Cr.PC One Liner Study Notes

0
3751
  • Persons accused of an offence and the persons accused of abetment or attempt to commit such offence may be charged together. (Sec 223(b))
  • Persons accused of different offences committed in the course of the same transaction may be tried together. (Sec 223(d))
  • Persons accused of an offence which includes theft, extortion, cheating or criminal misappropriation and retaining of such property may be charged together. 
  • Withdrawal of remaining charges on conviction on one of several charges is provided in section 224.
  • Complainant with the consent of the court or the court on its own withdraws charges against the accused. (Sec 224)
  • Such withdrawal will have the effect of an acquittal on such charge. (Sec 224)
  • Crpc provides for trial before a Court of Sessions from section 225 to 237.
  • Prosecution case shall be presented by public prosecutor. (Sec 225)
  • The prosecution shall open the case by describing the charge brought against the accused and stating by what evidence he proposed to prove the guilt of the accused. (Sec 226)
  • If upon considering the record of the case and documents submitted, the judge considers that there are not sufficient grounds for proceeding against the accused, he shall discharge the accused and record his reasons. (Sec 227)
  • If court is of the opinion that the accused has committed the offence but the case is not exclusively triable by Court of Sessions then the court may or may it frame the charges and transfer the case to Chief Judicial Magistrate or Judicial Magistrate 1st class. (Sec 228)
  • If the case was exclusively triable by Court of accused then the court will ask if the accused pleads guilty. If the accused pleads guilty then the judge shall record the plea and may convict him thereon. (Sec 229)
  • If the accused refused to plead guilty, he judge shall fix a date for examination of witnesses. (Sec 230)
  • Under section 231 of Crpc, the judge shall proceed to take all such evidence as may be produced in support of the prosecution.
  • Under section 232 of Crpc, a Sessions judge, during session trial, may order acquittal of the accused person, even before pronouncing judgment.
  • When the accused is not acquitted under section 232, then he shall be called upon to enter in his defence under section 233.
  • Arguments involving summing up of the case by prosecutor and the reply to them by accused will be done under section 234.
  • In Kehar Singh Vs State, it was held that the trial in pursuance of the notification for holding the sittings of the Session court in Tihar jail was not illegal.
  • Sessions Judge can try a case punishable with life imprisonment or death penalty.
  • Provisions for Judgment of acquittal or conviction are provided under section 235 in a Sessions trial.
  • Conviction on Plea of Guilt in a Sessions trial is prescribed under section 229.
  • Section 236 says that Previous Conviction of the accused will not be taken into consideration by the Judge until the accused has been convicted under section 229 or 235. 
  • Section 237 says that when a case is instituted under section 199(2) of Crpc, the procedure of trial adopted in such a case is trial of warrant case instituted on otherwise than a police report.

LEAVE A REPLY

Please enter your comment!
Please enter your name here