CHAPTER XIX TRIAL BEFORE A COURT OF SESSION
S. 248 - 260
248 Trial to be conducted by Public Prosecutor
249 Opening case for prosecution
250 Discharge
251 Framing of charge
252 Conviction on plea of guilty
253 Date for Prosecution evidence
254 Evidence for prosecution
255 Acquittal
256 Entering upon defence
257 Arguments
258 Judgment of acquittal or conviction
259 Previous conviction
260 Procedure in cases instituted under sub-section (2) of section 222
248. Trial to be conducted by Public Prosecutor
In every trial before a Court of Session,
the prosecution shall be conducted by a Public Prosecutor.
249. Opening case for prosecution
When the accused appears or is brought before the Court, in pursuance of a
commitment of the case under section 232, or under any other law for the time being
in force,
the prosecutor shall open his case by describing the charge brought against the
accused, and
stating by what evidence he proposes to prove the guilt of the accused.
250. Discharge
1. Application by accused
The accused may prefer an application for discharge within a period of 60 days from
the date of commitment of the case under section 232.
2. Discharge of accused
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,
If 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.
251. Framing of charge
1. If there is ground for prosecution
After such consideration and hearing as aforesaid,
If the Judge is of opinion that there is ground for presuming that the accused has
committed an offence which —
a. Transfer for magistrate trial
the case 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 such court, 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. Frame the charge
The case is exclusively triable by session Court,
he shall frame in writing a charge against the accused within a period of 60 days from
the date of first hearing on charge.
2. Explain the charge
Where the Judge frames any charge
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.
252. Conviction on plea of guilty
If the accused pleads guilty,
the Judge shall record the plea and
may, in his discretion, convict him thereon.
253. Date for Prosecution evidence
If the accused refuses to plead, or does not plead, or claims to be tried or is not
convicted under section 252,
the Judge shall fix a date for the examination of witnesses, and
on the application of the prosecution, he may issue any process for compelling the
attendance of any witness or the production of any document or other thing.
254. 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:
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.
255. Acquittal
After taking the evidence for the prosecution,
examining the accused and
hearing the prosecution and the defence on the point,
If the Judge considers that there is no evidence that the accused committed the
offence, the Judge shall record an order of acquittal.
256. Entering upon defence
1. Where the accused is not acquitted under section 255,
2. he shall be called upon to enter on his defence and adduce any evidence he may have
in support thereof.
3. If the accused puts in any written statement, the Judge shall file it with the record.
4. Application for issuing of process
If the accused applies for the issue of any process for compelling the
attendance of any witness or the production of any document or thing,
the Judge shall issue such process
unless he considers, for reasons to be recorded, that such application should be
refused on the ground that it is made for the purpose of vexation or delay or
for defeating the ends of justice.
257. Arguments
When the examination of the witnesses (if any) for the defence is complete,
the prosecutor shall sum up his case, and
the accused or his advocate shall be entitled to reply.
Question of law –
Provided that where any point of law is raised by the accused or his advocate,
the prosecution may, with the permission of the Judge, make his submissions with
regard to such point of law.
258. Judgment of acquittal or conviction
1. After hearing arguments and points of law (if any), the Judge shall give a judgment in
the case, as soon as possible, within a period of 30 days from the date of completion
of arguments, which may be extended to a period of 45 days for reasons to be
recorded in writing.
2. If the accused is convicted, the Judge shall, unless he proceeds in accordance with the
provisions of section 401, hear the accused on the questions of sentence, and then pass
sentence on him according to law.
259. Previous conviction
In a case where a previous conviction is charged under the provisions of sub-section
(7) of section 234, and
the accused does not admit that he has been previously convicted as alleged in the
charge,
after he has convicted the said accused under section 252 or section 258, the Judge
may take evidence in respect of the alleged previous conviction, and shall record a
finding thereon.
Provided that no such charge shall be read out by the Judge nor shall the accused be
asked to plead thereto nor shall the previous conviction be referred to by the
prosecution or in any evidence adduced by it, unless and until the accused has been
convicted under section 252 or section 258.
260. Procedure in cases instituted under sub-section (2) of section 222
(1) Procedure of trial
A Court of Session taking cognizance of an offence under sub-section (2) of section
222 shall try the case in accordance with the procedure for the trial of warrant-cases
instituted otherwise than on a police report before a Court of Magistrate.
Examination of victim
Provided that, the person against whom the offence is alleged to have been committed
shall be examined as a witness for the prosecution.
unless the Court of Session, for reasons to be recorded, otherwise directs,
(2) Trial in camera
Every trial under this section shall be held in camera
if either party thereto so desires, or if the Court thinks fit so to do.
(3) Show cause notice for false accusation
If, in any such case, the Court discharges or acquits all or any of the accused and
is of opinion that there was no reasonable cause for making the accusation against
them or any of them,
it may, by its order of discharge or acquittal, direct the person against whom the
offence was alleged to have been committed to show cause why he should not pay
compensation to such accused or to each or any of such accused, when there are more
than one.
It is not applicable in the matter of President, the Vice-President or the Governor of a
State or the Administrator of a Union territory.
(4) Compensation for false accusation
The Court shall record and consider any cause which may be shown by the person so
directed, and if it is satisfied that there was no reasonable cause for making the
accusation, it may, for reasons to be recorded, make an order that compensation to
such amount not exceeding 5000 rupees, as it may determine, be paid by such person
to the accused or to each or any of them.
(5) Recovery of compensation
Compensation awarded under sub-section (4) shall be recovered as if it were a fine
imposed by a Magistrate.
(6) Civil or criminal action
No person who has been directed to pay compensation under sub-section (4) shall, by
reason of such order, be exempted from any civil or criminal liability in respect of the
complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken
into account in awarding compensation to such person in any subsequent civil suit
relating to the same matter.
(7) Right to appeal
The person who has been ordered to pay compensation may appeal from the order, in
so far as it relates to the payment of compensation, to the High Court.
(8) Payment timing for compensation
When an order for payment of compensation to an accused person is made,
the compensation shall not be paid to him before the period allowed for the
presentation of the appeal has elapsed, or,
if an appeal is presented, before the appeal has been decided.
