TRIAL STAGE OF CRIMINAL CASES
Charge: Section 221 to 240, Cr.P.C
According to encyclopedia law dictionary ‘charge’ means an accusation made against a person in
respect of an offence alleged to have been committed by him.
How charge is to be framed: Sections 221 to 240
Framing of Charge.
Cases triable by Magistrate:
Charge is framed under section 242, Cr.P.C.
Charge should state:
o Offence committed by the accused and
o Specific name, section and sufficient description of the offence
o If no specific name has been given to it by law, there should be sufficient definition
of it.
After the charge is framed and read over to the accused in the language he understands, the
Magistrate shall record plea of accused in the words nearest possible as uttered by him.
Important Points:
Separate Charge for Separate Offence
Exception:
Section 234 - accused may be charged with and tried for three offence of same kind in last
twelve months together),
Section 235 - Where offences committed by the accused are connected together forming same
transaction
Section 236 - When it is difficult to determine exactly what offence out of various alleged
offences, the accused has committed and
Section 239 - Giving conditions where accused persons may be charged jointly.
Procedure when Accused Pleads Guilty:
i. Plea of guilt should be recorded in questions and answers form and
ii. In the exact words of the accused in order to find out what the accused exactly meant
by pleading guilty and
iii. In absence of that the Court cannot convict him on the basis of such plea.
iv. Notably, Obtaining of signature or thumb-impression on the plea of accused is not a
legal requirement but to be in safe zone, Magistrate should adopt such practice of
taking signature or thumb impression of the accused.
v. Court may proceed to record a conviction under Section 243 Cr.P.C.
Procedure when accused Pleads Not Guilty:
The hearing of the case commences and the trial begins (Sec.244, Cr.P.C.)
Procedure When Accused Remains Silent:
It may not be admission in proper sense. To remain silent is the right of accused.
As a precautionary measure, in such cases, the trial court should proceed to record
prosecution.
Procedure when accused Admits Guilt, Later:
Court has to proceed by hearing complainant and his evidence and afterwards accused
and his evidence in defence.
Confession will be recorded and accuesed shall be asked about incriminating
circumstance but such a confession shall not amount to a plea of guilty.
Withdrawal of Charge: Section 240, Cr.P.C.
Withdrawal shall have the effect of an acquittal on charge or charges
Law of Evidence:
Prosecution leads its evidence.
After prosecution evidence is finished, prosecution may close their side.
If accused leads his defence, such evidence shall be recorded (Sec. 340(2), Cr.P.C.).
Evidence Includes:
Statement of witnesses, parties and documents
Direct Evidence:
Statement of what a man has actually seen or heard.
Circumstantial Evidence:
A circumstantial evidence is that from which fact in issue to be inferred.
Circumstantial evidence is perhaps the best sort of evidence, based upon the rule, ‘men
may lie but circumstances will not.’
Oral Evidence (Article 70 & 71, QSO)
Oral evidence includes all matters which the Court permits or requires to be made before it by
witnesses in relation to matters of fact under inquiry.
Documentary Evidence (Art. 72, QSO)
Documentary evidence means all documents produced for the inspection of the Court.
Contents of documents may be proved either by primary or secondary evidence.
Documents may be either public (Article 85 of the Order) or private (Article 86)
Competency of Witness: Article 3 of the QSO
All persons shall be competent to testify unless;
(i) The Court considers that they are prevented from understanding the questions put to
them, or from giving rational answers to them,
(ii) They are of tender age,
(iii) They are of extreme old age,
(iv) They are afflicted with some disease, whether of body or of mind, or any other cause
of the same kind, or,
(v) Where a person has been convicted by a Court for perjury or giving false evidence,
unless the Court is satisfied that he has repented thereafter and has mended his ways.
Sequence of Evidence: Article 130 QSO
i. Prosecution evidence
ii. Examination of the accused
iii. Defence evidence
iv. Court witnesses can be called at any stage
Prosecution Evidence.
i. Examination in chief of witness
Must relate to relevant facts
ii. (if the defense party so desires) cross-examines the witness
Must relate to relevant facts need not be confined to the facts to which the
witness testified on his examination-in-chief
iii. (if the prosecution so desires) re-examines
Explanation of matters referred to in cross-examination and, if new matter is,
by permission of the Court, introduced in re-examination, the adverse party
may further cross-examine the matter.
Acquittal at Any Stage: Section 249-A Cr.P.C
Magistrate may acquit the accused at any stage if, after hearing the prosecutor and the accused,
he considers that the charge is groundless or that there is no probability of the accused being
convicted
Final Arguments / Closing Submissions:
After the accused has led his defence, final arguments from prosecution and the accused (himself
or through Advocate on his behalf) are called upon.
Decision / Judgment: (Sec. 245 Cr.P.C)
Either acquittal under section 245(i), Cr.P.C. or conviction under section 245(ii), Cr.P.C.
Acquittal:
If Accused is In Jail:
He may be released by a release writ, issued by the Court directing the jail superintendent to
execute the same.
If Accused is on Bail:
Bail bonds in the case shall stand cancelled and surety is to be discharged.
Conviction:
Sentence follows conviction.
Sentence should commensurate with the gravity of the offence and the manner in which the
offence has been committed.
Considerations in Awarding Sentence: Section 382-B, Cr.P.C
The period, if any, during which such accused was detained in custody for such an offence
Quantum of Punishment:
Sentence award should be offender-oriented and not offence-oriented
Difference between first-time offender and a habitual offender.
The elements to be considered for assessing the quantum of sentence are:
(a) The nature of the offence
(b) The circumstances in which it was committed
(c) The degree of deliberation shown by the offender
(d) The provocation which he received
(e)The antecedents of the prisoner up-to the time of sentence
(f) His age and character.
Judgment Writing:
In case of conviction
Separate sentence must be passed for each offence proved, by the court.
In case of acquittal
Judgment must show the offence of which the accused is acquitted.
The judgment should be written in language of court or in English.
Appeal:
Appeal Against Conviction:
Appeal lies to the Court of Sessions
Except when conviction is made under Section 124-A of the P.P.C in which case appeal shall lie
to High Court (Sec. 408, Cr.P.C).
Appeal Against Acquittal: (Sec. 417, Cr.P.C)
An appeal against lies with High Court.
