INTRODUCTION
The Indian legal system one of the lengthiest and broader system in the world, since the time of Britisher’s period to 1973 and it call Criminal procedure Code (CRPC). where we introduced process of punishment where we defined which crimes suitable under which punishment according to its nature and intensity given in IPC 1860, and term “Trial” is important base from where fair and equitable justice were delivered through the time and it includes under some kinds where it measures based on the evidence proved by the subordinate courts and giving fair sentences until it ends to the judgements of the court either conviction or acquitted.
TRIAL
Trial is a process which has taken place when one committed an act and it injured the other party and the party has all the right to move court for either remedies or based on the degree of Act was committed, later it observed by the court how charged was framed and including punishment of offender under Criminal Procedure Code, 1872. Here this over all proceeding under judicial observation called “Trial”. There are some kinds of steps and right a accused must know like to know the accusation, evidence to be taken in the presence of accused, right to cross examine the prosecution of witness and to present evidence. A fair trial always give an equal opportunity to proving the evidence and arguments before the court of law in presence of both the parties.
BRANCHES OF TRIALS
When one committed an Act which is unlawful and crime then there is a step and type of proceeding of trial started, which are in such a nature if crime’s intensity and degree come under serious criminal offence such as murder, dacoity, kidnapping etc then it will be heard by directly to the session court under section of 225 of criminal procedure code, 1972. Later on, the if there are such cases which are not in degree of serious crime then it will handle by magistrate court which called summon and warrant trial, if crime or any wrongful act committed which is very silly in nature then court will take its summary trial to resolve the matter within very less time. Let’s know the grounds of these trial and their factual scenario with examples-
SESSION TRIAL
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
WARRANT TRIAL
Trial of warrant basically CRPC base provision where punishment of crime exceeds 2 years and crime in such a nature which is cognizable offence so police can arrest without warrant from court and serious such murder, dacoity or rape.
- Warrant cases instituted on a police report (sec 283-243)
Pre trial phase
Section 190(1)(b) talk about that the Magistrate may take cognizance of any offence upon a police report of such facts which actually committed. The police report must state facts which constitute the offence. Under the section 238 talk about that if police report instituted in magistrate office at the commencement of trial, then magistrate shall comply with section 207.
Here in this scenario where if any kind offence committed by any person and the injured or witness party filed a complaint in police office, they will have to file the FIR at first instance and the investigation will take under the police observation under section 173, if the circumstances satisfied the police personnel later on the chargesheet will be make and it will produce on the office of magistrate for the initial trial.
While the prosecution when the trial heard by the magistrate where under section 240(1) if the magistrates concludes that there are sufficient grounds for presuming that the accused has committed an offence, the magistrate shall frame in writing a charge against the accused and the magistrate came to an end the fact is whether the cases incident has background or groundless then the accused will be discharged at the court satisfaction which given by the accused statement and evidence.
- Warrant cases instituted otherwise than a police report (sec 244-247)
In warrant cases instituted on other than police report i.e., in case of a complain case, copies and record of the documents are not available to the court and to the accused person, which makes the preliminary hearing of the prosecution desirable. In such warrant cases the magistrate may, on application of the prosecution issue a summon to any of the places directing him to attend or to produce any document or other thing. This is provided in section 244.
SUUMMON TRIAL
Here summon this term in law means to produce the person with documents to answer the complaint actually made before him by the opposite party. This trial is not serious in nature like warrant trial and punishment of it not exceeding 2 years which is issued by the Magistrate to the accused under section 204(1) (a) of CrPC, 1973 and the procedure to deal with such matter provided in section 251 to 259, Here the procedure as same as other trial but the nature of it less formal for speedy remedy because of reducing time wastage. if the magistrate thinks that the attendance of the complainant is not necessary, he can proceed with the case. The magistrate has the authority to permit the complainant to withdraw his complaint on sufficient grounds and also thereby, acquitting the accused person. The accused will be discharged in any case of stoppage of proceedings
SUMMARY TRIAL
In the adversarial legal system, the parties are represented by their advocates before an impartial person, who attempts to determine the truth and pass judgment accordingly.
The word ‘trial’ has not been defined in the Code of Criminal Procedure, 1973 per se. According to the black law, a trial is defined as a judicial examination according to the law of the land, over a cause which could be either civil or criminal before a court that has jurisdiction.
A Trial is a procedure where the Court adjudicates after hearing the case from both sides. It gives a fair opportunity to examine, re-examine and cross-examine the witnesses produced in the court. The judge delivers a judgment on the basis of the merits of the case. It is essential that the trial is fair, prudent and without any undue influence.
In this type of trial, only the offences which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trial. To determine whether a case should be tried summarily, the facts stated in the complaint from the primary basis. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary. The trial gives a fair opportunity to people for procuring justice in less time.
CONCLUSION
In the whole court proceeding where the main motive of our judicial trial process is to be fair and equitable justice, where the role of trial based on the crime and its nature and it is main thing It is well known that the pendency of cases is extremely high in India and the judiciary is overburdened. Trials take years to complete which is a continuous and tedious process. Therefore, it has been divided into three categories according to the gravity of the offences. The theory of punishment and its moral value play a crucial role here because the way an incident taken place under the IPC and how it will be executed through the judicial process of trial, and speedy trial one of the important observable parts among all the trial mentioned under CRPC.
REFERENCES
- Code of Criminal procedure 1973
- R.V kelkar’s lecture on criminal procedure 7th edition by K.N. Chandrasekharan pillai.