Types of Trial in CrPC
π Types of Trials under CrPC (Criminal Procedure Code), 1973
The CrPC classifies trials based on the nature and gravity of the offence. Each type of trial has a distinct procedure. There are primarily four types of trials:
1. Session Trial (Sections 225β237, CrPC)
β€ Applicable When:
The offence is punishable with death, life imprisonment, or imprisonment over 7 years.
Such offences are exclusively triable by a Court of Session.
β€ Key Features:
Begins after committal by a Magistrate under Section 209.
Public Prosecutor conducts the prosecution (Sec. 225).
Charge is framed by the Sessions Judge (Sec. 228).
Follows a more formal and elaborate procedure.
β€ Example:
Murder, rape, dacoity, etc.
2. Warrant Trial (Sections 238β250, CrPC)
β€ Applicable When:
The offence is punishable with imprisonment exceeding 2 years.
Can be tried either by a Magistrate of First Class or Second Class (if empowered).
β€ Types:
On Police Report (Section 238β243)
Otherwise than on Police Report (Section 244β247)
β€ Key Features:
Charge is framed formally.
Opportunity given for cross-examination of prosecution witnesses.
Detailed recording of evidence.
β€ Example:
Theft over βΉ5,000, cheating, grievous hurt, etc.
3. Summons Trial (Sections 251β259, CrPC)
β€ Applicable When:
The offence is punishable with imprisonment up to 2 years.
Tried by a Magistrate.
β€ Key Features:
No formal framing of charges.
Accused is informed of the offence orally (Sec. 251).
Procedure is simple and faster.
Case can be withdrawn or compounded easily.
β€ Example:
Public nuisance, simple hurt, defamation, minor theft.
4. Summary Trial (Sections 260β265, CrPC)
β€ Applicable When:
The offence is minor and petty, e.g., punishable with fine or imprisonment up to 2 years.
Can be tried summarily by specially empowered Magistrates.
β€ Key Features:
Quick disposal β judgement must be recorded in brief.
Sentence canβt exceed 3 months.
No detailed record of proceedings.
Intended to reduce court burden.
β€ Example:
Petty theft, traffic offences, breach of peace.
π Summary Table:
| Type of Trial | Court Type | Nature of Offence | Max Punishment | Procedure Complexity |
|---|---|---|---|---|
| Session Trial | Court of Session | Serious offences (e.g., murder, rape) | Death/Life/ >7 years | High |
| Warrant Trial | Magistrate (1st/2nd Class) | Moderate offences (>2 years) | >2 years | Moderate |
| Summons Trial | Magistrate | Minor offences (β€2 years) | β€2 years | Simple |
| Summary Trial | Empowered Magistrate | Petty offences | β€3 months (max sentence) | Very simple |
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