Crpc Notes

Module 3

Topic – 1
Trial procedures

Stages of a criminal trial

There are various types of criminal trials conducted by
the Courts in India. The broad classification of these
trials can be made into warrant, summons and
summary trials. There is another category of trials
known as the Sessions trial; such a case is taken up by
the Sessions Court and has its own procedure. As per
Section 2(x) of the CrPC, a warrant case refers to the
trial of an offence punishable with imprisonment for
two or more years or life imprisonment or with death.

On the other hand, a summons case has been defined

as one which is not a warrants case under Section 2(w).
Thus, a summons case is the trial of offences
punishable with imprisonment for a term less than two
years. Summary trials are popularly known as abridged
trials conducted for offences of trivial nature, i.e.,
offences punishable with less than six months.
Summary trials have a shorter procedure to save time
and do justice efficiently. While the procedures vary
according to the type of trial held, the stages of a
criminal trial can be broadly listed as mentioned below
1. Framing of charges
After considering the police report submitted by
the police to the Magistrate, the Magistrate
proceeds to examine its contents. The Magistrate
is required to decide whether there is prima facie
evidence of the commission of the offence by the
accused person.

The Magistrate will not determine the guilt of the

accused at this moment but will merely decide
whether there is enough material on record that
points to the fact of committing the crime.

According to Section 240 of the Code, framing of

charges has to be done in the presence of the
accused person where the Magistrate will read out
the contents and explain the charges to the
accused. This is an important responsibility of the
Magistrate, and the accused has a right to know
the charges against him to be able to arrange for a
 proper defence.

It is pertinent to note that framing of charges is

mandatory in a warrants case, but in a summons
and summary trial, charges are not framed in
writing and are mentioned orally to the accused
only to let the accused know of allegations against
themselves in accordance with Section 251 for
summons case.

2. Plea of guilty
After the framing of charges, the Magistrate offers
an opportunity to the accused person to plead
guilty on the charges levied against him/her. If the
accused pleads guilty, the Magistrate proceeds to
convict the accused and then impose adequate
punishment. However, it is required that the
Magistrate ensures that the plea of guilty is made
voluntarily and after being fully aware of the
charges and their implications. If the accused
pleads not guilty, the case proceeds for trial before
the appropriate Court.

3. Evidence by prosecution
Upon pleading notguilty by the accused, the Court
 directs the prosecution to present evidence in
support of its averments. At this stage, the
prosecution seeks to establish the guilt of the
accused by producing documents and witnesses in
this regard.

In the event the Magistrate does not convict the

accused under section 252 or 253, the Magistrate
shall proceed to hear the prosecution and take all
such evidence as may be produced in support of
the prosecution, and also to hear the accused and
take all such evidence as he produces in his
defence. (Sections 244 and 254)

4. Statement of the accused

According to Section 313, the accused is called
upon and is examined on oath in a warrants trial.
An opportunity is given to the accused to explain
the circumstances of the commission and other
relevant factors in the furtherance of his defence.
Statement of accused may not be recorded in
summons and summary trials

5. Defence evidence
At this stage, the defence produces evidence and
 witnesses to disprove the allegations made by the
prosecution. The general rule of criminal
jurisprudence is that the accused is presumed to
be innocent until proven guilty; after the
prosecution discharges its burden to prove the
guilt beyond a reasonable doubt, onus shifts upon
the accused to prove that he has not committed
the offence. (Sections 243)

6. Final arguments and Judgement

Both the prosecution and defence argue before
the Court and try to bring out the fallacies in each
other�s arguments and evidence.

After hearing both parties, the Court proceeds to

analyze the evidence and facts brought on record
to determine whether the accused is guilty of the
offences alleged. This is a judicial process where
the Judge applies his or her mind to the material
on record. If the Judge concludes that the accused
has not committed the offence, an order of
acquittal is granted, whereas if it is sufficiently
proved that the accused is guilty, an order of
conviction is passed, and the Court proceeds to
the sentencing of the accused.
Topic – 2
General provisions regarding inquiries and
trials

• General Provisions As To Inquiries And Trials

Section 300 – Person once convicted or acquitted not
to be tried for same offence
Section 301 – Appearance by public prosecutors
Section 302 – Permission to conduct prosecution
Section 303 – Right of person against whom
proceedings are instituted to be defended
Section 304 – Legal aid to accused at State expense in
certain cases
Section 305 – Procedure when corporation or
registered society is an accused
Section 306 – Tender of pardon to accomplish
Section 307 – Power to direct tender of pardon
Section 308 – Trial of person not complying with
conditions of pardon
Section 309 – Power to postpone or adjourn
proceedings
Section 310 – Local inspection
Section 311 – Power to summon material witness, or
examine person present
Section 311A – Power of Magistrate to order person to
give specimen signature or handwriting
Section 313 – Power to examine the accused
Section 314 – Oral arguments and memorandum of
arguments
Section 315 – Accused person to be competent witness
Section 316 – No influence to be used to induce
disclosure
Section 317 – Provision for inquiries and trial being
held in the absence of accused in certain cases
Section 318 – Procedure where accused does not
understand proceedings
Section 319 – Power to proceed against other persons
appearing to be guilty of offence
Section 320 – Compounding of offences
Section 321 – Withdrawal from prosecution
Section 322 – Procedure in cases which Magistrate
cannot dispose of
Section 323 – Procedure when, after commencement
of inquiry or trial, Magistrate finds case should be
committed
Section 324 – Trial of persons previously convicted of
offences against coinage, stamp law or property
Section 325 – Procedure when Magistrate can not pass
sentence sufficiently severe
Section 326 – Conviction or commitment on evidence
partly recorded by one Magistrate and partly by
another
Section 327 – Court to be open

• Mode of taking and Recording Evidence

Section 272 to 283 of CrPC read with rules under
Chapter XII of General Rules and Circular Order Volume
I, explains the Mode of taking and recording Evidence
in criminal cases. The following are the modes of
recording evidence:
Section 273– It is mandatory to record all the evidence
only in the presence of the accused when his personal
attendance has been dispensed, the evidence must be
recorded in the presence of a pleader.
Section 274– Magistrate shall record a memorandum
of the substance of evidence in the court language and
must be signed by the Magistrate.
Section 275(1)– In all the warrant cases, the evidence
of each witness shall be in writing by Magistrate or
under his direction if the Magistrate is unable to do so
due to some physical or other incapacities, under his
direction and superintendence, by the officer of the
court who is appointed by the Magistrate on his
behalf. The evidence under this subsection is to be
recorded by audio-video electronic.
Section 275(3)– This section permits the Magistrate to
record evidence in question and answer form.
Section 276– In Session Court, the recording should be
done in a narrative form. The presiding officer at his
discretion can take down any part of the evidence in
question and answer format which has to be signed by
him
Section 278– When the evidence of a witness is
completed, it should be read over to the accused or his
pleader. This shouldn’t be done at the end of the day
when all the witnesses have been examined. The
evidence if needed can be corrected by the accused.
Section 280– The presiding judge or magistrate is
empowered to record the remarks.
Topic – 3
Bail

• Bail Provisions Under CrPC

The term ‘bail‘ is nowhere defined in the Criminal
Procedure Code, 1973. However, bail provisions have
been defined in CrPC under sections 436-450. The first
schedule of CrPC also defines which offences are
bailable and which are not. Generally, non-bailable
offences are more heinous crimes.

• Bail in Bailable Offence

Section 436 of CrPC deals with provisions for bail in
bailable offences. This provision is mandatory in
nature, and the police or the court has no discretion
over it.
Case Law: Vaman Narayan Ghiya vs the State of
Rajasthan: The apex court has held that no jurisdiction
lies to any court while granting bail under section 436
CrPC except asking for security.
Note: 2005 Amendment of CrPC removed the sureties
in the case of indigent persons.
 • Bail in Non-Bailable Offence
Section 437 of CrPC deals with provisions for bails
regarding non-bailable offences. It is based purely on
the discretion of the court (other than the High Court
and Sessions court).
Case Law: Kalyan Chandra Sarkar vs Rajesh Ranjan: The
apex court observed that the detention of the accused
in non-bailable offences could not be questioned as
being violative of Article 21 of the Constitution.
• Stages or Types of Bail
1. Anticipatory Bail
Anticipatory bail is filed before the arrest is made. In
other terms, it is also known as pre-arrest bail. The
accused apprehending arrest can approach the High
Court of the concerned state for anticipatory bail
application under section 438 of CrPC. Anticipatory bail
is frequently in the news, and politicians, prominent
personalities, journalists, etc., often use this.
2. Bail on Arrest
This is filed after the arrest of the accused person.
Under Section 437 of CrPC, the arrested person can
approach the court for bail.
3. Bail for Convict
This is filed post-conviction by the court, and an appeal
lies against the same. When the accused has been
convicted by the court and has preferred an appeal,
the accused can apply to the appellant court for bail.
4. Default Bail
When the charge-sheet is not filed in the court within
the prescribed time period or in other words, the
investigation remained incomplete within the
stipulated time period; the accused is entitled to
default bail.
5. Interim Bail
Lal Kamlendra Pratap Singh vs State of U.P. and Ors.
(2009): Interim bail is nowhere defined in CrPC. The
concept of interim bail was started by the Hon’ble
Supreme Court in 2009, stating that interim bail be
granted pending disposal of bail application because
arrest and detention of a person may cause irreparable
loss.

• Advantages of Bail
Some of the major benefits of granting bail are:
 • One can be well-braced for trial.
• One’s reputation can be preserved.
• One can attend his work or job.
• Family bonding and responsibilities can be
maintained.
• Freedom from police torture.
• Freedom from the boredom of hardened criminals.
• Freedom from low hygienic conditions of the jail.
• One can meet his advocate anytime.

• Disadvantages of Bail
The primary concerns for granting bail are:
• The burden of expenses lies on the state.
• Damage is caused to the reputation of the
accused.
• The accused family finds it difficult to adjust to
society because people have inferior views against
the same.
 • Cancellation of Bail
Bail can be cancelled anytime under section 437 (5) of
CrPC if the accused violates any of the conditions
prescribed by the court. The petition for cancellation of
bail can be filed by the state or the party aggrieved in
the court.

• Important Case Laws Regarding Bail

In May 2021, the Madhya Pradesh High Court has
stated that District Judiciary is extremely tight twisted
in granting bail, which in turn issued directions
regarding granting of bail to police as well as Judicial
Officers, which are as follows:
• Instructions to Police Regarding Bail
1. When the maximum penalty for an offence is up to
7 years in jail, the accused may not be detained by
the police as a matter of course; unless there is a
specific statute that requires it.
2. Before arresting in such a case, the police would
record the reason in writing why the arrest was
necessary: To prevent the accused from
committing any further offences, or for case’
proper investigation, or to prevent the accused
from causing the disappearance of evidence or
 based on credible suspicion that the accused
would tamper with evidence or prevent a witness
from testifying, or based on credible apprehension
that the accused would tamper with evidence or
prevent a witness from testifying.
3. While arresting an accused of offences carrying a
potential punishment of up to 7 years, the State
Police is required to format and produce a
checklist of pre-conditions that the police must
meet under section 41(1)(b)(ii) of the CrPC. A copy
of the checklist must be submitted with the
remand application to the Magistrate who has the
authority to remand the accused to the police or
judicial custody.
4. If the police decide not to arrest the suspect, the
Magistrate must be notified within two weeks of
the FIR being filed. For circumstances that must be
proven in writing, the Superintendent of Police
may extend this term.
5. If questioning of the accused is needed, the
accused must be issued with a notice under
section 41A CrPC or section 160 CrPC within two
weeks of the FIR being registered, which may be
extended by the Superintendent of Police of the
 district concerned for reasons to be recorded in
writing.
6. When the police do not arrest the accused, and
the accused appears before the police on notice
under section 41A or section 160 CrPC and assists
the police in the course of the investigation, the
police are not to arrest the accused unless there
are compelling reasons that must be recorded, as
stated in paragraph 31.2.
7. Suppose the police fail to comply with the
requirements mentioned above. In that case, they
will be held in contempt of the court’s order, in
addition to any other administrative action that
may be taken against the erring officer.
• Instructions to Judicial Magistrates Regarding Bail
1. When exercising remand powers, the Magistrate
must determine whether the arrest made by the
police meets the conditions of section 41 of the
CrPC, as stated in paragraph 11.2 of Arnesh
Kumar’s case.
2. The Magistrate must determine if the checklist is
available, as ruled by the Supreme Court in Arnesh
Kumar’s case, paragraph 11.3.
3. Suppose the police fail to comply with paragraphs
11.2 and/or 11.3 of Arnesh Kumar’s case. In that
case, the Magistrate shall not authorise further
detention of the accused and shall release him
immediately, as the arrest is unlawful in and of
itself. Thus his detention would be unlawful as well
due to the police failing to comply with the
requirements of section 41 of the Criminal
Procedure Code.
4. In accordance with paragraph 11.4 of Arnesh
Kumar’s judgement, it is obligatory for the
Magistrate authorising detention to record his
independent satisfaction and to guarantee that his
satisfaction for further remand of the accused is
fulfilled in his order of remand.
5. The Magistrate must also determine whether
specific reasons for the accused’s arrest have been
documented and if those reasons are significant,
leading to a reasonable judgement that one of the
conditions for the accused’s continued custody as
an undertrial has been met.
6. Failure on the part of the Magistrate to perform as
ordered herein may result in administrative
procedures being initiated against such
Magistrate.
Topic – 4
Anticipatory bail

• Anticipatory bail means bail in anticipation of an

arrest.
• Any person who apprehends arrest under a non-
bailable offence can apply to High Court or Court
of Sessions for Anticipatory Bail under the
provisions of section 438 of CrPC.
• It is basically bail before arrest, a person arrested
cannot seek Anticipatory Bail, he would have to
move for a regular bail.
• The words anticipatory bail is neither found in
section 438 nor in its marginal note. In fact,
anticipatory bail is a misnomer.
• When a court grants anticipatory bail, what it does
is
• to make an order that in the event of arrest, the
person shall be released on bail.
• Therefore, the said powers are exclusively vested
with the Court of Sessions and High Courts.
 • OBJECT OF GRANTING ANTICIPATORY BAIL
Right to life and personal liberty is an important right
granted to all the citizens under Article 21 of the Indian
Constitution and it is considered as one of the precious
right. Under Indian criminal law, there is a provision for
anticipatory bail under Section 438 of the Criminal
Procedure Code 1973.
The Law Commission of India, in its 41st Report dated
September 24, 1969 pointed out the necessity of
introducing a provision in the Code of Criminal
Procedure enabling the High Court and the Court of
Sessions to grant “anticipatory bail”. This provision
allows a person to seek bail in anticipation of an arrest
on accusation of having committed a non-bailable
offence. The very basic purpose of insertion of this
provision was that no person should be confined in any
way until and unless held guilty.

• Important factors to be considered while granting

anticipatory bail in India
Based on Section 438(1) of CrPC, the Supreme Court
has enumerated a detailed and exhaustive list of
considerations while deciding anticipatory bail. They
are as follows:-
 • Gravity of crime and role of accused must be
understood before the arrest.
• Previous record of accused, any imprisonment on
conviction in respect of non bailable offence,
should be checked.
• Possibility that applicant will flee from justice.
• Chances of repetition of similar or other offences.
• Intention behind accusation is whether to injure or
humiliate the applicant by arresting him or her.
• Consider the exact role of the accused.
• Reasonable apprehension of tampering with
evidence, witnesses and threatening the
complainant.

Standard conditions while granting anticipatory bail

• Accused should present himself / herself for
interrogation by the investigation office as and
when asked to appear.
• Accused should not directly or indirectly try to
induce, threaten, or promise to any person related
to the case who knows the facts of the case, so
that he can be dissuaded from disclosing the fact
to the court or investigation officer.
 • Accused should not leave the country with prior
permission of the court.
• Any other condition which the honourable court
deems fit.

DISTINCTION BETWEEN ORDINARY BAIL AND

ANTICIPATORY BAIL

ORDINARY BAIL ANTICIPATORY BAIL

Provisions relating to bail are contained Provisions relating to anticipatory bail is

in Sections 436 and 437, Cr.P.C. contained in Section 438 of the Cr.P.C.

The provisions relating to bail were

There was no provision for grant of
contained in the old Code of Criminal
anticipatory bail in the old Cr.P.C, 1898
Procedure, 1898

Bail may be granted to the accused by Anticipatory bail may be granted only by the
any Judicial Magistrate or Court High Court or Sessions Court.

Bail is a post-arrest legal procesS, so it Whereas anticipatory bail is a pre-arrest

is granted only after arrest of the legal process in anticipation of possibility of
person arrest of a person

Bail is ordinarily granted as a matter of

Power to grant anticipatory bail is of an
right in case of bailable offence and it
extraordinary character which is to be used
may also be granted in non-bailable
by the Court in a restricted or infrequent
offences under Section 437, Cr.P.C,
manner.
1973
 • Anticipatory bail as a fundamental right
Under the Constitution of India, every person has a
fundamental right to life and personal liberty. Article
21 is enshrined in our Constitution. The objective of
this article is not to deprive any person of his life or
personal liberty except as per the procedure
established by law. As a person can not prepare their
case for trial from behind the bars, so the provision of
bail in law is provided, to give a fair chance to fight
their case with all possible measures. Apart from that
since an accused is considered innocent until proven
guilty, incarceration in any form brings disrepute to the
person and restricts him from going about his daily
affairs. Hence to avoid such hardships, a person is
provided with the remedy to apply for anticipatory
bail.
Clause 4 was added to Section 438, through
the Criminal Amendment Bill, 2018. The legislature
inserted four clauses under Section 438. According to
the amendment, anticipatory bail cannot be granted to
a person accused of the offence of committing rape on
a woman aged under 16years, under 12 years, gang
rape on a woman aged under 16 years of age and gang
rape of a woman under 12 years of age, punishable
under Section 376(3), 376 AB, 376 DA and 376
DB respectively under the Indian Penal Code
(Punishment of rape) 1860.
Rape is a heinous crime and there should be strict
provisions under law to punish the convict.
However, there is a difference between an accused
and being proclaimed a convict. There are high chances
of an accused being acquitted after a trial and hence
denying the right of bail entirely goes against the spirit
of justice. Rape is a serious crime but nowadays people
go to any level to defame a person to take revenge on
them, therefore the instances of filing false cases of
rape are also increasing. Hence, this amendment
unjustly restricts the right to get anticipatory bail.

Topic – 5
Charges
According to section 2(b) of CrPC charge defines as any
head of a charge when the charge contains more heads
than one.
In simple words, a charge means an accusation. It is a
concrete accusation put up by the magistrate or the
court based on the prima facie evidence accrued
against the accused.
A criminal charge refers to a formal accusation made
by a governmental authority like a public prosecutor or
police asserting that an individual has committed a
crime.
Chapter XVII from section 211 – section 224 deals with
the charge.
• Section 211- Section 217 deals with the form of
charges.
• Section 218 -Section 224 of CrPC deals with the
Joinder of charges. Joinder of charges refers to the
cases when more than one accused is tried for the
charge of the same offence.

BASIS AND PURPOSE

The basic purpose of the charge is to let the accused
know for which offence he is charged so that he can
prepare his defence on that basis. The charges should
be informed to the accused at the very beginning.
Every individual has an equal opportunity to prepare
his defence ad avail justice. In the serious offences, the
statute requires that the charge should be written
down clearly and precisely and read out to the accused
and explained with clarity.
 FRAMING OF CHARGES
Section 211 states the contents which every charge
should include. They are following –
1. The offence for which accused is charged
2. The specific name of the offence if provided then it
shall be mentioned
3. In the absence of a specific name of offence, the
definition should be mentioned.
4. The law and section of the offence
5. The charge should be equivalent to the statement
that states that every condition for charging the
individual for the offence is satisfied.
6. The Charge should be written in the language of
the court
7. When accused is convicted previously of any
offence then the following things should be
considered–
a. If accused is liable for enhanced punishment
b. If accused is liable for punishment of a
different kind
c. The place and date of the precious conviction
should be mentioned in the charge. The court
 can add it any time before the judgement is
passed if omitted.
Section 212
The charge should consist the time, place of the
offence and also mention against whom the offence
was committed.
In cases of criminal breach of trust, misappropriation
then the gross sum of the money or the movable
property in respect of which the offence was
committee should be mentioned.
Section 213
In the case where the nature of the matter isn’t clear
to the accused for which he is charged, in such
situations the particulars of how the alleged offence
was committed should be mentioned in the charge.
Section 214
The charge should be described in the same manner
how its described in the law under which the offence is
punished.

DEFECT IN FRAMING OF CHARGES

There is a situation when anerror in there in the
charges framed against the accused. the provisions
dealing with the case of an error in charge is dealt in
section 215 and 216 must be read with Section 464 of
CrPC.
Section 215
According to the section, any error or omission in
stating the offence or the particulars required to be
stated in the charge shall not be regarded as material
in any stage of the case. the error or omission can be
taken into account only when the accused was misled
by it and it has resulted in the occasioned failure of
justice.
Section 216
According to the section the court has the power to
alter or add to any charge at any time before the
judgement is pronounced and such alteration or
addition should be read and explained to the accused.
Clauses (3), (4) and (5) of the said section deals with
the status of the trial and proceedings after the
alteration or addition of charge.
Section 464
This section states that any finding sentence or order
of a court of competent jurisdiction will not be
considered invalid on the ground that no charges were
framed or if there was any error omission or
irregularity in the charge. Or misjoinder of charge.
The findings sentence or order of the said court can be
deemed invalid only when the court of appeal opines
that there was a failure of delivery of justice.
If no valid charge can be framed in the case against the
accused then the court shall quash the conviction of
the accused.

LANDMARK CASES
1. State of Maharashtra v. Som Nath Thapa [1]
In this case, the Hon’ble court held that at the stage of
framing of charges the court needs to apply its mind to
the question whether or not there is any ground for
presuming that the offence is committed by the
accused.
• V.C Shukla v State through CBI[2]
Justice Desai in the case delivered the judgement that
the purpose of framing a charge is to give intimidation
to the accused of clear, unambiguous and precise
notice of the nature of accusation that the accused is
called upon to meet in the course of a trial.
• State of Himachal Pradesh v. Tara Dutta[3]
The Hon’ble court held that the accused can be
convicted for minor offences if facts established to
indicate that the accused has committed that in a case
when the accused was prior charged for any major
offences but was not found guilty.

Topic – 6
Joinder of charge

• JOINDER OF CHARGES
According to Section218the basic rule for charging a
person for distinct offences for which he is accused, a
separate charge shall be framed and every charge
should be tried separately.
The sections 219, 220, 221 and 223 are an exception to
the basic rule of the trial of accused as mentioned in
section 218.
Section 219
In the case where an individual is charged for three
offence which is of the same kind and punished with
the same amount of punishment under the same
section of Indian Penal code, 1860 within a year, then
the accused can be tried at one trial for the offence not
more than three.
Section 220
According to the section when the accused is charged
with an offence forming a series of acts and the acts
are part of the same transaction and more than one
offence is committed by such series of acts then the
accused may be charged and tried for all the offences
in one trial.
Section 221
In cases where its not clear that for which offences the
accused will be charged for a single act or series of
acts, then in such situation the accused can be charged
for committing All offences or Any of such offence. The
accused shall be tried for such charges in one trial or
he can be tried for an alternate offence having
committed someone of the said offences.
Section 222
It deals with the circumstances under which an
accused can be convicted of an offence of which he
was not charged at the beginning of the trial.
Section 223
The section provides the types of persons who can be
charged jointly, such as accused persons who have
committed the same offence in the course of same
transaction etc.
Section 224
The section deals with the withdrawal of remaining
charges when one of the several charges has received a
conviction.

In the case of K. Satwant Singh v. State Of Punjab AIR

1960 SC 266, that the sections of joinder of charges are
not compelling in nature. They only permit the joint
trial of charges under certain circumstances, and the
courts may consider the same in the interest of the
administration of justice after thoroughly studying the
facts and circumstances of each case.

Topic – 7
Trial of Summons and Warrant Cases.

• Summons Case
The definition of the summons case is given in 2(w)
in the Code Of Criminal Procedure, 1973; the summons
case means a case related to an offense which is not a
case of warrant. Procedure of summon case is defined
under chapter 20 of Code of criminal procedure. Any
offense, punishable with a fine of Rs. 50 /-, then such a
case is summons case
1. There is no need to frame formal charges in
summons cases.
2. The accused may be convicted or acquitted.
3. Summons case once completed cannot be
reopened.
4. In summons case the complainant can withdraw
his complaint. The effect of this would be to acquit
the accused.
5. Summons are usually issued to the accused in
summon cases.
6. The question of punishment in the summons case
does not require hearing of the accused.
7. There is generally no need for an argument before
the prosecution in summons cases.

Procedure of Trial of Summons Case

The process of trial for summon cases is less concise in
nature. The procedure of the summon cases is as
follows: –
1. Explaining the substance of allegation to the
accused (Section 251): – When an accused
appears before the court, the allegations made
against him shall be explained to him. But under
this section, it is not mandatory to frame the
charge against him.
2. The Conviction On Plea of Guilty (Section 252):
– After explaining the allegations of the offence to
the accused, if he pleads guilty then the
Magistrate can record the exact words of the
accused and may convict him for further
proceedings. In case the accused not accepted the
plea of guilty, Magistrate can proceed with Section
254.
3. The Absence of Accused (Section 253): – If the
accused before appearing the Magistrate has to
plead guilty, he can send a letter by post or
messenger and the letter must contain the plea of
the accused also the fine amount specified in the
summons. The Magistrate at his discretion convict
the accused and order him to pay the fine, or if a
lawyer is presented for the accused before the
Magistrate and pleads guilty on behalf of accused,
the Magistrate can record the words used by the
lawyer and move to further proceedings.
4. The Procedure When The Accused Is Not
Convicted On Plea (Section 254): – If the accused
is not convicted on plea under Section 252 and
Section 253, then for prosecution and the defence
part Section 254 is provided. The magistrate after
hearing the accused, he calls the prosecution to
open the case by presenting all the facts,
circumstances related to the case and the
evidence. The Magistrate on the application of
prosecution issue summons to the witnesses to
appear before the Court or to present any
documents relating to the facts of the case. The
Magistrate takes all the evidence and may be
produced in support of the prosecution.
5. Acquittal or Conviction (Section 255): – The
Magistrate after taking the entire evidence
produced in the case, finds the accused is not
guilty, he can order acquittal and if the Magistrate
finds the accused guilty, he is required to pass
sentence according to the law. However,
considering the nature or circumstances of the
offence and the character of the offender, the
Magistrate can order for admonition or probation
of good conduct under Section 360 or Section 325
of the Code.
6. Death or Non-Appearance of the
Complainant (Section 256): – If the complainant
has not appeared before the court on the date
fixed for appearance, the Court can acquit the
accused unless the Court has reason to adjourn
the case to another day. In sub section 1 of 256,
the complainant not appeared before the Court
due to the death of complainant, the defendant
can be acquitted. In S.Rama Krishna vs. Rami
Reddy it was held by the Supreme Court that in
case the representative of the dead complainant
not appeared for 15 days then the defendant can
be acquitted.
7. The Withdrawal of Complaint (Section 257): – The
complainant can withdraw the case before the
final judgement by satisfying the Magistrate that
there is no ground for continuing the complaint on
the accused and if there is more than one accused,
against all, the Magistrate allows the Complainant
to withdraw the case.
8. Discharge of Summons Case (Section 257):
– Under Section 258, a Magistrate of First Class
with the previous sanction of the Chief Judicial
Magistrate, or any other Judicial Magistrate for the
reasons recorded can stop the proceedings and if
 the proceeding is stopped after the evidence
recorded then it is a judgement of acquittal, if the
proceeding is stopped before the record of
evidence then it is released with the discharge of
the case.

• What is Warrant Case?

Meaning of 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. They are usually the cognizable
offences which are serious or grievous in nature and in
which the police arrests without warrant. Procedure of
Warrant case is defined under chapter 19 of Code of
criminal procedure. In Warrant cases charge is framed
against the accused. The definition of the warrant case
is given in 2 (x) in the Code Of Criminal Procedure,
1973.
The criteria of summons case and warrant case
determine the period of conviction in any offense,
punishable with a fine of Rs. 50/-, then such a case is
summons case.
In any case the issue of summons or warrant does not
change the nature of the case, the warrant is issued in
the summons case, and it does not make the case a
warrant case. A warrant is issued with an objective of
bringing accused to the court, who’ve not appeared to
the court, even after he/she is summoned.

• Procedure of Trial of Warrant Case

Section 220-237 of the Criminal Procedure Code lays
down the procedure for trial of warrant cases before a
Court of Sessions established on police report and
accordingly the procedure for trial is as follows: –
1. Trial to be conducted by the Public Prosecutor
(Section 225): – Before a Court of Session, the
prosecution shall be conducted by the Public
Prosecutor. The Public Prosecutor represents the
State in all the trials before the Court of Sessions.
2. Opening Case For Prosecution (Section 226):
– When the accused commits an offence under
Section 209, and the accused is brought before the
Court, the Prosecutor shall open his case by
explaining the charge against the accused and
states the evidence he proposes to prove the guilt
of accused. It is not necessary to include the full
documents of evidence to present before the
Court of Sessions during the opening of
prosecution. The Prosecutor is required to address
 the witnesses of the case and whom he proposes
to call.
3. Discharge (Section 227): – The Court, after
consideration of the records of the case and the
documents submitted, and hearing the
prosecution and the accused, if the judge
considers that there is no sufficient ground for
proceeding against the accused, he shall discharge
the accused under Section 227. And it is necessary
to record the reasons for discharging of accused.
4. Framing Of Charge (Section 228): – The Court,
after considering the record of cases and
documents as evidence and hearing the
prosecution and the accused, if it is found that the
accused has committed the offence, and
exclusively triable in Court of Session, he will
frame the charge against the accused. If the case is
not exclusively triable in Court of Session, the
judge may frame the charge and transfer the case
to Chief Judicial Magistrate or any other Judicial
Magistrate of First Class.
5. Conviction on Plea of Guilty (Section 229):
– Under this section, the Court can accept the plea
of the accused and he also ensures that the plea of
the accused is made by himself, not under any
 influence. The judge after recording the plea may
in his discretion convict the accused.
6. Date for Prosecution Evidence and Evidence for
Prosecution: – Under Section 230 and 231
respectively, If the accused refused to plead guilty
or does not plead, or claim to be tried then the
Judge may issue any process for compelling the
production of any document or for the attendance
of the witness or other thing. The judge shall
proceed to take all the evidence produced by the
Prosecution.
7. Acquittal (Section 232): – If there is no evidence
against the accused then the judge can order
acquittal under Section 232 or the evidence
submitted by the prosecution against the accused,
if the court found it as groundless then a judge can
order an acquittal.
8. Defence (Section 233): – If the accused is not
acquitted the steps for defence may starts and he
shall be entered on his defence to produce the
evidence in his support. The evidence produced by
the defence in written form will be filed by the
Judge as a record.
9. Judgement Of Acquittal or Conviction (Section
234): – After hearing the arguments (Section 234
 CrPC), the judge will decide the case. The
judgement of acquittal or conviction is only after
the hearing of both the prosecution and the
defence. Section 236 of CrPc states that, if the
accused is convicted previously under Section
211(7) and if the accused not admitting the
previous conviction, then the judge may call for
the evidence of the previous charge.
Section 238-250 of the Criminal Procedure Code lays
down the procedure for trial of warrant cases by
Magistrate established on police report and
accordingly the procedure for trial is as follows: –
1. Section 207 CrPC: – On the institution of any
warrant case the accused must be provided with a
copy of the police report and other documents
when the accused appears or is brought before the
Magistrate at the beginning of the trial.
2. Discharge of accused on baseless charge (Section
239): – The Magistrate shall consider every report
on receipt of the police report and other
documents and making it available to the accused.
He shall be given a reasonable opportunity of
being heard to the accused and the prosecution
(commonly called a charge argument); the
magistrate will investigate the accused if
 necessary. If the magistrate finds that the
allegation against the accused is baseless, he shall
acquit the accused under section 239. He will also
investigate prima facie of the case.
3. Framing of charges (Section 240): – If the
Magistrate is of opinion that there is ground to
believe that the accused has committed an offense
and is competent to try such offense which in his
opinion may sufficiently punish the accused. Then
the charge will be framed against the accused in
writing and the trial will start.
4. Conviction of charge of guilty: – If the accused
pleads guilty, the Magistrate shall record the plea
and may in his discretion convict him.
5. Evidence for Prosecution (Section 247): – If the
accused denies to be guilty and claims to be
prosecuted, the Magistrate shall fix the date for
examination of the witnesses u/s 247. The accused
refused to plead, or does not plead, or claims to be
tried the Magistrate fix a date for the examination
of prosecution witnesses. And the Magistrate, on
the application of the prosecution, will issue a
summons to any person as a witness and ask him
to produce the documents.
 6. Statement Of Accused (Section 313): – Under
Section 313 CrPc accused is examined to explain
the circumstances appearing in evidence of the
case against him. During the examing of the
accused the questions and answer which given is
recorded.
7. Evidence for Defense (Section 243): – Under
section 243 of the prosecution witnesses, the
defense witnesses are produced by the accused,
the expenses on coercing the appearance of the
witnesses shall be borne by the accused. The
accused enters upon the defence and produce the
evidence and if the accused puts in a written form,
the Magistrate file it to record.
8. Argument and Judgement: – The last two stages
are consist of argument and the judgement by the
Magistrate. The argument is when the defence
complete with their evidence, and Prosecutor sum
up the case and the accused or his lawyer has to
reply on it. After the argument, the next stage is
acquittal or conviction of the accused by the
Magistrate.

Difference between Warrant case and Summons case

S.NO. WARRANT CASE SUMMONS CASE

1. In Warrant case, the punishment is of death In summon case, the punishment will not
penalty, life imprisonment or imprisonment more exceed more than 2 years.
than 2 years.

2. Procedure of Warrant case is described under Procedure or summon case is described

Chapter-19 of CrPC from Section 238 to section under Chapter-20 of CrPC from Section 252
250. to section 259.

3. It is mandatory to frame charges against accused. It is not mandatory to frame charges against
accused.

4. Its objective is to notify the person about the legal To bring the accused to the court who has
obligation to appear in the court. ignored the summons and did not appear to
the court.

5. In this, authority is given to police officer to bring In this, instructions are to produce any
and produce the accused to the court. documents or other thing in the court.

Topic – 8
Summary trial

Summary trial has been discussed under Chapter 21 of

the Criminal Procedure Code under section 260 to 265.
The procedure for summary trial is the same as that of
summons cases under Chapter 20 of the Criminal
Procedure Code. In the summary trial, the punishment
cannot be for more than three months.
• Competent Magistrate
• Offences that can be tried summarily
 • Procedure
• Punishment in Summary Trials
• Record in Summary Trial
• Judgement in cases tried summarily
Competent Magistrate
The following Magistrate may try the case summarily:
• Chief Judicial Magistrate – Section 260(1)(a)
• Metropolitan Magistrate – section 260(1)(b)
• Judicial Magistrate Class I empowered by High
Court – Section 260(1)(c)
• Judicial Magistrate Class II empowered by High
Court- Section 261
Offences that can be tried summarily
Offences listed under section 260(1)(i) to 260(1)(ix) can
be tried summarily;
• (i) offences not punishable with death, life
imprisonment, or sentence of more than two years
• (ii) theft (value of stolen goods not more than two
thousand rupees)
• (iii) receiving and retaining stolen property (the
value of stolen goods not more than two thousand
rupees)
 • (iv)assistance in concealment and disposal of
stolen property (the value of stolen goods not
more than two thousand rupees)
• (v) Section 454 and 456 IPC
• (vi) insult with intent to provoke a breach of peace
and criminal intimidation
• (vii) abetment of any of the listed offences
• (viii) the attempt of any of the listed offences
• (ix) act regarding which a complaint has been
made under section 20 of the Cattle Trespass Act
1871
Procedure
The procedure to be followed in the summary trial is
the same as that in summons cases.
• 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
• Section 254 – procedure when not convicted
• Section 255 – acquittal or conviction
• Section 256 – non-appearance or death of the
complainant
 • Section 257 – withdrawal of the complaint
• Section 258 – power to stop proceedings in certain
cases
• Section 259 – power of court to convert summon
cases to warrant case
Punishment in Summary Trials
According to section 262(2), punishment in a summary
trial cannot exceed more than three months.
According to section 260(2), during the summary trial,
if it appears to the Magistrate that it is undesirable to
try the case summarily, the Magistrate may recall the
witness already examined and rehear the case in any
other manner provided in the code.
Record in Summary Trial
The following information is to be filled in the form
prescribed by the state government:
1. Serial number of case
2. Date of commission of the offence
3. Date of report or complaint
4. Name of complainant
5. Name parentage residence of accused
6. Offence complained of
 7. Plea of accused and his examination
8. Finding
9. The sentence or other final order
10. The date on which the proceedings
terminated
Judgement in cases tried summarily
According to section 264, in a summary trial in which
the accused doesn’t plead guilty, the Magistrate shall
record the substance of the evidence, and he shall then
deliver a judgement.
According to section 265, High Court may authorize
any Magistrate or any officer appointed by Chief
Judicial Magistrate to try a case summarily or to
prepare such record or to give judgement.

Topic – 9
Trial before court of sessions

The word ‘trial’ is undefined in the Criminal Procedure

Code. The trial can be defined as a type of inquiry with
the object to determine the guilt or innocence of the
accused person. Warrant cases are triable either by the
Court of Session or Magistrate, whereas the summon
cases are triable only by a Magistrate.
Please note that the Court of Session doesn’t take
direct cognizance of the cases, but the cases are
committed to the Court of Session under section 209 of
the Criminal Procedure Code by the Magistrate if it is
exclusively triable by Session court.
It is to be noted that Session Court tries those offences
which are punishable with more than seven years, life
imprisonment, or death. Section 199(2) of the Criminal
Procedure Court provides with the exception that in
case of defamation of high dignitary or public official, a
written complaint can be filed by the public
prosecutor, and the Court of Session can take direct
cognizance here.

• Procedure for Regular Trial

According to section 225 of the Criminal Procedure
Code, the trial before the Court of Session will be
conducted by the Public Prosecutor.
• Section 226: Opening Case for the Prosecution
• Section 227: Discharge
• Section 228: Framing of Charges
 • Section 229: Conviction on Plea of Guilty
• Section 230: Date for Prosecution Evidence
• Section 231: Evidence for Prosecution
• Section 232: Acquittal
• Section 233: Entering Upon the Defence
• Section 234: Arguments
• Section 235: Judgement
• Section 236: Previous Conviction
Section 226: Opening Case for the Prosecution
When the case is committed to the Session Court, and
the accused appears before the Court of Session, the
case will be opened for prosecution by the Public
Prosecutor by describing the charge and stating
the evidence.
Section 227: Discharge
Discharge is a mere suspension of the trial. After
considering the evidence, if the judge considers there
aren’t sufficient grounds for proceeding against the
accused, he’ll discharge the accused after recording the
reason. It will be a speaking order. According to section
319 of the Criminal Procedure Code, Session Court has
the power to add any person against whom there
appears sufficient evidence of his involvement in the
case and direct him to be tried with other accused.
Section 228: Framing of Charges
When the case is not exclusively triable by the Session
Court, the judge may or may not frame the charges
and would transfer the case to the Chief Judicial
Magistrate.
When the case is exclusively triable by the Session
Court, the judge shall frame the charges. The charge
then shall be read and explained to the accused. The
accused shall then be asked if he pleads guilty or claims
to be tried.
Section 229: Conviction on Plea of Guilty
It is the judge’s discretionary power. If the accused
pleads guilty, his plea will be taken on record, and the
judge, upon his discretion, shall convict the accused or
fix the date for prosecution evidence under section
230 of the Criminal Procedure Code.
Section 230: Date for Prosecution Evidence
Suppose the accused claims to be tried or does not
pleads or refuses to plead or is not convicted
under section 229 of the Criminal Procedure Code. In
that case, the date will be fixed for examination of the
witness or issue of process to call a witness or for
production of any object or thing.
Section 231: Evidence for Prosecution
On the date so fixed, the judge shall record the
evidence. The judge, upon his discretion, shall
postpone the cross-examination of the witness until
other witnesses are examined or recall any other
witness for cross-examination.
Section 232: Acquittal
The court can acquit the accused if there is no
satisfactory or conclusive evidence that he committed
any offence.
Section 233: Entering Upon the Defence
In case the accused is not acquitted, he shall enter
upon his defence and adduce his evidence. He may file
his written statement or application for issue of any
process. But such application will not be accepted if it
is with the intent to cause delay or vexatious in nature.
Vexatious means ‘disorderly’ or ‘instituted without
sufficient grounds and serving only to annoy the
defendant’.
Section 234: Arguments
When the evidence from the defence is concluded, the
prosecution shall sum up the case, and then the
defence is entitled to reply.
Section 235: Judgement
After hearing the arguments, the judge shall deliver the
judgement where he shall either acquit or convict the
accused. If the accused is to be convicted, there shall
be a hearing on the question of sentence.
In Allauddin Mian vs State of Bihar, it was held that
hearing on the question of sentence is mandatory.
Section 236: Previous Conviction
Where a previous conviction is charged under section
211(7) of the Criminal Procedure Code, and the
accused refuses to admit it, the judge may, after
conviction, take evidence regarding that previous
conviction.

Topic – 10
Discharge and Acquittal.

Definition of Acquittal
Acquittal is the verdict given by the judge, that legally
confirms the innocence of the accused. Hence, it is
given when the court finds that the accused has not
committed the crime, charged on him. It implies that
the prosecutor remained unsuccessful to prove in the
court that the case is beyond a reasonable doubt.
Now, you must be wondering what does reasonable
doubt means?
Basically, reasonable doubt is a standard of proof, of a
supreme level, which needed to be provided to obtain
a guilty verdict.
When Acquittal is given?
• The decision is given when after examination of
the evidence and arguments regarding the case
provided by the prosecution and defence, the
Judge is of the view that the accused is innocent,
as there is no strong evidence that supports the
commission of the offence by the accused,
Acquittal is given.
• Hence, there is no such evidence submitted to the
court that confirms the commitment of the crime
by the accused only.
• If, on the evaluation of the evidence received
against the accused, provided by the prosecution,
the judge believes that there is no solid proof
which indicates that the accused has committed
 the offence, the judge orders Acquittal of the
accused as per section 232 of the Criminal
Procedure Code.
• Nevertheless, when the offender is not acquitted
by the court under section 232, he/she will be
allowed to give defence and evidence. And after
considering the arguments of the two sides, the
court may acquit the accused under section 233 of
CrPC.

Definition of Discharge
According to Section 227 of the Criminal Procedure
Code, on considering the record of the case and
documents submitted in relation to the case, and after
hearing both the parties, the Judge believes that there
are not enough grounds for further proceedings
against the accused, the accused shall be discharged.
So, the accused can be discharged when sufficient
evidence is not present against him. The court has to
state why the accused has been discharged from the
case.
Important: Discharge of the accused can be given by
the Judge only after taking into account the formal
statement by one of the parties to the case, in the
charge sheet or the concerned case law.
Elements of Discharge
The court must take into account the charge sheet and
documents presented, by the Police. The essential
elements of Discharge are:
1. The Magistrate may examine the Accused if
required.
2. Equal opportunity is given to both parties of being
heard.
3. Charges imposed on the accused are baseless and
false, in the view of the magistrate.
When the aforementioned conditions are met, the
accused shall be discharged
Cases when Session Judge is obligated to Discharge
the accused
• Cases in which the evidence provided are not
enough.
• Cases in which there is the absence of any legal
ground against the person who has been charged
with the offence.
• Cases in which permission has not been obtained.
 • Cases in which prosecution is barred by limitation,
i.e. the suit is taken to the Court, after the
expiration of the stipulated term by which the
proceedings should have been started in the court
of law, will be limited.
• Cases in which the accused has been prevented
from proceedings due to a foregoing judgement of
the High Court.

• Comparison Chart
BASIS FOR
ACQUITTAL DISCHARGE
COMPARISON

Meaning Acquittal means legally Discharge means a legal

freeing the accused, order of release given by
when he is found the magistrate when the
innocent by the court, grounds on which he/she is
after considering all the arrested came out as false
facts and evidence or unsubstantiated.
submitted in this regard.

What is it? Verdict in a criminal case, Order in a criminal case, of

of not guilty of the not sufficient grounds for
offence. legal proceedings

Rearrest An acquitted person A person who is discharged

cannot be rearrested on can be rearrested on the
the same grounds. same grounds.
 BASIS FOR
ACQUITTAL DISCHARGE
COMPARISON

Results from Complainant or Any evidence against the

the absence of withdrawal or accused.
compounding of offence.

Charges A person can be A person can be acquitted

discharged before only after the framing of
framing charges. charges.

Innocence Acquittal is ordered when Discharge is given because

the innocence of the of the non-availability of
accused is proven after a any prima facie evidence
full inquiry in a judicial against the accused.
process.

Second Trial Restrains the second trial Fresh proceedings can be

initiated