Important Cr.P.C Sections In Trial Court

Important Cr.P.C Sections In Trial Court

The Code of Criminal Procedure 1973 (Cr.P.C) is a procedural law which provides a mechanism in which way the criminal trial to be conducted. It gives the administration of criminal law. The primary object of the criminal justice system is to ensure that the trial is to be fair. The accused can prove their innocents through this trial and the guilty person should not be escaped from the punishment. The trial began after framing the charge and end with the judge’s declaration. The trial classified into two schedules the offenses classified under I.P.C. and the offenses classified other than I.P.C. The nature of the trial depends on the seriousness of the offense.

Sessions Trial Procedure

Police case­225 to 237 Cr.P.C

Chapter XVIII of Cr.P.C  starting with sec.225 and ending with sec.237 deals with the manners on which the trial to occur before a court Session. A prosecution should be conducted by a public prosecutor before a court session. When accused come before the court the public prosecutor should open the case by describing the charge brought against the accused and the evidence that proves his guilt. After considering the evidence from the prosecutor and the accused the session court make a decision. If the documents produced by the prosecutor have no grounds for proceeding against the accused, session court shall discharge the accused. If the judge found the documents proves the accused guilty, then he makes decision about the charge and he will write it. At this stage, the judge will only consider the prosecution’s document and he will not consider any documents from the accused.

Complaint case: S.190 to 210 of Cr.P.C.

Chapter XIV of Cr.P.C deals with the provisions to handle the complaint cases. Section 190 to 204 deals with the evidence of cases and section 190(1) says that the Magistrate can take evidence of offense upon a complaint, upon a police report or upon his own knowledge or report from another person.

Chapter XV of Cr.P.C says about the procedure to follow by the Magistrate when a complaint is made to him. The Magistrate can enquire the evidence by himself or with the help of the police. After the investigation, the court will examine the documents and if it found wrong then the accused will be dismissed and if it found true then the Magistrate will issue the summons.

The other Important Cr.P.C sections in trial court are

317 Crpc – Petition filied for absence of accused

207 Crpc – For copies

311 Crpc – To recall witness at any stage after trial

91 Crpc – To produce documents

205 Crpc – Apperence dispence of accused

239 Crpc – Discharge of accused

257 Crpc – withdrawal of complaint

301 Crpc – To assisting the prosecution

302 Crpc – Private prosecution

156(3) Crpc – Direction to register a case

173(5)(8) Crpc – Additional documents to be filed after filing a charge sheet

167(2) Crpc Bail in mandatory provision in Sessions case -90days Below 3 years punishment cases – 60
days

437 Crpc Lower court bail

438 Crpc sessions bail / Anticipatory bail

439 Crpc High court bail