Sesssions case Flashcards
“Trial” has been defined in CrPC?
No
Stage of trial usually begins after examination ?
No
with framing of charge and ends with acquittal/ conviction
Providing fair opportunity to be heared in trial indicates which principle
Principle of Natural Justice
India follows which system to prove a case
Adversarial system
Onus to prove is upon Prosecution and not on Defence
In Indian judicial system onus to proof an accusation is on …
Prosecution
Accused is presumed innocent if not proved beyond
reasonable doubt
Chapters and sessions dealing with
sessions
warrant
Summons
Summary trials
Chapter 18-21
225-237
238-250
251-259
260-265
Distr court deals with both Criminal and Civil cases?
False
only Civil cases
Sessions court deals with …. cases
Criminal cases
Offences and Specific court where it is to be tried is mentioned in which schedule
1st of CrPC
In sessions trial- Prosecution to be conducted by…. under ..sec
Public Prosecutor
225
opening of sessions case is done by Magistrate/
No
Prosecution
offences which shall be exclusively tried in sessions court. … sec mentions this
209
Which Sec deals with opening of sessions cases under Sec ….
226
209-mm
Sec 209 mentioned in sec … which is
226
Commitment of offences exclusively triable in sessions courts
While opening the case of Prosecution …. and …. is done
Describe the charge
State by what Evidence that could prove accused guilty
Discharge before evidence by defence is done in sessions trail acc to S …
227
Accused is disacharged acc to s 227 after considering only the prosecution records and part pof accused is heared or considered only after framing charge ?
No
Records considered and both parties heared before discharging
If an accused is discharged according to S 227 of sessions trial he can’t be recalled
false
framing of charge in sessions trial is under…
S 228
While framing charge accused has no right to provide any material for his defence
He can do so only During trial
True
During the procedure of sessions trial court gets to understand that the case is not exclusively triable in sessions court, What shall he do
Frame charge, Order to transfer case to CJM/ JM of 1st class
Under S 228, cases if trannsfered because its not exclusively triable in sessions courrt shall be tried as
warrant case
if a case is not to be tried as sessions trial during procedure, mag should transfer the case to 2 nd class JM without framing charge
false
1st class Jm/ CJM
after framing charge and with a order to transfer
case will proceed as per a warrant case
Non exclusive cases of sessions cases are transferred as per S 228 ….
228 -while framing
228 (1) (b)
Cases triable by sessions court, Charge can be framed as per S 228 2 (a)
false (1) (b)
Accusedc is asked if he pleads guilty under
sec 228 (2)
After framing charge, Charge is read out and explained and asked if he pleads guilty Judge has discretion to convict an accused who pleads guilty
Yes
Which sessions gives Mag the discretion to Convict an accused who pleads guilty
229
Conviction on plea of guilty
229
Prose4cution could submit application to issue any process for compelling attendance of any witness/ production of any doc under …
s 230
while fixing date for evidence of prosecution
Date for prosecution evidence
230
Court shall proceed to take all evidences in support of prosecution as per
231 (1)
Prosecution may cross examine, defer or recall acc to …. Only if court permits
231 (2)
True- Mag may permit- He has discretionary power
Accused may be discharged before framing charge
accused may be acquittedonly after hearing evidence for defence
yes
No
Evidence for prosecution is taken
Both parties are heared
but not after defence evidence is taken 232
according to 232 an accused is acquitted if No evidence that accused has committed is proven
true
acquittal acc to 32 is done after considering …, … and …
taking prosecution evidence
examining accused
Hearing both parties
evidence for defence
233
Defence is called upon to enter on his defence acc to ….(..)
233 1
Written doc submitted by defence during Defence evidence 233 (…) will be considered but is not filed with the record?
false
233 (2)
will be filed
Appliocation for issue any process by defence is made under
233 (3)
Reasons for denying application for issuing process as by defence can be
Vexatious, defeat ends of justice
Delay justice
Exceptions to grant issue of process is mentioned in
233 (3)
228
231
233
Framing of charge
(1)- (a): Not exclusively triable- frame and transfer order- warrant case
(1)- (b) charge framed
(2) read out and explained
aske if he pleads guilty
231- Evidence for prosecution
(1) take all such evidence in support of pro
(2) may permit to cross\ defer\ recall
233 Evidence for defence
1- enter upon his defence
2- written statements filled
3- issue of any process and ground to deny it
application to issue by prosecution and by defence is referred in evidence for Prosecution and evidence for defence resp
False
Prosecution application mentioned in 230- while fixing date for prosecution evidence
Defence application is mentioned in 233 (30 Evidence of Defence
What follows after Evidence for defence acc to sessions trial
argument 234
During argument in S…. magistrate sums up and defence answers to questions if raised
defence can only answer to question and can’t raise any point of law
false
234
prosecution sums up- defence answers
Defence can raise any point of law which prosecution should make his submission WITH judge’s permission
Judgment is made right after Evidence by Defence
false
after argumenrtj
Judgement
235 after argument
Acc to 235 (2) mag passes sentence if he doesn,t proceed according to
360
and not 325 and 360
There is a session relating to previous conviction in sessions trial
Yes
236Pr
Previous conviction under 236 are applicable according to ….
211 (7)
The judge can hear evidence on a previous conviction only after he is convicted acc to 235 only and not if according to 229- conviction on plea of guilty
false
He can if proved guilty either by 229/ 235
Before proving the accused guilty, and there is a previous conviction
judge cant Hear the evidence but can mention/ bring up/ ask about that
false
he can neither ask/ mention/ hear/ take evidence until he is convicted in present case
Procedure for cases instituted under 199 (20 is mentioned in warrant trail
False
Sessions trial
procedure for cases instituted acc to 199-2
237
Which court tries cases acc to 199-2
sessions court
procedure to be followed while trying cases acc to 199-2 should be as of
warrant case instituted other than a police report
Compensation for acquitted accused is dealt under
show cause
238- 3, 4
4 order to pay compensation
Compensation acc to 238 of sessions trial should be equal to the Fine as of the accused offence
False
max of 1000 rs only
compensation amount in swe4ssions case is in 238 …
4
person if ordered to pay compensation can go for appeal to…
HC
238-7
can be delayed till lapse of period to apply for appeal / until decision on appeal is made
Acc to 237 who all are exempted from compensation
vp
President
Governor of state
Administrator of ut
Offences under 199 (2) for groundless accusation compensation equal to fine for offence should be paid to accused by complainant?
False
Not more than 1000
Sec mentioning compensation are
237- sessions case-199- 2
250- summons and warrant case
In 236 a limit of compensation is mention inorder to beable to appeal
False
Max fine is mentioned less than 1000
Acc to 250 max compensationpayable is mentioned
No
Compensation should not be more than fine for offence
But could go for appeal only if compensation payable is more than 100
Simple imprisonment for … Days applicable as in sec …. Of …cases
Not more tha 30 days
Warrant case
250- 3
Sec 68& 69 IPC applicable if
Complainant refused to pay compensation as mentioned in 250-3 of warrant case
