This article has been written by- Mr. Loknath Saha, a 1st year LL. B student from Lloyd Law College.
INTRODUCTION
The introduction of the session trial under the Code of Criminal Procedure (CrPC) in 1973 brought about significant changes in the criminal justice system of India. The CrPC is a comprehensive legislation that lays down the procedure to be followed in criminal cases and governs the functioning of the courts handling such cases. One of the crucial aspects of the CrPC is the establishment of the sessions court and the implementation of session trials. Under the CrPC 1973, a session trial refers to the trial of serious criminal offenses that fall within the jurisdiction of the sessions court. The session court, also known as the district court when dealing with criminal matters, is established by the state government in each session division. It is presided over by a judge appointed by the respective High Court.
PROVISION OF SESSION TRIAL
Section 225 of the Code of Criminal Procedure (CrPC) 1973 deals with the parties involved in a trial before a court of session. According to this section, the prosecution is conducted by a public prosecutor appointed by the government. The accused person has the right to engage a counsel (lawyer) of their choice to defend them during the trial. If the accused cannot afford to hire a defence counsel, the court may provide legal assistance at the state’s expense. This ensures that the accused receives proper legal representation even if they cannot afford it themselves.
Section 226: The public prosecutor opens up the case by describing accusation against the accused person. He states briefly by what evidences, he proposes to prove the guilt act. The prosecutor duty is not to secure a conviction of convicted person but simply to lay the facts of the case in a manner before the tribunal, which is to be judge.
Section 227: Discharge – This section deals with the power of the court to discharge the accused if, after considering the evidence and hearing the arguments, the court finds that there are no sufficient grounds to proceed with the trial. In such cases, the accused is released, and the trial does not proceed further.
Section 228: Framing of Charge – This section pertains to the process of formally stating the specific offense(s) that the accused is being charged with. The court examines the evidence and arguments presented, and if it finds sufficient grounds, it formulates the charges against the accused.
Section 229: Conviction on Plea of Guilty – If the accused pleads guilty to the charges framed against them, this section allows the court to convict them based on their admission of guilt. The court may pass an appropriate sentence after considering the nature of the offense and other relevant factors.
Section 230: Date for Prosecution Evidence – Once the charges are framed, this section establishes a date for the prosecution to present its evidence in support of the charges. It provides a timeline for the proceedings to move forward and ensures that the prosecution has an opportunity to present its case.
Section 231: Evidence for Prosecution – This section relates to the stage where the prosecution presents its evidence in court to support the charges against the accused. The prosecution brings forth witnesses, documents, and other forms of evidence to establish the guilt of the accused.
Section 232: Acquittal – If, after considering the evidence presented by the prosecution, the court finds that the accused is not guilty or that there is insufficient evidence to establish their guilt, the court may acquit the accused. In such cases, the accused is released, and no further proceedings are conducted.
Section 233: Entering upon Defence – This section allows the accused to present their defence after the prosecution has presented its evidence. The accused may bring forth their witnesses, documents, or any other evidence in support of their defence during this stage of the trial.
Section 234: Arguments – After both the prosecution and the defence have presented their respective cases, this section allows both sides to present their arguments before the court. The prosecution and the defence get an opportunity to summarize their positions and present their legal reasoning to support their respective stands.
Section 235: Judgment of Acquittal or Conviction – Once the trial concludes, the court, after considering the evidence, arguments, and other relevant factors, delivers its judgment. The court may either acquit the accused if it finds them not guilty, or it may convict them if it finds them guilty based on the evidence and arguments presented during the trial.
Section 236: Previous Conviction – This section pertains to cases where the accused has a previous conviction. If the accused has been previously convicted of an offense, the court takes this into account while determining the sentence for the current offense.
Section 237: Procedure in Cases Instituted under Section 199(2) – This section deals with the procedure to be followed in cases where a complaint has been filed by a person authorized under Section 199(2) of the CrPC. It lays down specific rules and processes to be followed in such cases.
IMPORTANT RELEVANT CASE
In the case of Bachan Singh vs. State of Punjab (AIR 1980 SC 898), the court made an important ruling regarding the rights of an accused person during their sentencing. The court held that every accused person has the right to be heard before their sentence is pronounced, even if what they say may not be directly related to the case or have relevance to the charges against them. In simpler terms, this means that when a person is convicted of a crime and the court is considering the appropriate punishment or sentence, the accused has the right to speak up and express their thoughts, feelings, or any other information they believe is important for the court to consider. This right is provided to ensure that the accused is given an opportunity to make their voice heard and present any factors that they believe may be relevant to their sentencing. It is important to note that this right does not guarantee that what the accused says will directly impact the outcome of their sentence. The court retains the discretion to consider the relevant factors and make a decision based on the evidence and legal principles.
IMPORTANCE OF SESSION TRIAL PROCEEDING
The fundamental rights guaranteed by the Constitution are not just empty promises but are intended to be enforced effectively. In many cases, there have been delays or adjournments, but now the court has the power to dismiss a case or halt the proceedings in order to ensure justice is served. In the case of Katar Singh v. State of Punjab, it was established that the right to a speedy trial is an essential part of the fundamental right to life and liberty. In the case of Abdul Rahman Antulay v. R.S. Nayak, the court laid out certain guidelines and considerations for determining the need for a speedy trial and the dismissal of cases, taking into account the nature of each case.
In simpler terms, it can be concluded that the right to a speedy trial is a right held by the accused, and it applies to all stages of the legal process, including investigation, inquiry, trial, appeal, revision, and retrial. This means that the accused has the right to have their case resolved in a timely manner, without unnecessary delays, throughout the various stages of the legal proceedings. The courts have recognized the importance of this right and have established guidelines to ensure that justice is served promptly.
CONCLUSION
session trial can vary depending on the specific facts and circumstances of each case. The CrPC provides a framework for conducting fair and just trials, ensuring that the accused’s rights are protected and the principles of justice are upheld throughout the trial process. session trials are necessary in society as they provide a framework for addressing serious crimes, protecting public safety, safeguarding the rights of the accused, establishing truth and justice, and upholding the rule of law. They form a crucial part of the criminal justice system in maintaining social order, ensuring accountability, and providing a fair and just resolution to criminal cases.
REFERENCES
- Bachan Singh vs. State of Punjab (AIR 1980 SC 898)
- Katar Singh v. State of Punjab