Procedure

The procedure for criminal trials is provided in the Criminal Procedure Code. Some types of minor offences, such as offences against the Motor Vehicles Act, those relating to weight and measures, petty theft, offences under the Cattle Trespass Act, etc. are tried summarily and disposed of without an elaborate and lengthy trial. The accused is called before the court and the substance of accusation (charge) is explained to him. He is asked to admit or deny the truth of the accusation; and if he denies it, evidence in support thereof is examined at once. Some other offences, also of a minor nature, are tried as summon cases. This means that when the accused is brought before a Magistrate, he is told the nature of the accusation made against him and is asked to offer his explanation. If he admits the truth of the accusation, he may be convicted and sentence forthwith. If he professes innocence, the Magistrate proceeds to the evidence against him. The accused can then make another statement and call for defence evidence. The more serious offences are tried as warrant cases. Once before the court, the accused should get trial, otherwise he will be confined to jail. All offences for which the maximum punishment provided is more than six months' imprisonment are called warrant cases. The procedure for dealing with these is slightly different. When the accused person is brought before the court in a warrant case, the Magistrate does not question him till at least some of the prosecution evidence has been heard. A formal charge, setting out the nature of the accusation or offence is drawn up and the accusation is asked whether he pleads guilty or not. The object of this is to give the accused person full opportunities to refute the charge against him which involves a more elaborate procedure. Also he has too opportunities to cross examine the witnesses appearing for him. The Sessions trials are preceded by a magisterial enquiry which is intended to sift the cases before they are committed to Sessions. Generally, the Magistrates are rather chary of assuming the responsibility of throwing out even a bad case and the preliminary enquiry-or commitment proceeding as it is called usually ends in a commitment to Sessions . A Sessions trial is held by the Sessions Judge.

              After the evidence in the case is recorded and arguments heard, the Sessions Judge addresses the accused. He explains the charge against the accused, comments on the evidence produced by the prosecution and by the defence and then poses certain questions to the accused. After hearing the parties or their advocates, the judge determines whether the accused is guilty or not .If he is not guilty, he is acquitted and if found guilty, the person is given an opportunity  to show cause why a particular sentence as provided in law should not be passed against him.