Sessions Court in India

The Indian Penal Code, 1860 (IPC) and other penal statutes make up India's substantive criminal law. It is unable to function alone, though. As a follow-up to the IPC, the Code of Criminal Procedure, 1861, was adopted. Following the abolition of the 1861 Code, a new Code of Criminal Procedure was enacted in 1974 to carry out the administration and enforcement of substantive criminal law. The machinery set up for the investigation and prosecution of offences is likewise under the regulation of the CrPC. Criminal trials are split between sessions trials and magistrate trials under the CrPC. The First Schedule of the Code specifies whether a crime can be tried in a Court of Session or a Magistrate's Court.

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What is Court of Session?

Whenever a District Court handles criminal cases, it is referred to as a Court of Session. When it relates to serious offences at the district level, a Court of Session is regarded as a court of first instance. In a district, it is the highest criminal court.

For each sessions division, the State Government appoints a Court of Session in accordance with Section 9 of the Code, which is presided over by a Judge who is chosen by the High Court. In order to exercise jurisdiction in a Court of Session, the High Court may additionally appoint Assistant Sessions Judges and Additional Sessions Judges. All of their decisions and directives are that of the Court of Sessions. The High Court may determine by notification where the Court of Sessions will typically hold its session. Each Assistant Sessions Judge must be a subordinate of the Sessions Judge over whose Court they preside. The Sessions Judges divide the work among these Assistant Sessions Judges.

Competency to Punish Under the Code

The punishment that each court may impose is outlined in Sections 28 and 29 of the code −

• The name of the court with the lowest ranking is Judicial Magistrate of the Second Class. This court has the authority to consider the case if the offence involves a term of up to a year in prison, a fine of up to 5,000 rupees, or both.

• Trials involving offences with a maximum sentence of three years in prison or a fine of 10,000 rupees may be conducted by the First Class Magistrate.

• The Chief Judicial Magistrate has the authority to impose any fine and sentences of up to seven years in prison.

• The Assistant Sessions Judge has the authority to impose any fine and sentences of up to ten years in prison.

• Any legal punishment may be imposed by a Sessions Judge or Additional Sessions Judge, but the High Court must confirm any death sentence imposed by one of these judges.

• Any sentence permitted by law may be imposed by the High Court.

Competency to Trial Under the Code

According to Section 26, any offence under the Indian Penal Code 1860 may be tried by the High Court, the Court of Session, or any other court by which such an offence is shown in the first schedule to be triable, but any offence under any other law must be tried by the court specified in that law, or, if that court is not specified, by the HC or any other court by which such a crime is specified in the First Schedule to be triable.

Competency to Take Cognizance Under the Code

Court of Sessions cannot take direct cognizance of a case. However, if a matter is exclusively triable by a Session court in accordance with the Schedule, the Magistrate may, pursuant to section 209 of the Criminal Procedure Code, commit the case to the Court of Session. When a magistrate cannot impose an adequate sentence, all cases involving offences punishable with life imprisonment or with a sentence of more than seven years, should be committed to the court of sessions.

Section 199(2) of the Criminal Procedure, court provides for an exception of defamation of a high dignitary or public official, which can result in a written complaint being filed by the public prosecutor. This situation is one in which the Court of Session may exercise direct cognizance.

Trial Before Sessions Court

Under the scheme of Criminal procedure code, 1973 trial can be divided into the following −

• Sessions trial- Sections 225 to 239

• Trial by magistrate can further be divided into:

  • Warrant trial- Sections 238 to 250

  • Summons trial- Sections 251 to 259

• Summary trial- Sections 260 to 265

The brief procedure of a sessions trial is outlined below:

In accordance with Section 225, only the public prosecutor may initiate a case in a session court.

Section 226: When an accused person is brought into court as a result of a case being committed under Section 209, the prosecutor must present his case by outlining the charge against the accused and outlining the evidence he intends to employ to establish the his guilt.

According to Section 227, the judge will discharge the accused if he concludes that there is no justification for proceeding after reviewing the case records [sections 161, 162], documents submitted, and the oral arguments of accused and the prosecution.

According to Section 228: If the judge finds that there is reason to believe that the accused committed an offence that −

• Cannot be tried in a court of session- Then he may frame a charge, transfer the case to the CJM/JM (first class), and instruct the accused to appear before the CJM/JM (first class). This magistrate will conduct the criminal trial as a warrant case that was started on a police report.

• Can be tried in court of session: He will frame the charge against the accused.

• If a charge is brought up in accordance with section 228 (1) (b), the accused must first be read the accusation and given an explanation before being asked to enter a plea of guilt.

In accordance with Section 229, if the accused makes a plea of guilty, the judge must record that plea and may, in his discretion, convict the accused.

Section 230: If the accused does not make a plea of guilty or refuses to make one, asserts his\her right to a trial, or is not convicted under Section 229, the judge will fix the date for the examination of witnesses and may, at the request of the prosecution, issue a summons requiring their attendance.

Section 231: Prosecution evidence:

• On the scheduled date, the judge receives all prosecution evidence.

• The judge has the discretion to recall any witness for additional cross-examination or to postpone cross-examination of any witness until all other witnesses have been questioned.

Section 313: The accused may be questioned by the court.

Section 232: Acquittal- If the judge determines that there is insufficient evidence to convict the accused of the crime after hearing from the prosecution, the defence, and the accused themselves, the judge must enter a finding of acquittal.

Section 233: If the accused is not acquitted pursuant to Section 232, he or she will be called upon to enter upon his defence and present any evidence they may have. The judge must include any written statements provided by the accused in the record. If an accused person requests a summons, the court must issue it unless he considers it to be vexatious, unnecessary, or designed to defeat the interests of justice.

Section 234 states that after the prosecution has finished cross-examining a witness for the defense, the accused or his pleader has the right to reply. If the accused or the pleader raises a legal issue, the prosecution may, with the judge's approval, state its argument.

After hearing arguments and points of law, a decision is rendered under Section 235. If the accused is found guilty, the judge will hear him on sentence and then punish him in accordance with the law.

A prior conviction will be considered, according to Section 236.

Procedure in cases filed under Section 199 (2) is outlined in Section 237.

Conclusion

At district-level and lower-level subordinate courts have a framework that is essentially the same throughout the nation with a few minor variations. In line with their separate jurisdictions, they handle both civil and criminal cases. The civil and criminal justice systems are divided at the most basic level. The provisions relating to proceedings before court of sessions only in serious offences, imply a very reasonable legal principle which lets a more experienced and senior court decide cases with severe punishment.

FAQs

Q1. What are criminal courts?

Ans. Criminal courts are the courts that deal with individuals who have been charged with crimes, determining their guilt and, if found guilty, the proper punishment is given and if found not guilty, the accused set free.

Q2. What are the major goals of the legal system?

Ans. The major objectives of the courts are to defend the rule of law, protect liberty, foster social order, settle disputes, ensure that everyone is treated equally under the law, and enforce the due process of law.

Q3. Why does jurisdiction matter in criminal proceedings?

Ans. The term "jurisdiction" refers to a court's capacity to hear cases and render decisions. It has to do with the power to inflict punishments under criminal law. In the lack of jurisdiction, court-ordered convictions and punishments are void.

Q4. What does criminal law's territorial jurisdiction entail?

Ans. The authority over conflicts that start in or involve residents of a certain territory is known as territorial jurisdiction.