Trial of warrant cases by Magistrates
In our last article (Stages
of the criminal trial in India under Cr.P.C.) we discussed the
pre-trial stage of the criminal trial. Now in this article, we will discuss the
warrant case.
Warrant case:-
Warrant case means a case relating to
an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding two years.
Trial of warrant case begins either by
the filing of FIR in a police station by filing a complaint before a
Magistrate. The division of warrant case and summon case in only for the
purpose of a procedure for trial.
Stages of the trial of warrant case:-
Trail of warrant case is also divided into two types:-
1. Cases instituted on
a police report
2. Cases
instituted otherwise than on police report
Now we will
discuss in detail as follows:-
A. Compliance with section 207:-
When a warrant case instituted
on a police report and after that the accused appears or is brought before
a Magistrate at the commencement of the trial, the Magistrate shall satisfy
himself that he has complied with the provisions of section
207.
B. When accused shall be discharged:-
After the compliance with the sec 238, the next step is the
discharging to the accused. After considering the police report and the
documents sent with it under Section 173 and making such examination of the
accused, 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.
This section should be read with the framing of charge.
C. Framing of charge:-
Framing of the charge is the duty of the court, that's why the court must
consider over the matter judiciously. After considering our matter,
examination, hearing, if any, the magistrate of opinion that there is a ground
for presuming that accused has committed an offence triable under this chapter,
which such magistrate is competent to try and which, in the opinion of, could
be adequately punished by him, he shall frame in writing a charge against the
accused. and after that, 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.
Trial court under which section frames charge after generally
giving a brief survey of the evidence which is sought to be adduced against the
accused. This section also authorises the magistrate to examine the
accused if he thinks it necessary.
After the framing of
charge, if the accused pleads guilty, the magistrate shall record the plea and
may, in his discretion, convict him thereon.
D. Evidence for prosecution section 242:-
After the framing of
charge if accused refused to plead or not plead, or claims to be tried or
Magistrate does not Convict the accused the Magistrate shall fix a date for the
examination of witnesses.
In a criminal trial,
the state presents its case first. The burden of proving the accused guilty,
including all the elements of the alleged offence beyond all reasonable doubt,
is on the prosecution. The prosecution can call witnesses and other evidence in
order to prove the offence. The process of proving guilty by witnesses is
called examination in chief. The Magistrate has the power to summon any person
as a witness and order him to produce any document.
E. Statement of accused:-
Under section 313 of
the Criminal Procedure Code accused has an opportunity to be heard and explain
the fact and circumstances of the case.
F. Defence evidence:-
When the prosecution
closes his case after the examine the witnesses the next stage start that is
evidence for defence. In this stage accused has an opportunity of
cross-examination of witnesses who are examined by the prosecution in
examination in chief. Defence can produce both oral and documentary evidence.
Here it is the duty of the prosecution and to establish the case beyond all
reasonable doubt.
G. Argument:-
After
the closing of the evidence any party to a proceeding may produce
a concise oral argument, and may before he concludes the oral
arguments, submit a memorandum to the court setting forth concisely and under
the distinct heading.
A copy of every such the memorandum shall be simultaneously furnished to the opposite party.
The court has also the
power to interfere if the oral arguments are not to the point, concise and
relevant. This section gives power to the parties to submit a memorandum of
argument. The memorandum must be submitted before the close of oral evidence.
H. Judgement
The trial ends either
in conviction or acquittal of the accused. the conviction and acquittal of the
accused decided by the court with reason is known as the judgment. In case of
the acquittal of the accused the prosecution is given time to appeal against
the order of the court, and in case of conviction both sides are invited to
give arguments on punishment which is to be awarded. This is usually done when
the decision is in conviction adverse punishment is life imprisonment or
capital punishment.
Thanks for reading this article
Related Articles:-
No comments:
Post a Comment