by submitting various kinds of pieces of evidence before the court. The cases are presided over by a judge who is appointed by the higher court. The judgements regarding the cases are declared immediately after hearing the arguments from both the parties. The name of the trial ‘Sessions Trial’ signifies that the cases would be disposed off expeditiously. However, the judgement of the sessions court can be challenged in a higher court and this breach in the judicial system has given rise to repeated adjournments, backlogs of cases, and loopholes in the case papers. The judicial system bestows the power of imposing full range of penalties on the accused of criminal acts and even the death penalty if the acts are heinous.
- Trial of Warrant cases by Magistrates (Warrant Trial)
The cases that include a severe heinous crime are dealt with by filling of an FIR in the concerned police station or before the Magistrate. The cases are mainly based on the police report or other than the police report. The process of warrant trial in a court is as follows:
- Compliance with Section 207
- When accused shall be discharged
- Framing of charge
- Conviction on a plea of guilty
- Evidence for Prosecution
- Evidence for Defence Side
- Evidence for Prosecution
- When accused shall be discharged
- Again Evidence for Defence
- Acquittal or conviction
- Absence of Complaint
- Compensation for accusation without reasonable cause
- Trial of Summons cases by Magistrates (Summons Trial)
The summons trials are one of the courses of law proceedings in which the punishment is not more than two years. In these type of trails, there is no framing of any charges rather the court issues a summons. As soon as the accused appears to act on the summon, the court can give him notice. When the accused is made to appear in front of the court, he is given an ample amount of chance to plead guilty or else make a defence. If at the accused person, pleads guilty, then the concerned magistrate records the plea in the same words uttered by the accused and by the help of his discretion convict the accused. If the accused is found not guilty then the magistrate shall put forward a sentence as per the CrPC.
- Summary of Trials
Summary trials are basically trial which is carried out to deal with a certain case speedily to save time. As per the judiciary guidelines, the procedure of the summons cases is to be followed in a similar fashion as that of summary trial. The summary trials deal with cases and acts that are related to some petty offences and the course of the trail is not elaborate. If one of the party is not happy with the judgement then they can make an appeal to the higher court for a better judgement and elaborate course of law.
Hopefully, this article would have been informative and must have thrown light on all the areas concerning the types of trails in the criminal procedure code, 1973. You can get in touch with some of the renowned legal firms to help you with understanding the course of the law and suggested you the best possible way to get out of this compliance. With qualified and experienced lawyers, these law firms can be of great help to anyone who has fallen into compliance.