Introduction
The Indian legal system classifies criminal offences based on their severity. The most serious offences, such as murder, rape, dacoity, and attempt to murder, are tried before a Court of Session. The Code of Criminal Procedure, 1973 (CrPC) outlines a distinct procedure for the trial before a Court of Session under Sections 225 to 237. These provisions ensure that the trial process for grave offences is formal, thorough, and in accordance with the principles of natural justice.
This essay discusses the step-by-step procedure, legal framework, and safeguards governing Sessions Trials under the CrPC.
What Is a Court of Session?
Under Section 9 of the CrPC, the Court of Session is established by the State Government for every Sessions Division. Offences that are exclusively triable by the Court of Session are mentioned in the First Schedule of the CrPC and primarily relate to serious crimes.
Examples of such offences:
- Section 302 IPC (Murder)
- Section 376 IPC (Rape)
- Section 395 IPC (Dacoity)
Applicable Provisions: Sections 225 to 237 CrPC
The procedure for trials before the Court of Session is specified in Sections 225 to 237 of the CrPC. These provisions ensure that serious offences are tried with appropriate legal scrutiny and safeguards.
Step-by-Step Procedure for Trials Before the Court of Session
Opening of Prosecution (Section 226 CrPC)
The trial begins with the Public Prosecutor opening the case.
He states the charges and brief facts of the case, and evidence intended to be relied upon.
This is the initial presentation of the prosecution’s side to the Court.
Discharge of Accused (Section 227 CrPC)
After hearing the prosecution and reviewing the case documents, if the Judge believes there is no sufficient ground for proceeding against the accused:
The accused is discharged.
Reasons for discharge must be recorded in writing.
Framing of Charge (Section 228 CrPC)
If the Judge is of the opinion that there is sufficient ground, a formal charge is framed against the accused.
The charge is read and explained to the accused.
The accused is asked whether he pleads guilty or claims to be tried.
Plea of Guilty (Section 229 CrPC)
If the accused pleads guilty, the Judge may convict him on the basis of that plea.
The plea must be voluntary, clear, and unambiguous.
Prosecution Evidence (Section 230 CrPC)
If the accused does not plead guilty, the Judge fixes a date for examination of prosecution witnesses.
Witnesses are examined-in-chief, cross-examined by the defence, and may be re-examined.
Statement of Accused (Section 313 CrPC)
After prosecution’s evidence is recorded, the accused is given an opportunity to explain any incriminating circumstances found against him.
This is not a substitute for defence evidence.
Defence Evidence (Section 233 CrPC)
The accused is allowed to enter his defence.
He may produce witnesses and documents in support of his case.
The Court may issue summons or warrants to ensure witness attendance.
Arguments (Section 234 CrPC)
After evidence from both sides is complete, arguments are heard.
The Public Prosecutor and defence counsel present their closing arguments.
Judgment (Section 235 CrPC)
The Judge delivers a reasoned judgment:
If the accused is found guilty, the Judge proceeds to hear him on the question of sentence.
If the accused is acquitted, he is released.
Procedure in Case of Conviction (Section 235(2) CrPC)
If convicted, the accused is given an opportunity to plead for a lenient sentence.
The Judge considers mitigating factors before passing the final sentence.
Previous Convictions (Section 236 CrPC)
If the accused is a repeat offender, the Court may inquire into previous convictions after recording the current conviction.
Special Features of Sessions Trials
- Conducted by Sessions Judge or Additional Sessions Judge
- Always initiated by the Public Prosecutor
- More formal and structured than Magistrate trials
- Deals only with serious offences
- Greater emphasis on evidence, witness examination, and legal argument
- Provision for victim impact statement and sentence hearing
Judicial Precedents
In Union of India v. Prafulla Kumar Samal, the Supreme Court held that at the stage of framing of charge, the Court must consider whether a prima facie case exists and not whether the prosecution is likely to succeed.
In State of Karnataka v. L. Muniswamy, the Apex Court emphasized the importance of judicial scrutiny before framing charges, to prevent misuse of the process.
Table Summary of Sessions Trial Procedure
| Stage | Section | Description |
|---|---|---|
| Opening of Prosecution | Section 226 | Public Prosecutor opens the case |
| Discharge of Accused | Section 227 | Accused discharged if no prima facie case |
| Framing of Charge | Section 228 | Charge framed if sufficient ground exists |
| Plea of Guilty | Section 229 | Accused may plead guilty and be convicted |
| Prosecution Evidence | Section 230 | Witnesses examined and cross-examined |
| Statement of Accused | Section 313 | Accused explains circumstances against him |
| Defence Evidence | Section 233 | Accused leads defence and produces evidence |
| Final Arguments | Section 234 | Both sides present final arguments |
| Judgment and Sentence | Section 235 | Judge delivers verdict and imposes sentence if convicted |
| Previous Convictions | Section 236 | Inquiry into previous convictions, if applicable |