Module 9

TRIAL
Course Faculty
Prof. Ashiv Choudhary
Asst. Professor
Trial
Trial
 Trial
• Basics of double jeopardy and other elements of fair trial
• Trials before sessions court, and magistrates
• Summary trial
• Statements of accused during trial and the right against self-incrimination
• Summoning of additional accused
• Trial court’s authority to summon independent witness and recall witnesses
•
• Relevant statutory provisions
• 1. Constitution – Art 20(2)
2. CrPC – Ss 229 – 235, 238 – 249, 251 – 257, 260 – 264, 300, 309, 311, 313, 315, 319
3. BNSS – Ss 254’s proviso, 262(1), 263(1), 269(7), 272, proviso to 274, 283(1) and (2), 316(4)’s proviso, 346(2), 398 (witness protection scheme),
530

Mandatory readings
1. Nar Singh v. State of Haryana (2015) 1 SCC 496
2. Hardeep Singh v. State of Punjab (2014) 3 SCC 92
3. Sukhpal Singh Khaira v. State of Punjab (2022) 10 SCR 156
 Trial

• Meaning
• A judicial proceeding in which the court examines the evidence and decides whether the accused is
guilty or not.
• Trial commonly starts after charges are framed and ends with conviction or acquittal.
 Types of Trial
Sessions Trial or Trial by Court of Session (225-237)
Offence - Imprisonment exceeding 7 years or Life imprisonment or Death.
Court - Sessions court after being committed or forwarded to the court by a magistrate.
Warrant Trial or Trial of Warrant cases (238-250)
Offence - Imprisonment exceeding two years or imprisonment for life, death penalty.
Court – Magistrate
Summons Trial or Trial of Summons cases (251-259)
Offence – Imprisonment of less than 2 years
Court – Magistrate
It is not necessary to frame charges.
Summary Trials (260-265)
Offence - Only small cases are taken up and complex cases are reserved for summons and warrant trials.
Court – Magistrate (Could include JM2C)
Cases are disposed of rapidly and a simple procedure is followed and recording of such trials are done summarily.
Session Trial Warrant Trial Summons Trial
(225-237) (238-250) (251-259)

1) Police Report (238-243) Summary Trial

2) Other Than Police Report
(244-247) (260-265)

Conclusion of Trial (248-250)

 Chapter 18 – Trial Before A Court Of Session

Pre Evidence Stage

Section 225 – Trial to be conducted by Public Prosecutor
Section 226 – Opening case for Prosecution
Section 227 – Discharge
Section 228 – Framing of Charge
Section 229 – Conviction on Plea of Guilty
Section 230 – Date for Prosecution Evidence
Evidence Stage
Section 231 – Evidence for prosecution
Section 232 – Acquittal
Section 233 – Entering upon Defence
Post Evidence Stage
Section 234 – Arguments
Section 235 – Judgment of Acquittal or Conviction
Section 236 – Previous Conviction
Section 237 – Procedure in cases instituted under section 199(2)
 Chapter 18 – Trial Before A Court Of Session

Pre Evidence Stage

Section 225 – Trial to be conducted by Public Prosecutor
Section 226 – Opening case for Prosecution
• Prosecutor describes the charges and state the proposed evidence
Section 227 – Discharge
• Court considers case records, documents submitted and counsels submissions to decide whether there is
sufficient ground for proceeding against accused. And reasons for discharge.
Section 228 – Framing of Charge
• If triable by this court, then frame charge and explain it to accused clearly.
• If not triable by Session then forwarding the case to JM or JM1 warrant trial instituted on police report
Section 229 – Conviction on Plea of Guilty
• Record accused’s plea of guilty and may convict
Section 230 – Date for Prosecution Evidence
• On application by prosecution for witness and any other thing.
 227 Crpc - Discharge.

If, upon consideration of the record of the case and the documents submitted therewith,
and after hearing the submissions of the accused and the prosecution in this behalf, the
Judge considers that there is not sufficient ground for proceeding against the accused, he
shall discharge the accused and record his reasons for so doing.

250 BNSS – Discharge

• (1) The accused may prefer an application for discharge within a period of sixty days
from the date of commitment of the case under section 232.
• (2) If, upon consideration of the record of the case and the documents submitted
therewith, and after hearing the submissions of the accused and the prosecution in
this behalf, the Judge considers that there is not sufficient ground for proceeding
against the accused, he shall discharge the accused and record his reasons for so
doing.
UoI v. Prafulla K Samal (1979) 3 SCC 4

Issue
 UoI v. Prafulla K Samal (1979) 3 SCC 4

Facts
• All India Radio Authorities in the year of 1969 were interested in buying the piece of land. It
was alleged by them that the respondent no. 1 (PK Samal) and respondent no. 2 (land
acquisition officer) have come into the conspiracy of showing that he is the undisputed
owner of the land and taking a huge compensation of the land which was actually a
government’s land and respondent no. 2 has helped him.

• Respondent 1 was a high officer of the govt. and a lessee of the govt and he never concealed
to concerned authority about the fact that the land belonged to govt when he wrote a letter
to them to fix proper valuation.

• Chargesheet was presented to Special Judge who discharged the same u/s 227 saying there
was no sufficient ground for framing charge.
 UoI v. Prafulla K Samal (1979) 3 SCC 4

Held
• The following points are given regarding when charges can be framed:
• “( 1) That the Judge while considering the question of framing the charges under Section 227 of the Code has the
undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie
case against the accused has been made out.
• ( 2) Where the materials placed before the Court disclose grave suspicion against the accused which has not been
properly explained the Court will be fully justified in framing a charge and proceeding with the trial.
• (3) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to
lay down a rule of universal application. By and large however if two views are equally possible and the Judge is
satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against
the accused, he will be fully within his right to discharge the accused.
 UoI v. Prafulla K Samal (1979) 3 SCC 4

Held
• The following points are given regarding when charges can be framed:
• ( 4) That in exercising his jurisdiction under Section 227 of the Code the Judge which under the present Code is a
senior and experienced court cannot act merely as a Post Office or a mouthpiece of the prosecution, but has
to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before
the Court, any basic infirmities appearing in the case and so on. This however does not mean that the Judge should
make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was conducting a trial.”
• The SC agreed with the view of the High Court that there was no sufficient ground for framing the charge.
State of Orissa
v. Debendra Nath Padhi (2005) 1 SCC 568

Facts
• There were allegations against accused no. 1 (Bank
Manager) that he had favored the Accused no. 4
company i.e. M/s Ratan Exports CC dishonestly by giving
it undue pecuniary advantage by committing various
irregularities and also not conforming to the conditions
stipulated by the board of directors while sanctioning the
enhanced credit limit of the company.
• It was alleged that accused no.1 accept a misleading
certificate from accused no.4 deliberately and dishonestly
whereas statement u/s 161 by previous branch managers
states that accused no 1 joined the bank 9 months after
the certificate submission.
• The trial court rejected the application for discharge and
framed charges against accused. HC discharged. Appeal
State of Orissa
v. Debendra Nath Padhi (2005) 1 SCC 568

Issue
• Whether the court can consider any material
(evidence) placed by the accused at the stage of
framing charge?
 State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568

Held
• No
• No provision in Crpc grants any right to the accused to file any material or document at
the stage of framing the charge. The said right is granted only at the trial.
• The expression “hearing the submissions of the accused” u/s 227 cannot mean
opportunity to the accused to file material and thereby changing the settled law. At
the stage of framing of charge, hearing the submissions of the accused has to be
confined to the material produced by the police.
• Sec 227 was incorporated to save the accused from prolonged harassment and
discharge him when the material gathered after investigation fall short of minimum
legal requirements.
 State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568

Held
• Sec 91 does not confer any right to the accused to produce document in his possession
to prove his defence. Such section cannot be invoked at the stage of framing of charge
since defence of the accused is not relevant at this stage. If u/s 227, what is necessary
and relevant is only the record produced u/s 173, the accused cannot at this stage
invoke sec 91 to seek production to show his innocence.
• The court held that there is prima facie case against the accused at the stage of
framing of the charge and directed the trial court to proceed from the stage of framing
of charge expeditiously.
 228 Crpc – Framing of Charge

1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there
is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the
accused and, by order, transfer the case for trial to the Chief Judicial Magistrate or any
other Judicial Magistrate of the first class and direct the accused to appear before the
Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class,
on such date as he deems fit, and thereupon such Magistrate shall try the offence in
accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the
accused.
2) Where the Judge frames any charge under clause (b) of Sub-Section (1), the charge
shall be read and explained to the accused and the accused shall be asked whether he
pleads guilty of the offence charged or claims to be tried.
 251 BNSS – Framing of Charge

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is
ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the
accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any
other Judicial Magistrate of the first class and direct the accused to appear before the
Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he
deems fit, and thereupon such Magistrate shall try the offence in accordance with the
procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused
within a period of sixty days from the date of first hearing on charge.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be
read and explained to the accused present either physically or through audio-video electronic
means and the accused shall be asked whether he pleads guilty of the offence charged or
claims to be tried.
 Chapter 18 – Trial Before A Court Of Session

Evidence Stage
Section 231 – Evidence for prosecution
• Court can defer any witness for cross examination until others have been done with or recall for
further cross examination.
Section 232 – Acquittal
Section 233 – Entering upon Defence
• If written statements given by defence then Judge has to attach it with the record.
• No issue of process if delaying, vexatious request, etc.
 231 Crpc – Evidence For Prosecution

(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in
support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until
any other witness or witnesses have been examined or recall any witness for further cross-
examination.

254 BNSS – Evidence For Prosecution

(3) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in
support of the prosecution
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic
means.
(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.
(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any
other witness or witnesses have been examined or recall any witness for further cross-examination.
 Chapter 18 – Trial Before A Court Of Session

Post Evidence Stage

Section 234 – Arguments
• Prosecutor will sum up the case and the accused will reply.
• If accused makes raises point of law, prosecution with court permission may give his submissions.
Section 235 – Judgment of Acquittal or Conviction
• If convict then court will hear on question of sentence unless court releases him on probation of
good behaviour for sometime (S. 360).
Section 236 – Previous Conviction
• Judge may take evidence in respect of alleged previous conviction and record findings.
Section 237 – Procedure in cases instituted under section 199(2) [Defamation against public
servant]
• If the accused is acquitted then the court may order the complainant to give compensation to accused if there
was no reasonable cause for making such accusation.
• Max fine - Rs. 1000
 Chapter 19 – Trial Of Warrant-Cases By Magistrates

Warrant Instituted by Police Report

Pre Evidence Stage
Section 238 – Compliance with section 207 (i.e Supply of copy of Police report and other documents to Accused)
Section 239 – When accused shall be Discharged
Section 240 – Framing of Charge
Section 241 – Conviction on plea of Guilty
Evidence Stage
Section 242 – Evidence for Prosecution
Section 243 – Evidence for Defence
Warrant Instituted Other Than Police Report
Section 244 – Evidence for Prosecution
Section 245 – When accused shall be Discharged
Section 246 – Procedure where accused is not Discharged (Frame charge, If not plead guilty then option to cross examine prosecution witness,
may discharge)
Section 247 – Evidence for Defence
Post Evidence Stage Concluding Trial
Section 248 – Acquittal or Conviction
Section 249 – Absence of Complainant (Compoundable or non cognizable offence)
Section 250 – Compensation for accusation without reasonable cause (Applies to Warrant and Summon Cases)
 Section 239 Crpc – When accused shall be Discharged

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any,
of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being
heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record
his reasons for so doing.

Section 262 BNSS – When accused shall be Discharged

(1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of
documents under section 230.
(2) (2) If, upon considering the police report and the documents sent with it under section 193 and making such examination,
if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and
after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against
the accused to be groundless, he shall discharge the accused, and record his reasons for so doing
 Section 240 Crpc – Framing of Charge

If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for
presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent
to try and which, in his opinion could be adequately punished by him, he shall frame in writing a charge against the
accused.
1. The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of
the offence charged or claims to be tried.

Section 263 BNSS – Framing of Charge

(1) (1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground
for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is
competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a
charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of
the offence charged or claims to be tried
 Section 246 Crpc – Procedure where accused is not Discharged

If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is
ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is
competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge
against the accused.
The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any
defence to make.
If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.
If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under Sub-
Section (3) he shall be required to stale, at the commencement of the next hearing of the case or, if the Magistrate for
reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any, and if so, which, of
the witnesses for the prosecution whose evidence has been taken.
If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-
examination (if any), they shall be discharged.
1. The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and
re-examination (if any), they shall also be discharged.
 Section 269 BNSS – Procedure where accused is not Discharged

(1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground
for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try
and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence
to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3),
he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be
recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the
prosecution whose evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if
any), they shall be discharged.
(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-examination and re-
examination (if any), they shall also be discharged.
(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the
attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be
deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence
for reasons to be recorded in writing and proceed with the case on the basis of the materials on record.
 Section 249 Crpc – Absence of Complaint

When the proceedings have been instituted upon complaint, and on any day fixed for the
hearing of the case, the complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate may, in his discretion,
notwithstanding anything hereinbefore contained, at any time before the charge has been
framed, discharge the accused.

Section 272 BNSS – Absence of Complaint

When the proceedings have been instituted upon complaint, and on any day fixed for the
hearing of the case, the complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate may after giving thirty days' time
to the complainant to be present, in his discretion, notwithstanding anything hereinbefore
contained, at any time before the charge has been framed, discharge the accused.
 Chapter 20 – Trial Of Summons-Cases By Magistrates

Pre Evidence Stage

Section 251 – Substance of Accusation to be Stated
Section 252 – Conviction on plea of guilty
Section 253 – Conviction on plea of guilty in absence of accused in petty cases
Evidence Stage
Section 254 – Procedure when not convicted
Post Evidence Stage
Section 255 – Acquittal or conviction
Section 256 – Non-appearance or death of complainant
Section 257 – Withdrawal of complaint
Section 258 – Power to stop proceedings in certain cases
Section 259 – Power of Court to convert summons-cases into warrant cases
 Chapter 20 – Trial Of Summons-Cases By Magistrates

Pre Evidence Stage

Section 251 – Substance of Accusation to be Stated
Not necessary to frame a formal charge
Section 252 – Conviction on plea of guilty
Section 253 – Conviction on plea of guilty in absence of accused in petty cases
Plea guilty: 1) through letter along with fine or 2) through Advocate
Evidence Stage
Section 254 – Procedure when not convicted
Post Evidence Stage
Section 255 – Acquittal or conviction
Section 256 – Non-appearance or death of complainant
Court may either 1) acquit or 2) adjourn if lawyer/prosecution officer and complainant appearance not necessary
Section 257 – Withdrawal of complaint
if complainant proves sufficient grounds for withdrawing
Section 258 – Power to stop proceedings in certain cases
Only if case not instituted through complaint – it shall be deemed discharge
Section 259 – Power of Court to convert summons-cases into warrant cases
If exceeding 6 months imprisonment – Re hear the case in warrant trial manner and may recall any witness
 Section 251 Crpc – Substance of Accusation to be Stated

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of
which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make,
but it shall not be necessary to frame a formal charge.

Section 274 BNSS – Substance of Accusation to be Stated

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence
of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to
make, but it shall not be necessary to frame a formal charge.
Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing,
release the accused and such release shall have the effect of discharge
Section 256 – Non-appearance or death of complainant
 Chapter 21 – Summary Trials

Section 260 – Power to try summarily

Section 261 – Summary trial by Magistrate of the second class
Only high court can confer for offences exceeding 6 months imprisonment, fine, abetment, atempt
Section 262 – Procedure for summary trials
Summon case trial – No imprisonment sentence can exceed 3 months
Section 263 – Record in summary trials
Section 264 – Judgment in cases tried summarily
Magistrate shall record the substance of the evidence and a judgment containing a brief statement of
the reasons
Section 265 – Language of record and judgment
Language of the court
 Section 260 Crpc – Power to try Summarily
Notwithstanding anything contained in this Code-
any Chief Judicial Magistrate;
any Metropolitan Magistrate;
any Magistrate of the first class specially empowered in this behalf by the High Court,
may, if he thinks fit, try in a summary way all or any of the following offences:-
i. offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
ii. theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the value of the property stolen
does not exceed two hundred rupees;
iii. receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where the value of the property
does not exceed two hundred rupees;
iv. assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860) where the value
of such property does not exceed two hundred rupees;
v. offences under sections 454 and 456 of the Indian Penal Code (lurking housetrespass or housebreaking)
vi. insult with intent to provoke a breach of the peace, under section 504 and criminal intimidation punishable with imprisonment for a
term which may extend to two years, or with fine, or with both, under section 506 of the Indian Penal Code (45 of 1860);
vii. abetment of any of the foregoing offences;
viii. an attempt to commit any of the foregoing offences, when such attempt is an offence;
ix. any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1871 (1
of 1871).
When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is
undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and
proceed to re-hear, the case in the manner provided by this Code.
 Section 283 BNSS – Power to try Summarily
(1) Notwithstanding anything contained in this Sanhita—
(a) any Chief Judicial Magistrate;
(b) Magistrate of the first class,
shall try in a summary way all or any of the following offences:—
(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property
stolen does not exceed twenty thousand rupees;
(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property
does not exceed twenty thousand rupees;
(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the
value of such property does not exceed twenty thousand rupees;
(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (lurking housetrespass or housebreaking)
(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of
the Bharatiya Nyaya Sanhita, 2023;
(vi) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.
(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary
way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years:
Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section.
(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily,
the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita
 Chapter 21 – Summary Trials

Section 263 – Record in summary trials

In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the
following particulars, namely-
1. the serial number of the case;
2. the date of the commission of the offence;
3. the date of the report of complaint;
4. the name of the complainant (if any);
5. the name, parentage and residence of the accused;
6. the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii)
or clause (iv) of Sub-Section (1) of section 260, the value of the property in respect of which the offence
has been committed;
7. the plea of the accused and his examination (if any);
8. the finding;
9. the sentence or other final order;
10. the date on which proceedings terminated.
 Chapter 23 – Evidences in Inquiry and Trials

Section 281 – Record of examination of accused

• Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the
substance of the examination of the accused in the language of the Court and such memorandum shall be signed by
the Magistrate and shall form part of the record.
• Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session,
the whole of such examination, including every question put to him and every answer given by him, shall be recorded
in full by the Presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other
incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.
• The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable in the
language of the Court.
• The record shall be shown or read to the accused, or, if he docs not understand the language in which it is written, shall
be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.
• It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own
hand that the examination was taken in his presence and hearing and that the record contains a full and true account
of the statement made by the accused.
• Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary
trial.
Section 316 – Record of examination of accused
(1) Whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such
examination, including every question put to him and every answer given by him, shall be recorded in full by
the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other
incapacity, under his direction and superintendence by an officer of the Court appointed by him in this
behalf.
(2) The record shall, if practicable, be in the language in which the accused is examined or, if that is not
practicable, in the language of the Court.
(3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is
written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain
or add to his answers.
(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify
under his own hand that the examination was taken in his presence and hearing and that the record contains
a full and true account of the statement made by the accused:
Provided that where the accused is in custody and is examined through electronic communication, his
signature shall be taken within seventy-two hours of such examination.
(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of
a summary trial.
 Chapter 24 – General Provisions As To Inquiries And Trials

Section 300 – Person once convicted or acquitted not to be tried for same offence
Section 309 – Power to postpone or adjourn proceedings
Section 311 – Power to summon material witness, or examine person present
Section 313 – Power to examine the accused
Section 315 – Accused person to be competent witness
Section 319 – Power to proceed against other persons appearing to be guilty of offence
Article 20 of the Constitution of India – Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of a law in force at
the time of the commission of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in force at the
time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
 Section 300 – Person once convicted or acquitted not to be tried for same offence
(Double Jeopardy)

General Rule [300(1)]

A person shall not be liable to be tried again for:
1. the same offence, nor
2. on the same facts for any other offence for which a different charge from the one made against him might have
been made, or for which he might have been convicted
Eg: A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the
acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft simply,
or with criminal breach of trust.

Exceptions:
1. Separate Charge [300(2)]
A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State
Government for any distinct offence for which a separate charge might have been made against him at
the former trial.
 Section 300 – Person once convicted or acquitted not to be tried for same offence
(Double Jeopardy)

2. Act causing consequences leading to different offence [300(3)]

A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a
different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the
consequences had not happened or were not known to the Court to have happened, at the time when he was convicted.
A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable
homicide.

3. Court Incompetent to try Subsequent Charge [300(4)]

A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction be
subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if
the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
Eg: A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A
may subsequently be charged with, and tried for, robbery on the same facts.

4. Discharge Person [300(5)]

Discharge person not to be tried again except with the consent of the Court by which he was discharged or by superior court.
 Section 309 – Power to postpone or adjourn proceedings

In every inquiry or trial the proceedings shall be continued from day-to-day until all the
witnesses in attendance have been examined, unless the Court finds the adjournment
of the same beyond the following day to be necessary for reasons to be recorded;
When the inquiry or trial relates to an offence under section 376, section 376A, section
376AB, section 376C, section 376D, section 376DA, section 376DB of the Indian Penal
Code, the inquiry or trial shall, as far as possible be completed within a period?
Period of two months from the date of filing of the charge sheet.
When can the court postpone or adjourn proceedings?
If the Court finds it necessary or advisable to postpone the commencement of, or adjourn, any
inquiry or trial, it may, for reasons to be recorded, postpone or adjourn the same on such terms as it
thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in
custody.
 Section 309 – Power to postpone or adjourn proceedings

Maximum Period of remand of accused?

Not to exceed fifteen days at a time
When can the accused be put in remand?
If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence,
and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a
remand.

Can the court adjourn or postpone when witness is present?

When witnesses are in attendance no adjournment or postponement shall be granted, without examining them, except for special
reasons to be recorded in writing.

No Adjournment during sentence show cause to accused

No adjournment shall be granted for the purpose only of enabling the accused person to show cause against the
sentence proposed to be imposed on him.
 Section 309 – Power to postpone or adjourn proceedings

No adjournment in following cases:

1. no adjournment shall be granted at the request of a party, except where the circumstances are
beyond the control of that party;
2. the fact that the pleader of a party is engaged in another Court, shall not be a ground for
adjournment;
3. where a witness is present in Court but a party or his pleader is not present or the party or his
pleader though present in Court, is not ready to examine or cross-examine the witness, the Court
may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit
dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.
Can the court order Costs during Adjournment or Postponement?
The terms on which an adjournment or postponement may be granted include, in
appropriate cases, the payment of costs by the prosecution or the accused.
 Section 346 BNSS – Power to postpone or adjourn proceedings
(1) In every inquiry or trial the proceedings shall be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the
Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:
Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the
Bharatiya Nyaya Sanhita, 2023 the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet.
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or
adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time
as it considers reasonable, and may by a warrant remand the accused if in custody:
Provided that no Court shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:
Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special
reasons to be recorded in writing:
Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be
imposed on him:
Provided also that— (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;
(b) where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections
of the other party and for the reasons to be recorded in writing;
(c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for adjournment;
(d) where a witness is present in Court but a party or his advocate is not present or the party or his advocate though present in Court, is not ready to
examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with
the examination-in-chief or cross-examination of the witness, as the case may be.
Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that
further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Explanation 2.—The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the
prosecution or the accused.
 Section 313 – Power to examine the accused

Can the court ask questions to the accused regarding the case?
At what stage can the court ask questions?
In every inquiry or trial, for the purpose of enabling the accused personally to explain
any circumstances appearing in the evidence against him, the court-
1. may at any stage, without previously warning the accused put such questions to him as the Court
considers necessary;
2. shall after the witnesses for the prosecution have been examined and before he is called on for
his defence question him generally on the case
What happens in a summons-case where the Court has dispensed with the personal
attendance of the accused?
It may also dispense with his examination.
 Section 313 – Power to examine the accused

Can the accused refuse to answer court questions?

The accused shall not render himself liable to punishment by refusing to answer such question, or by
giving false answers to them.
Whether the accused will be examined by court under oath?
No oath shall be administered to the accused when he is examined.
Whether such response of accused can be used against him in another inquiry or trial?
The answers given by the accused may be taken into consideration in such inquiry or trial, and put in
evidence for or against him in any other inquiry into, or trial for, any other offence which such answers
may tend to show he had committed.
Can the court take help of Prosecutor and Defence Counsel in preparing such questions?
Yes, the court may and the Court may permit filing of written statement by the accused as sufficient
compliance of this section.
 Nar Singh v. State of Haryana, (2015) 1 SCC 496

Facts
At 11.00 P.M., Daya Nand heard the sound of vomiting of his brother and he came out and found his brother Rajbir
crying in pain. PW-7 called his father Chander Bhan and both of them noticed injuries on the forehead of Rajbir with
profuse bleeding.
When Daya Nand returned back, Rajbir had already succumbed to injuries. Law was set in motion by PW-7 and FIR was
registered under Section 302, IPC. PW-14 had taken up the investigation and inquest was conducted on the body of
the deceased Rajbir. Dr. J.K. Bhalla (PW-10) conducted autopsy on the body of deceased Rajbir and a country-made
bullet was seized from the occipital area of the brain of deceased Rajbir. Dr. Bhalla opined that the death was due to
injury to the brain and he issued Ex P-13-post mortem certificate.
Procedural Facts
The material evidence of forensic science laboratory report and ballistic expert opinion was not put to accused in his
statement u/s 313 but was relied by trial and high court for convicting the accused.
 Nar Singh v. State of Haryana, (2015) 1 SCC 496

Procedural Facts
The material evidence of forensic science laboratory report and ballistic expert
opinion was not put to accused in his statement u/s 313 but was relied by trial
and high court for convicting the accused.
 Nar Singh v. State of Haryana, (2015) 1 SCC 496

Issue
Whether non - compliance of the mandatory provisions of Section 313 Cr.P.C. vitiates the
trial and conviction of the appellant?
 Nar Singh v. State of Haryana, (2015) 1 SCC 496

Held
While the right of accused to speedy trial is valuable one, the court has to subserve the
interest of justice keeping in view the right of victim’s family and society in large.
Accused is not entitled for acquittal on the ground of non-compliance of mandatory
provisions of Section 313 Cr.P.C.
Though it is true to some extent that the appellant is prejudiced on account of omission
to put aforementioned questions and the trial court should have been more careful in
framing the questions and in ensuring that all material evidence and incriminating
circumstances were put to the accused. However, omission on the part of the Court to
put questions under Section 313 Cr.P.C. cannot enure to the benefit of the accused. The
accused must show prejudice and that miscarriage of justice has been sustained by him.
 Nar Singh v. State of Haryana, (2015) 1 SCC 496

Held
• There are 2 kinds of examination u/s 313:
1. 313(1)(a) - Relates to any stage of inquiry or trial (Optional)
2. 313(1)(b) - After examination of prosecution and before accused is called to enter his defence
(General and Mandatory)
• The question whether trial is vitiated depends on the degree of error and the accused
must show that it has materially prejudiced him or likely to prejudice him.
 Nar Singh v. State of Haryana, (2015) 1 SCC 496

Held
Court should examine whether remand of the matter to the trial court would amount to
indefinite harassment of the accused.
When there is omission to put material evidence to the accused in the course of
examination under Section 313 Cr.P.C., prosecution is not guilty of not adducing or
suppressing such evidence; it is only the failure on the part of the learned trial court. The
victim of the offence or the accused should not suffer for laches or omission of the court.
However, the matter was still remitted back to trial court for proceeding afresh from the
stage of recording statement of accused u/s 313. The remittal was not on the ground on
failure to fulfill 313 provision.
 Section 315– Accused person to be competent witness

• Any person accused of an offence before a Criminal Court shall be a competent witness for the
defence and may give evidence on oath in disproof of the charges made against him or any
person charged together with him at the same trial:

Provided that-
• he shall not be called as a witness except on his own request in writing;
• his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or
give rise to any presumption against himself or any person charged together with him at the same trial.
• Any person against whom proceedings are instituted in any Criminal Court under section 98, or
section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B,
Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:

Provided that in proceedings under section 108, section 109 or section 110, the failure of such
person to give evidence shall not be made the subject or any comment by any of the parties or
the Court or give rise to any presumption against him or any other person proceeded against
together with him at the same inquiry.
 Section 319 – Power to proceed against other persons appearing to be guilty of offence

Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any
person not being the accused has committed any offence for which such person could be tried
together with the accused, the Court may proceed against such person for the offence which he
appears to have committed.
• Where such person is not attending the Court he may be arrested or summoned, as the
circumstances of the case may require, for the purpose aforesaid.
• Any person attending the Court although not under arrest or upon a summons, may be detained
by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have
committed.
• Where the Court proceeds against any person under Sub-Section (1) then-
• the proceedings in respect of such person shall be commenced afresh, and witnesses re-heard;
• subject to the provisions of clause (a), the case may proceed as if such person had been an
accused person when the Court took cognizance of the offence upon which the inquiry or trial
was commenced
Section 319 – Power to proceed against other persons appearing to be guilty of offence

Doctrine - Judex damnatur cum nocens absolvitur

Judge is condemned when guilty is acquitted

Where, in the course of any inquiry into, or trial of, it appears from the evidence that any person not
being the accused has committed any offence for which such person could be tried together with the
accused, the Court may proceed against such person for the offence which he appears to have
committed.

If such person is not attending the Court?

He may be arrested or summoned.
Section 319 – Power to proceed against other persons appearing to be guilty of offence

Court’s Power to Detain

Any person attending the Court although not under arrest or upon a summons, may be
detained by such Court for the purpose of the inquiry into, or trial of, the offence which
he appears to have committed.

Manner of Procedure
1. the proceedings in respect of such person shall be commenced afresh, and witnesses
re-heard;
2. subject to the above point, the case may proceed as if such person had been an
accused person when the Court took cognizance of the offence upon which the
inquiry or trial was commenced.
 Hardeep Singh v. State of Punjab (2014) 3 SCC 92

Issue
(i) What is the stage at which power u/s 319 can be exercised?
(ii) Whether the word "evidence" used in Section 319(1) Cr.P.C. could only mean evidence
tested by cross-examination or the court can exercise the power under the said provision
even on the basis of the statement made in the examination-in-chief of the witness
concerned?
(iii) Whether the word "evidence" used in Section 319(1) Cr.P.C. has been used in a
comprehensive sense and includes the evidence collected during investigation or the word
"evidence" is limited to the evidence recorded during trial?
(iv) What is the nature of the satisfaction required to invoke the power under Section 319 Cr.P.C.
to arraign an accused? Whether the power under Section 319(1) Cr.P.C. can be exercised
only if the court is satisfied that the accused summoned will in all likelihood convicted?
(v) Does the power under Section 319 Cr.P.C. extend to persons not named in the FIR or named
in the FIR but not charged or who have been discharged?
 Hardeep Singh v. State of Punjab (2014) 3 SCC 92

Held
i) The power under Section 319(1) Cr.P.C. can be exercised at any time after the
charge-sheet is filed and before the pronouncement of judgment, except during the
stage of Section 207,208, 209 etc., which is only a pre-trial stage, intended to put the
process into motion. This stage cannot be said to be a judicial step in the true sense
for it only requires an application of mind rather than a judicial application of mind.
ii) Considering the fact that under Section 319 Cr.P.C. a person against whom material is
disclosed is only summoned to face the trial and in such an event under Section
319(4) Cr.P.C. the proceeding against such person is to commence from the stage of
taking of cognizance, the Court need not wait for the evidence to be tested by cross-
examination.
 Hardeep Singh v. State of Punjab (2014) 3 SCC 92

Held
iii) The word 'evidence' in Section 319 Cr.P.C. has to be broadly understood and not
literally i.e. as evidence brought during a trial.
iv) The satisfaction required to invoke the power under Section 319 Cr.P.C. to arraign an
accused is different from the accused charged originally. The test for subsequent charge
is more than prima facie case as exercised at the time of framing of charge, but less than
the satisfaction to an extent that the evidence, if goes unrebutted, would lead to
conviction. In the absence of such satisfaction, the court should refrain from exercising
power under Section 319 Cr.P.C.
v) A person discharged can also be arraigned again as an accused but only after an
inquiry as contemplated by Sections 300(5) and 398 Cr.P.C.
Sukhpal Singh Khaira v. State of Punjab (2019) 6
SCC 638
 Sukhpal Singh
Khaira v. State of
Punjab (2019) 6
SCC 638
 Sukhpal Singh Khaira v. State of Punjab (2019) 6 SCC 638

Facts

• Initially, under the 1st charge sheet, 10 Accused were summoned and put to trial in Sessions Case.
• Even though a second charge sheet was filed by the police, the same did not name the Accused-
Appellants herein.
• Subsequently, prosecution filed an application under Section 311 of CrPC for recalling PW-4 and
PW-5, which came to be allowed.
• On such recall, the aforesaid witnesses named the Accused-Appellants.
• Thereafter, the prosecution filed an application under Section 319 of CrPC for summoning
additional five Accused (including the present Appellants herein).
• Sessions Court first pronounced the judgment in Sessions Case convicting the nine other Accused
put on trial. On the same day, by a separate order the Sessions Court, while allowing the
application of the prosecution, summoned Accused-Appellants herein under Section 319 of CrPC.
• Criminal Revision before HC dismissed.
Appellant relied on Hardeep Singh case.
 Sukhpal Singh Khaira v. State of Punjab (2019) 6 SCC 638

Issue
1. Whether the trial court has the power under Section 319 of CrPC for summoning
additional Accused when the trial with respect to other co-accused has ended and
the judgment of conviction rendered on the same date before pronouncing the
summoning order?
2. Whether the trial court has the power under Section 319 of the CrPC for summoning
additional Accused when the trial in respect of certain other absconding Accused
(whose presence is subsequently secured) is ongoing/pending, having been
bifurcated from the main trial?
3. What are the guidelines that the competent court must follow while exercising
power under Section 319 of CrPC.
 Sukhpal Singh Khaira v. State of Punjab (2019) 6 SCC 638

Held
• The conclusion of the trial in a criminal prosecution if it ends in conviction, a judgment
is considered to be complete in all respects only when the sentence is imposed on the
convict, if the convict is not given the benefit of Section 360 of CrPC.
• Similarly, in a case where there are more than one Accused and if one or more among
them are acquitted and the others are convicted, the trial would stand concluded as
against the Accused who are acquitted and the trial will have to be concluded against the
convicted Accused with the imposition of sentence.
• In that view of the matter, if the Court finds from the evidence recorded in the process
of trial that any other person is involved, such power to summon the Accused u/s 319 of
CrPC can be exercised by passing an order to that effect before the sentence is imposed
and the judgment is complete in all respects bringing the trial to a conclusion.
 Sukhpal Singh Khaira v. State of Punjab (2019) 6 SCC 638

Held
Re-Hearing?
Furthermore the proceedings in respect of such additional accused shall be commenced afresh and
the witnesses will have to be re-examined in the presence of the additional Accused. The very same
evidence which is available on record cannot be used against the newly added Accused in view of
Section 273 of CrPC.
Issue 2 – Absconding Accused
The trial court has the power to summon additional Accused when the trial is proceeded
in respect of the absconding Accused after securing his presence, subject to the evidence
recorded in the split up (bifurcated) trial pointing to the involvement of the Accused
sought to be summoned. But the evidence recorded in the main concluded trial cannot
be the basis of the summoning order if such power has not been exercised in the main
trial till its conclusion.
 Section 398 BNSS – Witness Protection Scheme

Every State Government shall prepare and notify a Witness Protection Scheme
for the State with a view to ensure protection of the witnesses.
 Section 530 BNSS – Trial and proceedings to be held in electronic mode.

All trials, inquires and proceedings under this Sanhita, including—

(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or any other proceeding,
may be held in electronic mode, by use of electronic communication or use of audio-
video electronic means.