A trial is like a quest for the truth.
Everyone involved tries to piece together what really
happened in the past, dealing with all sorts of challenges and conflicting information. The
trial is a way to find out “what had really happened,” recreating the event that occurred in the
past. It generally refers to the phase that starts after framing the charge and concludes with
either acquittal or conviction.
In simpler terms, a trial is a formal examination of evidence by a judge, usually with a jury,
to determine if someone is guilty in a civil or criminal case. The judge also needs to ensure
that the punishment is enough to discourage wrongdoing but not so harsh that it becomes
cruel. It should be fair and humane, striking a delicate balance to reform the offender for the
benefit of both the individual and society.
Types of Trial in CrPC
In the Indian legal system, trials for accused individuals are categorised based on the severity
of the offence. There are four types of trial in BNSS:
Session Trial
Warrant Trial
Summons Trial
Summary Trial
1. Session Trial
Conducted for serious offenses punishable by death, life imprisonment, or imprisonment for
more than seven years. These trials take place in the Court of Session.
2. Warrant Trial
Involves offenses punishable by death, life imprisonment, or imprisonment exceeding two
years. The trial can begin through a police report or a private complaint and is handled by a
Magistrate.
3. Summons Trial
Deals with minor offenses punishable by imprisonment of less than two years. These trials
are simpler and quicker, with no formal charge framing.
4. Summary Trial
Designed for the swift disposal of minor cases, focusing on efficiency. These trials follow a
simplified procedure suitable for minor offenses that do not require extensive examination.
Chapter XX: Trial Before a Court of Session
Section 248: Conducting Prosecution
In trials before a Court of Session, the prosecution must be conducted by a Public
Prosecutor. This ensures that the case against the accused is presented by a legal
representative of the state.
Section 249: Opening the Prosecution's Case
Once the accused is brought before the Court, the prosecutor opens the case by
describing the charges and the evidence intended to prove the accused's guilt.
Section 250: Application for Discharge
The accused can apply for discharge within 60 days from the committal date. If the
judge finds insufficient grounds to proceed, the accused is discharged, and reasons
must be recorded.
Section 251: Framing of Charges
The judge considers if there is enough evidence for presuming the accused's guilt:
o If the offense is not exclusively triable by the Court of Session, the judge may
transfer the case to a Chief Judicial Magistrate.
o If the offense is exclusively triable by the Court, charges are framed within 60
days from the first hearing.
Section 252: Plea of Guilty
If the accused pleads guilty, the judge records the plea and may convict at their
discretion.
Section 253: Plea of Not Guilty or Refusal to Plead
If the accused does not plead guilty or refuses to plead, the judge sets a date for
witness examination and may issue processes to compel witness attendance.
Section 254: Evidence for Prosecution
The judge records all prosecution evidence, which can be done via audio-video
means. Cross-examinations may be deferred, and witnesses can be recalled for further
examination.
Section 255: Acquittal
If there is no evidence of the accused committing the offense after prosecution
evidence is examined, the judge orders acquittal.
Section 256: Defense Evidence
The accused is called to present their defense and evidence. The judge issues
processes for witness attendance unless deemed for delay or vexation.
Section 257: Summing Up
The prosecution sums up the case, and the accused can reply. If legal points are
raised, the prosecution may respond with the judge's permission.
Section 258: Judgment
The judge delivers a judgment within 30 days (extendable to 60 days) after
arguments. If convicted, the accused is heard on sentencing before a sentence is
passed.
Section 259: Previous Convictions
If prior convictions are alleged and not admitted by the accused, the judge can take
evidence post-conviction to determine the validity of previous charges.
Section 260: Procedure for Offenses under Section 222
For offenses cognizable under Section 222, trials proceed like warrant-cases before a
Magistrate. Trials may be in-camera, and false accusers may be ordered to
compensate acquitted defendants.
Chapter XXI: Trial of Warrant-Cases by Magistrates
A. Cases Instituted on a Police Report
Section 261: Initial Proceedings
When an accused is brought before a Magistrate, the Magistrate ensures compliance
with Section 230.
Section 262: Application for Discharge
The accused can apply for discharge within 60 days of charge framing. If the
Magistrate finds the charge groundless, the accused is discharged with recorded
reasons.
Section 263: Framing of Charges
If there is sufficient evidence, the Magistrate frames charges within 60 days of the
first hearing. Charges are read to the accused, who pleads guilty or not guilty.
Section 264: Guilty Plea
A guilty plea is recorded, and the Magistrate may convict at their discretion.
Section 265: Trial Process
If the accused does not plead guilty, the Magistrate sets a date for prosecution
evidence, supplies the accused with witness statements, and may issue summons for
witnesses.
Section 266: Defense Evidence
The accused presents their defense. The Magistrate issues processes for witness
attendance unless the request is deemed for delay or vexation.
B. Cases Instituted Otherwise than on Police Report
Section 267: Prosecution Evidence
The Magistrate hears the prosecution and takes evidence. Summons can be issued for
witnesses or documents.
Section 268: Discharge of the Accused
If the evidence does not support a conviction, the Magistrate discharges the accused,
with reasons recorded.
Section 269: Framing of Charges and Trial
If there is sufficient evidence, charges are framed. The accused can plead guilty or
present a defense. If not guilty, the accused states if they wish to cross-examine
witnesses, who are then recalled.
Section 270: Defense Evidence
The accused presents their defense, similar to procedures in Section 266.
C. Conclusion of Trial
Section 271: Verdict
The Magistrate records an acquittal if the accused is not guilty. If guilty, a sentence is
passed after hearing the accused on sentencing.
Section 272: Absence of Complainant
In complainant-initiated cases, if the complainant is absent, the Magistrate may
discharge the accused before charge framing if the offense is compoundable or non-
cognizable.
Section 273: Compensation for False Accusations
If an accusation is found groundless, the Magistrate can order the complainant to
compensate the accused. An appeal process is available, and compensation must await
appeal outcomes.
Chapter XXII: Trial of Summons-Cases by Magistrates
Section 274: Substance of Accusation
In summons-cases, the accused is informed of the charges and can plead guilty or
present a defense. Formal charge framing is unnecessary.
Section 275: Guilty Plea
A guilty plea is recorded, and the Magistrate may convict at their discretion.
Section 276: Plea by Post
The accused can plead guilty and pay fines via post, and the Magistrate may convict
in their absence.
Section 277: Trial Proceedings
The Magistrate hears prosecution and defense evidence, issuing summons as needed.
Witness expenses may need to be deposited.
Section 278: Acquittal or Conviction
Based on evidence, the Magistrate acquits if not guilty. If guilty, further proceedings
determine the sentence, adhering to procedural requirements.
These sections outline the structured approach to trials, ensuring fairness, due process, and
legal clarity in handling criminal cases.
