Trial

What is trial?

• A trial is coming together of parties to dispute.

• A trail is a formal examination of evidence by a judge, typically before

a jury, in order to decide guilt in a case of criminal or civil proceedings

• As per Black Law Dictionary: The examination before a competent

tribunal, according to the law of the land, of the facts or law put in issue
in a cause, for the purpose of determining such issue. A trial is the
judicial examination of the Issues between the parties, whether they be
issues of law or of fact.
 Types of Trial
• Session Trial
• Warrant Trial
• Summon Trial
• Summary Trial
 Warrant Trial
(Section 238-Section 250)
Warrant Case
As per the definition given u/s 2 (x) of CrPC that ―"Warrant-case"
means a case relating to an offence punishable with:
• death,
• imprisonment for life or
• imprisonment for a term exceeding two years .
 TrialProcedure in Warrant Cases by
Magistrates (Section 238-250)

• Upon Police Report Sec 238-243

• Other than on police report Sec 244-247
• Applicable to both cases Sec 248-250
Cases instituted on a Police Report
(Section 238 to Section 243 &
Section 248 to 250)
According to Section 238: Supply of copies of FIR, Police report, statements recorded by
police during investigations, etc. to the accused.

Magistrate shall follow 3 steps: • Consideration of police report and document referred in
sec 173 • Examination of accused, if he thinks it necessary • Giving both parties the
opportunity of being heard.

According to Section 239: After considering the evidences the Magistrate may discharge the
accused on the base of groundless accusations against him and shall give the reasons for
doing so.

According to Section 240: (1) If magistrate opines that there is ground for the accusation of
the accused , he shall frame a charge in writing against the accused.
(2) The charge shall be read and explained to the accused and he shall be asked to whether
he pleads guilty of the offence or claims to be tried.
According to Section 241: If accused pleads guilty, the Magistrate shall record
the plea and may convict him thereon • Sec 241

According to Section 242: (1) If the accused pleads not to be guilty of the
offence or claims to be tried , then the Magistrate shall fix a date for the
examination of witnesses.
(2) The magistrate may on the application of prosecution issue summons to any
of its witnesses directing him to attend or to produce any document or thing.
(3) On the date fixed, there shall be examination of witnesses and evidences
produced by the prosecution Magistrate may permit the cross examination of
witness or recall of any witness for cross examination
There shall be recording of evidences u/s 275, 278, 280.

The evidences shall be recorded in the language of the court.- Sec 277 and the
interpretation shall be done to the accused or his pleader- Sec 279

Oral arguments and submission of memorandum of arguments on behalf of the

prosecution- Sec 314

Examination of accused u/s 313 (1) (b)

According to Section 243: (1) The accused shall then be called upon to enter his
defence and produce his evidence. The evidences shall be recorded in the same
manner as before sessions court. The magistrate shall record the written
statement given by the accused.
(2) Then the magistrate can issue process, if so desired by the accused, for
compelling the attendance of any witness for the purpose of cross-examination
or production of any other document.
The written statement may be given by accused and the evidences & statements
must be recorded in the proper manner

Submissions in regard to law point shall be recorded

According to Section 248: After hearing the both of the parties the Court shall
give judgment in the case.

Continued…