- The role of a judge in trial is to be impartial, play a proactive role while exercising his powers of examining true or or re-examining material witnesses and also the accused person after the prosecution evidence is closed.
- According to section 237(8), when an order to 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 appeal has elapsed or if an appeal is presented, before the appeal has been decided.
- If a death sentence is passed in a trial before court of Sessions then it will be sent to the High Court for its confirmation and provisions of chapter 28 (sec 366-371) would apply.
- When a death sentence passed by a court of Sessions is submitted to High Court for confirmation, the convicted person is committed to jail custody under a warrant. (Sec 366)
- When a case is submitted to the High Court for confirmation, it has the power to direct further inquiry to be made or additional evidence to be taken. (Sec 367)
- Additional evidence directed to be taken by the High Court under section 367 can be taken either by High Court itself or it may direct it to be taken by Court of Sessions.
- Power of the High Court to confirm or annul the conviction is provided under section 368 of Crpc.
- Powers of the High Court under section 368 are that it can either confirm the sentence or pass any other sentence warranted by law or annul the conviction and order a new trial on the same charges or amended charges or it may acquit the accused.
- No order of confirmation by the High Court shall be made until period allowed for preferring an appeal ie., 30 days has expired. Also, if an appeal has been filed, then until it is disposed of.
- Section 369 says that when the High Court consists of 2 or more judges then the confirmation can be made, passed or signed by at least 2 of them.
- When there is a difference of opinion and the judges are equally divided in opinion then the matter shall be heard by another judge and the opinion of that judge will decide the decision of the case. (Sec 370)
- Trial of warrant cases by magistrate is covered under chapter 19 (sec 238-250).
- Section 238 puts a mandate upon the Magistrate to satisfy himself that he has complied with the provisions of section 207.
- Trial of Warrant case is divided into 2 parts ie., when the case is instituted upon a police report and when the case is instituted otherwise than on a police report.
- Under section 239, the Magistrate may discharge the accused if the charge against the accused appears to be groundless.
- If upon examining the police report and documents, the magistrate is of the opinion that there is ground of presuming that the accused has committed the offence then he shall frame the charges against accused. (Sec 240)
- Section 241 talks about the case where the accused pleads guilty before the magistrate.
- If the accused doesn’t plead guilty then the Magistrate will fix a date for the examination of witnesses. (Sec 242)
- Conviction or acquittal in trial of warrant case by magistrate is provided in section 248.
- Under section 249, the accused may be discharged in the absence of complainant.
- Under section 250, if a case is instituted upon a complaint or upon information given to police officer or Magistrate, and the Magistrate is of the opinion that there are no reasonable grounds for making the acquisition against the accused, then he will either discharge him or acquit him.
