The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-V]

TYPES OF CASES

Q.24 Which are the types of cases envisaged by the Cr.P.C.?

Ans. Cases coming up for trial before Criminal Courts are either “summons cases” punishable with imprisonment upto 2 years and “warrant cases” punishable with imprisonment exceeding 2 years. Cases triable by Magistrates as “summary trials” under Chapter XXI are mild forms of “summons cases”. There are “warrant cases” punishable by both the “Magistrates” as well as “Courts of Session”. Warrant cases coming up for trial before Courts of Session are involving graver offences and providing for stringent punishments. Which Court should try which offence under the Indian Penal Code is indicated by Column 6 of the TABLE in Part I of the First Schedule to Cr.P.C. Which Court should try which offence under “other laws” is indicated by Column 6 of the TABLE in Part II of the First Schedule.

A CHART showing the various types of trial in cases instituted by means of a Police Report and their procedure, is given as CHART B.

A CHART showing various types of trial in cases instituted by means of a complaint and their procedure, is given as CHART C.

TRIAL OF OFFENCES UNDER OTHER LAWS

Q.25 What is the procedure for trial of offences under other laws ?

Ans. Section 4 (2) Cr.P.C. provides that offences under other laws shall also be tried by following the same procedure prescribed under the Cr.P.C. but subject to any special procedure, if any, in the other law regulating the manner of inquiring into or trying such offence. The Courts which are to try the offences under the other laws are indicated in Column 6 of Part II of the TABLE in the First Schedule to Cr.P.C.