What Is The Difference Between Trial By Magistrate And Sessions Court?

 A criminal trial is a stage that starts after the accusation is framed and continues with a conviction or acquittal, and it may be understood by understanding how criminal courts operate procedurally. To defend a criminal trial, it is required that the accused takes advice from the best criminal lawyer in Noida.

Types of Trials under Code of Criminal Procedure:

A trial under the procedure given by the criminal code must be dealt with by a legal expert and such expertise is applied by a criminal lawyer in Ghaziabad.

Complaint to Magistrates: If the local police station and the superior officer decline to file an FIR, the informant/complainant may go before the magistrate under Section 156(3) of the Criminal Procedure Code to request that the police conduct an investigation into the matter and further issue a process ordering the superior police officer with jurisdiction to detain the Accused and file an FIR. This procedure has been covered in Chapter XV under the provision of Section 200 of the Criminal Procedure Code. Sections 200 to 210 of the Cr PC outline the trial procedure when a private complaint is brought before the magistrate.

Sessions Trial: The code categorises several case types that the Sessions Judge can try.

When the accused appears in front of the magistrate pursuant to Section 209 of the Cr PC, the magistrate shall further commit the case to the Court of Sessions. Chapter XVIII of the Cr PC, sections 225 to 237, contains provisions for a Sessions Case trial. A crime must also carry a sentence of more than seven years in jail, life in prison, or death in order for the Court of Sessions to hear the case. The Sessions Court hears cases involving all sexual offences committed against women and children.

Warrant Cases: Warrant Triable Cases are categorised under chapter XIX.

Offences that carry a sentence of at least two years in prison, but not more are prosecuted as warrant cases. Either an FIR is filed in a police station or a complaint is brought before a magistrate to start a warrant case trial. Section 230 to 250 of the Criminal Code deals with the procedure for trial.

Summons Case: Those crimes whose sentences do not last longer than two years are classified as summons cases. Sections 251 to 259 of Chapter XX of the Code outline the summons procedure for trials.

Summary Trial: A warrant and summons case's trial procedure is similar to that of a summary trial case. The distinction is because the evidence in such trials is not thoroughly explored, and the offences are primarily minor ones. From sections 260 to 265 of Chapter XXI of Cr PC, summary trials are covered in depth. Any conviction under this Chapter shall not result in a sentence of imprisonment for a period exceeding three months.

Procedure For Trial of Cases by Magistrate: (Section 238-243)

•The accused is summoned before the magistrate for the resumption of the trial whenever a warrant case is filed based on a police report, and the magistrate must ensure that he has complied with Section 207.

•After hearing all sides and taking into account all pertinent information, if the magistrate determines that the accusations made against the accused are demonstrably unfounded, he or she must release the defendant with a justification that must be documented.

•If the magistrate believes that there is cause to believe that the accused committed the crime after taking the examination into account, then the case will be tried by a qualified magistrate who will determine the appropriate punishment and formulate charges against the accused.

•If an accused individual admits to the crime he committed, the magistrate must record the plea and may, at his discretion, find the accused guilty.

•The magistrate will set a date for the witness examination if the accused declines to enter a plea in accordance with Section 241. All copies of the statements made by witnesses during the police officer's inquiry must be provided by the magistrate.

•The accused is given the chance to present his defence and present evidence to protect himself, and if the accused makes any written statements, the magistrate will record them. After weighing the evidence, the magistrate shall acquit or convict the accused.

Procedure of Trial by Sessions Court: (Section 225-237)

•The Prosecutor introduces his/her case by opening arguments where he/she must justify the charges of the offence against the accused.

•If the judge determines that there is insufficient evidence to proceed against the accused, the accused will be released. After reviewing the paperwork, interviewing the accused and the prosecution, and issuing a discharge, the court.

•If the judge determines that there are sufficient grounds to proceed after reviewing the paperwork and records and considering the statements made by both the prosecution and the accused, then the charge can be framed.

•The judge reads and explains the charges to the accused before asking him to enter a plea of guilty or not.

•The accused has the option of pleading guilty or not guilty. If the accused does not plead guilty and demands to be tried, a date shall be appointed by the Judge for evaluating the witness and issuing a process to ensure the attendance of the witness. On examination of witnesses, if the accused is found guilty then he shall be convicted.

Magistrate Courts try cases that are liable to a punishment of 7 years maximum imprisonment. Even if the IPC stipulates a sentence of more than 7 years, a Magistrate of First Class is not permitted to impose one. Sessions Courts hear trials that typically carry sentences ranging from 10 years to life in prison. Judges in sessions have the authority to impose life sentences. Sessions judges can also award death sentences, but those have to be confirmed by the High Court. A sessions court trial or trial in the court of the magistrate can be dealt with by seeking legal advice from a criminal lawyer in Gurgaon.

Location: Laxmi Nagar, Block S1, Nanakpura, Shakarpur, New Delhi, Delhi 110092, India

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