PETITION FOR MUTUAL DIVORCE IN THE COURT OF HON’BLE PRINCIPAL JUDGE FAMILY COURT, BHUBANESWAR MATRIMONIAL SUIT NO. 579 OF 2022. 1. Ram Kumar Sahoo (Husband), Aged about 39 years, Son of Shri Rameswar Nand Padhi, House No. 6 B/9, Patia, Unit-07, Bhubaneswar-800 013, Odisha. Petitioner 1 – Husband 2. Mamata Sahoo (Wife), ...
This article is written by Ashutosh Nath and Chhatrapal Singh Shaktawat, students at Symbiosis Law School, Hyderabad, where they have discussed about “CRIMINAL TRIALS AND ITS EFFICIENCY.”
INDEX
|
1-TITLE PAGE |
PAGE-01 |
||||||||||||||||||
|
2-CERTIFICATE |
PAGE-02 |
||||||||||||||||||
|
3-ACKNOWLEDGEMENT |
PAGE-03 |
||||||||||||||||||
|
4-INDEX |
PAGE-04 |
||||||||||||||||||
|
6-INTRODUCTION |
PAGE-06 |
||||||||||||||||||
|
7-OBJECTIVE OF THE RESEARCH |
PAGE-07 |
||||||||||||||||||
|
8-HYPOTHESIS/ RESEARCH QUESTION |
PAGE-07 |
||||||||||||||||||
|
9-RESEARCH METHODOLOGY |
PAGE-07 |
||||||||||||||||||
|
10-REVIEW OF LITERATURE |
PAGE-08 |
||||||||||||||||||
|
11-MAIN
CONTENT OF RESEARCH PAPER/ CHARACTERISTICS CHAPTERISATION (BODY OF RESEARCH)
|
PAGE-09 |
||||||||||||||||||
|
11-CONCLUSION/SUGGESTIONS |
PAGE-25 |
||||||||||||||||||
|
12-BIBLIOGRAPHY / REFERENCE |
PAGE-26 |
INTRODUCTION
“There's always such a rush to judgment. It makes a fair trial hard to
get.”[1]
-JOHN
GRISHAM
The
real meaning of justice cannot be fulfilled without a fair and fearless trial.
As per article 21 of Indian constitution every person should be given fair and
trial. [2] If the accused is unable
to get fair trial in a country like ours then it will be created injustice not
only for the accused but also for the society. When a judge decided a case, he
takes all the fact and the issues in to consideration and by applying his
judicial mind, delivers the judgement. The criminal trials should be free from
biasness. In this way a fair trial not only helps the victim but also helps the
society at large.
In
a country like India we have 2 types of criminal law. One is substantive law
and the other one is procedural law. The substantive law talks about the
element of crime and the prescribes the penalty for it. similarly, the
procedural law talks about the process by which we get the justice. In this way
trial is one process to get justice. The as per the offence the trials are
divided into 2 categories. They are warrant cases and summon cases. The warrant
cases are those cases which are more serious in nature such as murder, rape
cases. Otherwise, it will be tried
summarily.
Under the Code of criminal procedure,
the crimes are divided into 4 types of trial. They are Session, warrant,
summons and summary trials.
1)Sec 225-237 deal with
warrant cases by a court of Session. 2) Sec 238-250 deal with warrant
cases by magistrates. 3)Sections 251-259 provides procedure for trial of
summons cases by magistrates. 4) Sections 260-265 make provisions
relating to summary trials.[3]
So, as we all know that what is the
importance of free trial. A trial may be civil trial of it will be a criminal
trial. We have already mentioned the different types of criminal trials. Here
in this paper we will discuss the about the above-mentioned trial in details
and the procedure followed in each trial. We will also make a comparative study
between these trials.
RESEARCH
OBJECTIVES-
The
objectives of this research paper are as follow-
·
To know the importance of fair trial in
criminal cases.
·
To study about different types of criminal
trials mentioned in the code of criminal procedure, 1973.
·
To know all the procedure which are
followed in different trials like (Sec 225-237 deal with warrant cases by a court of Session, Sec 238-250 deal
with warrant cases by magistrates, Sections 251-259 provides procedure
for trial of summons cases by magistrates, Sections 260-265 make
provisions relating to summary trials.
·
To know the difference between the above
mention trial and to make a comparative study between these trials.
·
To make some criticism of these trials and
give some recommendation on it. (if any)
RESEARCH QUESTIONS
1. What
is the importance of fair trial in criminal cases?
2. What
are the types of criminal trials mentioned in the code of criminal procedure
and how are they different from each other?
3. How
far the procedure followed in different types of trials in just and reliable?
4. To
what extent the denial of free and fair trial infringes upon accused right
guaranteed under article 21 of the constitution?
RESEARCH METHODOLOGY
The
methodology which is used in this research project is Doctrinal Research
Methodology. This methodology basically concerns with legal concept. It is a
theoretical analysis of legal provisions and statutory principles. It is pure
in nature. All referred books, research papers, journals, case laws, statute,
articles, rules and other sources have been duly acknowledged.
REVIEW OF
LITERATURE
There
are so many books available on this topic. You can also find it in a book which
is named as “code of criminal procedure” by the author Kelkar[4]. It is
one of the best books on this topic, but this book only talks about the types
of trial and its procedure. In this book the author mentioned about all the
trial in a proper manner. But there is no explanation of any comparison between
these trials.
In
this paper we also take the help of the book named Takwani criminal
procedure, 4th edition which is published by (lexis Nexis). This
present edition several topics are mentioned in detailed. In this book the
concept of criminal trial is clearly mentioned by dividing it into 4 chapters.
Every chapters have contained all the provisions in a proper manner.[5]
According
to the article named “Different Kinds of Trial Under CRPC’’[6] which is
published by Law Essay publication, providing fair trial is one of the
important elements of providing justice. Here the author analysed all the
provision in detailed and give some suggestion for modification.
As
per the one of the landmark cases named Union of India vs Prafulla Kumar
Samal [7]
the hon’ble supreme court has given guidelines for exercising the power of
discharge u/s 227 of CRPC. Similarly, in the case of Karam
Singh vs State of Himachal Pradesh [8]the Court
held that the court has got discretion to accept the plea of guilty and to
convict the accused thereon. However, this discretion must be used with care
and circumspection and on sound judicial principles bearing in mind the ultimate
objective to do justice to the parties.
Similarly,
you can refer some research papers on this topic. Like All the paper does not
contain all the issues and the provisions. In this paper we have some innovate
ideas. We cover all the statutory provisions and issues relating to this topic
not only in the Indian scenario but also in the world scenario. In this
research paper you can also find the difference between all the criminal trials
and the criticism in every trial. This research paper is a critical analysis of
all the criminal trial and its process accompanied with the concept of fair
trial.
CRIMINAL
TRIALS
The criminal
cases are divided into 2 categories. They are
1)
Offence in warrant cases
2)
The offence in summon cases.
TRIAL BY COURT OF SESSION
4.1)
SCHEME
As
stated above, warrant cases are more serious than summons cases. But even
warrant cases, there is a sub-division. More
serious cases are to be conducted by a court
of session while less serious cases are to be conducted by magistrates.[9]
However, there is an exception to this rule
provided in Section 199 of the Code relating to an offence of defamation of
public servants and high public dignitaries.
Special procedure is prescribed for such. cases
in Section 237 of the Code.
Sections (225 to 237) deal with the procedure for trials before a court
of session. It can broadly
be divided into three stages.
(i)
Opening of the case
by the public prosecutor.
(ii)
Recording of
evidence; and
(iii)
Acquittal or
conviction of the accused,
4.2)
CONDUCT
OF TRIAL
It
is the duty of the public prosecutor to conduct every trial before the court of
session.
"Public prosecutor" is defined as a person appointed under Section
24 and include
any person acting under his direction."
"To conduct" means "to lead, quid
manage. No pleader of the complainant cannot
raise any objection as long as the public prosecutor guides. A counsel engaged
by a private party cannot be allowed to
conduct the prosecution though the public prosecutor may take assistance of a lawyer engaged by a complainant[10]. As
per the Amendment Act, 2008 a victim can engage an advocate as per
his/her own choice.[11] But
the public prosecutor cannot abdicate his functions by sitting back and handing over the conduct of
prosecution case to the complainant's advocate.
Again, a public prosecutor is not merely a representative or an agent or a
mouthpiece of the State. He is also an officer
of the Court. It is his duty to place all facts
and evidence before the Court so as to enable the Court to determine the
innocence of the accused on that basis and not
to obtain conviction at any cost.[12]
4.3)
DISCHARGE (Section 226)
It
is the duty of the prosecutor to open the case of the accused by describing the
charges against him. Here in this situation its also the duty of the prosecutor
to providing the evidences to the court which are in his/her possession to
prove the guilt of the accused. This process can be done by the prosecutor when
the accused brought before the court in pursuance of the commitment of the case
under Section 209.[13]
Section 227 provides for discharge of an accused.
If
the judge is unable to find sufficient grounds to convict the accused, then he
has the power to acquit that person. This is known as discharge of an accused
person. While the session court discharge an accused, it is the duty of the
court to recorded the reason for doing so, but not for framing of charge. [14]
In
the case of Union of India vs Prafulla Kumar (AIR1979CrLJ 273)
the court has held that “test to determine prima facie case depends on the
facts of each cases and it is neither feasible and nor advisable to lay down a
rule of universal application.”
4.4) FRAMING OF CHARGE- (section 228)
After
hearing the prosecutions and the accused if the magistrate by applying his
judicial mind feel that the person has committed an offence which is not completely
triable by the court of session, he may frame a charge and transfer the case to
the Chief Judicial Magistrate. Then the charge should be read out in-front -of
the accused and he shall be asked whether he pleads guilty claims to be tried.[15]
whether the materials on record, if unrebutted,
makes conviction of the accused
reasonably possible.[16]The
charge should not only be read over but should be explained to the accused. For
that purpose, the Judge may even question the accused in order to determine whether
the accused knows the responsibility when he pleads guilty to the
charge. But omission or irregularity in reading
over or explaining the charge will not
vitiate the trial unless it is shown that
non-compliance of the obligation has resulted
into failure of justice or has caused prejudice
to the accused.[17]
(4.5) CONVICTION ON PLEA OF GUILTY (Section
229)
If the accused pleads
guilty then in that case the magistrate has a power to convict the accused.in
this case the judge has to record the plea.[18]It
is, however, not obligatory for the court
convict the accused on such plea. It totally depends on the discretion of the
court and it should be carried out with due care. The final object of this
concept to do justice to the accused. Such plea must be clear, unambiguous and
unequivocal. [19]
It must distinctly admit each
and every fact necessary to constitute the offence. Where a 'plea of guilty' is
qualified
or accompanied by some reservations, it cannot be said to be a 'plea of
guilty".[20]
In
the case of Karam Singh
vs State of Himachal Pradesh (1982 CrLJ (NOC) 215)[21]
the court has held that the accused can be convicted by his plea of guilt.
However, this discretion
has to be used with care and circumspection and on sound judicial principles
bearing in mind the ultimate objective to do justice to the parties.
The
stage of pleading guilty is immediately after framing of the charge by the
Court. Therefore, after the trial is started and some witnesses have been
examined, no
plea of guilty can legally be recorded. In such cases, the Court has to convict
or
acquit the accused on consideration of evidence led before the Court.[22]
4.6)
PROSECUTION EVIDENCE
Date for Prosecution Evidence: (Sec 230)
If the accused is not convicted as per section 229 of
the code then the judge will fix a date on which witnesses will be examined.
Evidence for Prosecution: (Sec 231)
As
like the above-mentioned provision if the accused does not plead the guilt then
the judge will examine the witness on the fixed date. [23] The prosecution should
examine all the witnesses.[24]
In the case of Soma Bhai vs State of Gujarat (AIR
1975 SC 1453)[25]
the Court stated that if the accusation renounces one of the
relevant eyewitnesses on the basis of a close relationship with the defendant,
and the defendant wins it, it cannot be said that his non-examination destroys
the structure of the judicial process that is evidenced by the evidence of
other eyewitnesses and confirmed by other tests.
4.7) DEFENCE EVIDENCE-
When the defendant is not acquitted pursuant to
section 232, he will be asked to come out in his defence and provide evidence
to support him. If the defendant submits a written statement, it will be
recorded. If you request the participation of Witness or the production of any
document or thing, the judge will issue the trial unless considers that, for
registration reasons, this request must be rejected why it was created for the
purpose of harassing or causing delays or defeat the ends of justice. After examining
the defence witnesses, the prosecutor will summarize his case and the defence
will response.
4.8)
ACQUITTAL / CONVICTION- (SECTION -332)
After
hearing the arguments, the Judge will deliver judgment. If the accused is
convicted, the judge must hear him on the question of sentence and then impose
sentence on him in accordance with law, no such hearing may be necessary if the
accused is released on probation of good behaviour or after admonition under
Section
Section
235(2) is a salutary provision and enjoins upon the Court a duty to hear the
accused on the question of sentence. It cannot be treated as mere irregularity
curable under
Section 465 of the Code. Failure to afford such opportunity to the accused will
vitiate
the sentence. The conviction will, however, stand and the accused cannot claim
de novo trial.[26]
In the case of Hanif Shikalkar vs State of Maharashtra (1981 CrLJ 1622 Bom)[27] the Court stated that the objective of the second 232 is to accelerate the conclusion of the session process, at the same time to avoid unnecessary harassment of the accused by calling him to provide evidence or to avoid wasting time when there is no evidence.
TRIAL
OF WARRANT CASES BY MAGISTRATES (Section 238- 250)
5.1) GENERAL
As
we all know that the Warrant cases are more serious than the summon cases. All
the warrant cases can be also divided into 2 types on the basis of the
punishment and its gravity. The warrant cases which is punishable with death
sentence and imprisonment for the term exceeding 2 years will be tried by the
session court and the remaining cases will be decided by the magistrate.
Further the trial of warrant cases is divided in to 2 part. They are as follow.
(a)
warrant cases instituted on a police report (Sections 238-243); and
(b)
warrant cases instituted otherwise than on a police report (Sections 244-247).
5.2)
CASES INSTITUTED ON POLICE REPORT
The
section 238 deals with the provision that at the commencement of the trial the
magistrate must satisfy himself that the copies of the documents referred to in
Section 207 of the Code have been supplied to the accused. It is the duty of
the magistrate to see all the documents. The object of this provision is to
enable the accused to know the case against him in the police report, FIR,
statements of witnesses, etc[28]. commencement of the
trial" means "at the beginning of the trial.[29] The trial starts when the
charge is framed.[30]
After
this all the process which are followed in this case are as same as the process
followed by the session court in warrant cases. So, the process is as follow
1)Discharge 2) Framing of charge 3)
Conviction of plea of guilty 4) Prosecution evidence 5) Defence evidence 6)
Conviction 7) judgement
5.3) OTHERWISE
THAN A POLICE REPORT
Where
a warrant case is instituted without any police report, then in that case the
accused person should be brought before the court for the commencement of the
crime. If the magistrate thinks fit, then he can issues summon or warrants to
the witness. [31]
The magistrate has no power to require the accused forthwith to state his plea
and to convict him on plea of guilt without taking any evidence as in
summons-cases. Likewise, he is required to take all the evidence that may be
produced by the prosecution and the accused cannot be discharged until all the
prosecution witnesses are examined.[32]
5.4) CONCLUSION OF
TRIAL
After
this all the process which are followed in this case are as same as the process
followed by the session court in warrant cases. So, the process is as follow
1)Discharge 2) Framing of charge 3)
Conviction of plea of guilty 4) Prosecution evidence 5) Defence evidence 6)
Conviction 7) judgement
5)TRIALS OF SUMMONS CASES (Section
251-259)
5.1)
GENERAL
All
the criminal cases can be divided into 2 categories. They are summoned cases
and warrant cases. These cases can be categorized by their level of punishment
and time period of imprisonment. The summon cases are not very serious in
nature. This is the reason, why summon cases are tried with less formalities
than warrant cases keeping in view the basic requirements of a fair trial to
the accused. The procedure relating to the summon cases are defined in chapter
XX section 251-259 in the code of criminal procedure.
5.2) ACCUSED TO BE
STATED- (Section 251)
Generally,
this process starts when the accused is brought before the magistrate. At that
time, the details of the crime should be declared to him and he should be asked
if he should be asked if he pleads guilty or if he has any defence to make.
There is no need to make a formal charge.[33] The main reason is to
decide if the defendant pleads guilty to the charges filed again and claims to
be tried. [34]The
magistrate, therefore, must clearly explain all the details of the crime with
which he is accused. The minutes must clearly explain this fact because
compliance with this provision is not a mere formality. A conviction cannot be
revoked unless it is proven that the injury caused the defendant or lack of
justice.
5.3) CONVICTION ON PLEA OF GUILTY (Section 252)
If the case may, where the accused plead
his/her guilt, in that case the magistrate record the statements of the accused
and may convict the accused if he thinks fit. As per section 252 the recording
should be the own words of the accused. This provision mainly protects the
accused in administration of justice. The statement thus recorded helps the
magistrate in arriving at the conclusion.
In this way if the accused pleads not guilty, then it’s the duty of the
court to decide the case by applying proper law. Here the court will take all
the evidence into consideration while deciding the cases. [35]
5.4) CONVICTION ON PLEA OF GUILTY IN PETTY
CASES (section 253)
The concept of plea of guilty in pretty cases
is defined in the section 253 of the code of criminal cases. As per this
section, in some of the pretty cases the accused may plead the guilty without
attaining the court. In this case he may plead the guilt sending a pleader
instate of him or send through a pleader. Here the accused should also send the
fined money which is specified in the summon. Now it is in the discretion of
the magistrate to convict the accused and adjust the amount sent by the accused
towards fine.[36]
5.5) PROSECUTION EVIDENCE Section 254)
Similarly, on the other hand if the accused
don’t want to plead the guilt, then the magistrate has no authority to convict
him. In that particular situation it’s the duty of the magistrate to take all
the evidence into consideration before delivering the judgement. The judge may,
if he deems appropriate, at the request of the prosecution, submit a subpoena
to any witness who induces him to participate or present any document or other
thing. [37]
5.6) ACQUITTAL OR CONVICTION (Section 255)
After collecting all the evidences, if the
magistrate is unable to find guilty, the accused can file for an acquittal
order. If, on the other hand, the magistrate finds the accused guilty and does
not proceed in accordance with Section 325 (to impose a severe conviction) or
Section 360 (to release on probation for good behaviour or after a warning), he
will impose penalty for the defence by applying his judicial mind. The
magistrate can condemn the defendant for any crime he has admitted or
demonstrated from the facts that the defendant appears to have committed on the
condition that the magistrate must be reliable within the meaning of chapter 20.[38]
5.7)
NON-APPEARANCE OF COMPLAIN (Section 256)
In
the case where the summon has been issues, but the complainant does not appear,
then the magistrate a release the accused.[39]
5.8)
WITHDRAWAL OF COMPLAIN-(Section 257)
Before passing of the final order is the complainant, proved before the magistrate that there is sufficient ground to withdrawal of his complaint against the complainant the magistrate may permit the accused for doing the same.[40]
5.9)
DROPPING OF PROCEEDINGS (Section 258)
The
judicial magistrate first class or any other judicial magistrate after
recording the reason can stop the proceeding, at any stage, before deliberation
of the judgement.
5.10).
CONVERSION OF SUMMON CASES IN TO WARREANT CASES (Section 259)
Section 259 specially empowers the magistrate
to convert the summon case to warrant case in certain basis. Here the main
basis is if the offence is punishable for imprisonment for more than 6 months.[41]
In this case the magistrate should take certain things into consideration like
the nature of offence, the nature of evidence and the number of accused.
SUMMARY TRIAL (Section- 260-265)
6.1).
GENERAL
The
concept of summary trial is mention from section 260-265 in the chapter
of the code of criminal procedure. Summary trial implies speedy disposal of
trial. Summary case is a case which can be tried and disposed of immediately.
Summary trial is not intended for contentious and complicated cases which
necessitate lengthy inquiry.[42] Sections 260 and 261
specify the offences that can be tried summarily and the magistrates who can
try them.
6.2).
OBJECT
The
objective behind the summary trial to curtail the work of the magistrate,
quickly disposed the petty cases and to save the time of both the parties and
the court. On the other hand the right of an accused person should not be
violated which are mentioned in chapter 19 and 20. As the Law Commission
observed: “From the point of view of procedure, a summary trial is a condensed
form of the regular trial and is resorted to in order to save time in trying
petty cases.”[43]
6.3)
WHO MAY TRY SUMMARILY (Section 260)
A
trial may be conducted under the summary procedure by the following
magistrates-
(i)
Chief Judicial Magistrates;
(ii)
Metropolitan Magistrates;
(iii)
Magistrates of the First Class specially empowered by the High Court this
behalf;[44]
(iv)
Magistrates of the Second Class, specially empowered by the High Court with
limited powers.[45]
6.4).
WHICH OFFENCES MAY BE TRIED SUMMARILY (Section 260(1)
The following offences may be tried summarily:
(i)
crimes not punishable by death, life imprisonment or imprisonment for a period
exceeding two years;
(ii)
theft, where the value of the property does not exceed two thousand rupees
(iii)
receive or retain stolen goods where the value of the property does not exceed
two thousand rupees;
(iv)
assistance to hide or dispose of stolen property where the value of the
property does not exceed two thousand rupees;
(v)
crimes of transgression of the house on the prowl and violation of the house;
(vi)
insult with the intention of provoking a violation of peace and criminal
intimidation;
(vii)
murder of any of the aforementioned crimes,
(viii)
attempt to commit any of the aforementioned crimes when said attempt is a
crime;
(ix)
any offense consisting of an act for which a complaint may be filed in
accordance with Section 20 of the Cattle Invasion Act, 1871.
6.5).
DISCRETIONARY POWER
Simply
because a case is summarily triable, it should not be tried summarily. Magistrate
is not bound to adopt summary procedure if it cannot appropriately be tried. It
is the court on the court to decide whether to decide the case summarily or
not. The court decided it depending on the fact and circumstances of the case.[46] In serious cases, it
would not be proper to have summary trial. The responsibility thrown on
magistrates, entrusted with summary powers, is very great and the
responsibility of those who have to entrust them with such power is equally
great.
6.6)
PROCEDURE (Section 260(2)
Both
the summon and warrant cases can be tried summarily. There is a principle that
if the case is a summon case, then all the procedure of a summon cases should
be followed. But if the case is a warrant case, the procedure relating to
warrant case must be adopted. Under the old Code, summons cases were tried
under the summons procedure, while warrant cases were tried under warrant
procedure. The Law Commission,[47] however, felt that
"no particular advantage would be gained by following the more complicated
warrant case procedure if such warrant cases are to be tried summarily only.
It, therefore, Pommended the introduction of a uniform summons-case procedure
irrespective of the nature of the case.[48]
6.7).
RECORD (Section 263)
In
every case tried summarily, the magistrate shall enter, in such form as the
State Government may direct, the following particulars:
(i)
serial number of cases;
(ii)
date on which the offence has been committed;
(iii)
date on which the report or complaint has received;
(iv)
name of plaintiff;
(v)
name, background and dwelling of accused;
(vi)
offence complained of and proved and in cases coming under clause (ii), (iii)
or (iv) of Section 260(1), the value of the property in respect of which offence
has been committed;
(vii)
plea of accused and his examination;
(viii)
finding;
(ix)
sentence or other final order;
(x)
date of proceedings terminated,[49]
6.8) JUDGEMENT-
(Section 264)
The
section 263 of the code of criminal procedure contained the concepts relating
to the judgement in summary trail. It says that the case where the accused does
not plead the guilt the magistrate should go for further judicial process.in
this way he should deliver the judgement by taking all the evidences into
consideration.
DIFFERENCE
BETWEEN THE CRIMINAL TRIALS-
Difference
between the trials of summon cases and warrant case-
As
we have already seen that the criminal trial is mainly divided into 2 types.
These 2 trials are different from each other on the basis of gravity of the
offence and the quantum of punishment. This is the main difference between the
trial of warrant cases and the trial of summon cases.
Similarities
and Difference between the trial by the court of session and by the magistrate
Coming
to warrant cases the trial can be carried out by two ways. They are trial by
the court of session and the trial by the judicial magistrate. The common
concept between these 2 trials is both the cases are warrant cases. The main
difference between these 2 trials is the warrant cases which is punishable with
death, imprisonment of life of or for a term exceeding 2 years, then it should
be tried by the court of session. On the other hand, remaining warrant cases
should be tried by the magistrate.
Similarities
and difference between the trials of summon cases and summary trials
The similarities between these 2 trials is both of these are summoned cases. Both these trials are conducted to save time and for speedy justice. The main difference between the summary trials are carried out only in the petty cases where as more serious crimes are carried out in summon cases. In the summary trials there is no need to frame charges sheet where in the summon cases the magistrate has to frame formal charge sheet. Here in the matter of summary trial the statement of the accused is recorded. on the other hand, the accused statement is seriously recorded in trial of summon cases.
CRITICISM
OF CRIMINAL TRIAL SYSTEM
Mainly
there are 2 main objects behind the criminal justice system. They are 1) fair
trial 2) speedy justice. Here the main critique of the criminal justice system
is that both of them cannot be carried out at the same time. If we want fair
trial then we should go through the procedure carefully and seriously and if we
go through is thoroughly then it will take time. So, in this way we cannot get
speedy trial. Both these concepts are complementary and supplementary to each
other. In reality both these concepts are contradict to each other.
CONCLUSION
From the above-mentioned analysis, we can understand the importance of criminal trials and its efficiency in the
present society. The trials should not only be fair and fearless but also it
should be speedy. The law commission in its 154th report[50] has recommended some
provision relating to the criminal trial. As per this, they suggested to
enhance the limit of sentence prescribed in section 262 of the code of criminal
procedure to 3 years. This commission also give some recommendation for the
amendment of section 2(x) and 2(w). As per the research the section which
define warrant cases should be amended. The word used 2 years in this section
should be replaced with 3 years. Similarly, all the cases which is punishable
less that 3 years should be tried as per the summarily procedure.
In the present time, many cases are pending in different courts in India. So, the cases which do not have
any serious allegation should be disposed up. This will not only save the time
of the court but also it will save the time of the parties.
However, the researcher is of the
opinion that proper training should be given to all the Magistrates about
trying the cases following the summary procedure. The training should include
mock trails and writing of judgments in summary trials by the trainees.
Authors-
1) Ashutosh Nath
2) Chhatrapal Singh Shaktawat.
Symbiosis Law School, Hyderabad.
[1]"John Grisham." AZQuotes.com. Wind and Fly LTD, 2020. 12
January 2020 https://www.azquotes.com/quote/654789
[2] Article-21 of Indian constitution.
[3] Refer to Code of Criminal
Procedure, 1973
[4] R.V. Kelkar's Criminal Procedure
Paperback – 28 Feb 2008
[5] TAKWANI CRIMINAL PROSEDURE, 4th
edition , lexis nesis publication
[6] The legal sides of open source -
https://www.ukessays.com/essays/law/different-kinds-of-trial-under-crpc-law-essay.php#citethis
[7] Union of India vs Prafulla Kumar
Samal (1979) 3 SCC 4
[8] Karam Singh vs State of Himachal
Pradesh (1982 CrLJ (NOC) 215)
[9] S. 193
[10] Abhilasha v. State of Rajasthan,
(2000) 10 SCC 237
[11] Proviso to S. 24 inserted by the
Code of Criminal Procedure (Amendment) Act, 2008
[12] Stephen v. King, AIR 1936 PC 289
(300)
[13] Section -226
[14] Om Wait vs state AIR 2001 SC 1507
[15] SECTION -228(2)
[16] Century Spg. & Mfg. Co. Ltd, v. State of Maharashtra, AIR
1972 SC 545 (1972) 3 SCC 282
[17] Banwari v. State of U.P., AIR 1962
SC 1198 : (1962) Supp 3 SCR 180: (1962) 2 CrLJ 278.
[18] Section -229
[19] Abdul Kadar v. Emperor, AIR 1947
Bom 345
[20] Pawan Kumar v. State of Haryana,
AIR 1996 SC 3300 : (1996) 4 SCC 17:
[21] (1982 CrLJ (NOC) 215)
[22] . Dandopani, in re, AIR 1968 Mad
59 :1968 Cr LJ 26.
[23] State of U.P. v. Krishna Master,
AIR 2010 SC 3071
[24] Abdul Gani v. State of M.P, AIR
1954 SC 31
[25] Soma Bhai
vs State of Gujarat (AIR 1975 SC 1453
[26] Nirpal Singh vs state of Haryana.
AIR 1977 SC 1066
[27] Hanif
Shikalkar vs State of Maharashtra (1981 CrLJ 1622 Bom)
[28] Salig Ram vs state 1973 CeLJ 1030
[29] Bechar v. State, AIR 1962 Guj 316
: (1962) 1 CrLJ 759
[30]
Kanti Bhadra v. State of W.B., AIR 2000 SC 522 : 2000 CrlLJ 746 : (2000) I SCC
722.
[31] S.244; see also A.R. Antulay v.
R.S. Nayak, AIR 1984 SC 718:1984 CrLJ 647: (1984) 2 SCC 500
[32] Yashodabai v. Kumar, 1975 CrLJ
1007.
[33] Section 251
[34] Kuldip singh vs state of j &k
AIR 1962 JK23
[35] Emperor vs Janardan AIR 1977 SC
435
[36] Section 253
[37] Section 254
[38] Section -255
[39] Section 256 of crpc
[40] Section 257 of crpc
[41] Report of joint committee- dated
on 4/12/1972 page 20
[42] . RATANLAL & DHIRAJLAL,
"CODE OF CRIMINAL PROCEDURE", 2006, pp. 533-34
[43] . 41st Report, p. 178, para 22.1.
[44] Section 260 (!)
[45] Section 261
[46] Chokla v. State of Mysore, (1962)
2 CILJ 705
[47]
Law Commission's 41st Report, p. 181, para 22.5.
[48] S. 260 (2); see also Kanak Chandra
v. Supdt. of Police, AlR 1955 Ass 240: 1955 CILJ 1474; State of Gujarat v.
Dashrath Lal, 1971 CrLJ 1244 : (1971) 12 Guj LR 648.
[49] Section-263
[50]
154 law commission report
Comments