The
Code of Criminal Procedure, 1973
CHAPTER XVIII
: TRIAL BEFORE A COURT OF SESSION
225. Trial to be conducted by Public Prosecutor
In every trial before a Court of Session, the prosecution shall be conducted
by a Public Prosecutor.
226. Opening case for prosecution
When the accused appears or is brought before the Court in pursuance
of a commitment of the case under section 209, the prosecutor shall open
his case by describing the charge brought against the accused and stating
by what evidence he proposes to prove the guilt of the accused.
227. Discharge
If, upon consideration of the record of the case and the documents submitted
therewith, and after hearing the submissions of the accused and the prosecution
in this behalf, the Judge considers that there is not sufficient ground
for proceeding against the accused, he shall discharge the accused and
record his reasons for so doing.
228. Framing of charge
(1) If, after such consideration and hearing as aforesaid, the Judge
is of opinion that there is ground for presuming that the accused has
committed an offence which-
(a) is not exclusively triable by the Court of Session, he may, frame
a charge against the accused and, by order, transfer the case for trial
to the Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate
shall try the offence in accordance with the procedure for the trial
of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing
a charge against the accused.
(2) Where the Judge frames any charge under clause (b) of sub-section
(1), the charge shall be read and explained to the accused and the accused
shall be asked whether he pleads guilty of the offence charged or claims
to be tried.
STATE AMENDMENTS
In Karnataka, w.e.f. 18th May, 1994
In clause (a) of sub-section
(1), for the words "to the Chief Judicial
Magistrate and hereupon the Chief Judicial Magistrate" the words "to
the Chief Judicial Magistrate or to any Judicial Magistrate competent
to try the case and thereupon the Chief Judicial Magistrate or such other
Judicial Magistrate to whom the case may have been transferred" shall
be substituted.
In West Bengal, w.e.f. 1st June, 1979
In clause (a) of sub-section
(1), for the words "to the Chief Judicial
Magistrate and thereupon the Chief Judicial Magistrate" the words "to
the Chief Judicial Magistrate or to any Judicial Magistrate competent
to try the case, and thereupon the Chief Judicial Magistrate or such
other Judicial Magistrate to whom the case may have been transferred" shall
be substituted.
229. Conviction on plea of guilty
If the accused pleads guilty, the Judge shall record the plea and may,
in his discretion, convict him thereon.
230. Date for prosecution evidence
If the accused refuses to plead, or does not plead, or claims to be
tried or is not convicted under section 229, the Judge shall fix a date
for the examination of witnesses, and may, on the application of the
prosecution, issue any process for compelling the attendance of any witness
or the production of any document or other thing.
231. Evidence for prosecution
(1) On the date so fixed, the Judge shall proceed to take all such
evidence as may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination
of any witness to be deferred until any other witness or witnesses have
been examined or recall any witness for further cross-examination.
232. Acquittal
If, after taking the evidence for the prosecution, examining the accused
and hearing the prosecution and the defence on the point, the Judge considers
that there is no evidence that the accused committed the offence, the
Judge shall record an order of acquittal.
233. Entering upon defence
(1) Where the accused is not acquitted under section 232, he shall
be called upon to enter on his defence and adduce any evidence he may
have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file
it with the record.
(3) If the accused applies for the issue of any process for compelling
the attendance of any witness or the production of any document or thing,
the Judge shall issue such process unless he considers, for reasons to
be recorded, that such application should be refused on the ground that
it is made for the purpose of vexation or delay or for defeating the
ends of justice.
234. Arguments
When the examination of the witnesses (if any) for the defence is complete,
the prosecutor shall sum up his case and the accused or his pleader shall
be entitled to reply:
Provided that where any point of law is raised by the accused or his
pleader, the prosecution may, with the permission of the Judge, make
his submissions with regard to such point of law.
235. Judgement of acquittal or conviction
(1) After hearing arguments and points of law (if any), the Judge shall
give a judgement in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds
in accordance with the provisions of section 360, hear the accused on
the question of sentence, and then pass sentence on him according to
law.
236. Previous conviction
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 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 :
Provided that no such charge shall be read out by the Judge nor shall
the accused be asked to plead thereto nor shall be previous conviction
be referred to by the prosecution or in any evidence adduced by it, unless
and until the accused has been convicted under section 229 or section
235.
237. Procedure in cases instituted under section 199(2)
(1) A Court of Session taking cognizance of an offence under sub-section
(2) of section 199 shall try the case in accordance with the procedure
for the trial of warrant-cases instituted otherwise than on a police
report before a Court of Magistrate :
Provided that the person against whom the offence is alleged to have
been committed shall, unless the Court of Session, for reasons to be
recorded, otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either
party thereto so desires or if the Court thinks fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any
of the accused and is of opinion that there was no reasonable cause for
making the accusation against them or any of them, it may, by its order
of discharge or acquittal, direct the person against whom the offence
was alleged to have been committed (other than the President, Vice-President
or the Governor of a State or the Administrator of a Union Territory)
to show cause why he should not pay compensation to such accused or to
each or any of such accused, when there are more than one.
(4) The Court shall record and consider any cause which may be shown
by the person so directed, and if it is satisfied that there was no reasonable
cause for making the accusation, it may, for reasons to be recorded,
make an order that compensation to such amount not exceeding one thousand
rupees, as it may determine, be paid by such person to the accused or
to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as
if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section
(4) shall, by reason of such order, be exempted from any civil or criminal
liability in respect of the complaint made under this section :
Provided that any amount paid to an accused person under this section
shall be taken into account in awarding compensation to such person in
any subsequent civil suit relating to the same matter.
(7) The person who has been ordered under sub-section (4) to pay compensation
may appeal from the order, in so far as it relates to the payment of
compensation, to the High Court.
(8) When an order for payment of compensation to an accused person
is made, the compensation shall not be paid to him before the period
allowed for the presentation of the appeal has elapsed, or, if an appeal
is presented, before the appeal has been decided.
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