Trial by Magistrate in the Criminal Procedure Code (CrPC)
Trial by Magistrate
The trial of a criminal case refers to the proceedings that commence when the case is called upon with the magistrate presiding, the accused present in the dock, and representatives from both the prosecution and defense (if applicable) present in court for the hearing.
Procedure for Conducting Trial by a Magistrate
Section 241 of the CrPC mandates that a Magistrate adhere to the procedures outlined in sections 241 to 245 when conducting trials for cases within their jurisdiction.
The procedure for a magistrate to follow during a trial is as follows:
1) Providing statements and relevant documents to the accused;
2) Framing of charges in the presence of the accused;
3) Conviction of the accused upon admission of guilt;
4) Process when the accused pleads not guilty;
5) Presentation of evidence; and
6) Acquittal or sentencing
Cases Triable by a Magistrate
According to section 190, all magistrates of the first class, or any other magistrate authorized by the provincial government upon the recommendation of the High Court, may try the following cases:
i) Upon receiving a complaint that constitutes an offense triable by a magistrate
ii) Upon receiving a report from a police officer concerning an incident that constitutes an offense triable by a magistrate;
iii) Upon receiving a complaint from any person other than the aforementioned police officer;
iv) Based on the personal knowledge or reasonable belief of the concerned Magistrate.
Section 190 empowers a magistrate to try a case based on a police report, regardless of whether the case is cognizable by the police or not.
Object of Section 190
The purpose of section 190 is to fully empower a magistrate to try cases initiated based on complaints or police reports, enabling them to handle cases based on verbal or written information. They should promptly take cognizance of the offense whenever its occurrence comes to their attention.
Proceedings Based on a Police Report
Under section 190, a magistrate cannot try a case that has not been brought to their notice through a complaint or a police report. Therefore, a magistrate is authorized to try a case based on either a complaint or a police report.
A magistrate is not bound by a police report and may direct the police officer to prepare and submit a fresh challan, even if the investigation branch has reported that the relevant facts do not constitute an offense against the accused.
Requisites of a Written Complaint
According to sub-section 20 of section 241-a, in all cases initiated upon a written complaint submitted by the complainant, the complainant shall:
A) State the essence of the accusation;
B) Provide the names of their witnesses;
C) Mention the gist of the evidence they intend to present before the magistrate during the trial commenced on their complaint;
D) Within three days of the court’s order in this regard, file as many copies of the complaint and other relevant documents filed with their complaint as there are accused individuals.
Exception
When the complaint has been made by a court or a public officer acting in the discharge of their official duties as assigned by law, the following information shall not be included in the complaint:
a) Substance of the accusation;
b) Names of relevant witnesses; and
c) Gist of the evidence to be produced before the magistrate during the trial.
Framing of Charge in the Presence of the Accused
Under section 242, the magistrate is obligated to ensure the presence of the accused before proceeding to frame charges based on the available evidence. When the accused appears before them, the magistrate shall frame formal charge(s) strictly pertaining to the offense for which they are being tried. The accused will then be asked whether they admit to committing the offense they have been charged with based on the police report or the written complaint submitted by the complainant.
Conviction of the Accused upon Admission of Guilt
If, after the charge has been conveyed to the accused, they admit under section 243 to having committed the offense with which they have been charged, the magistrate is required to document their admission in writing, as closely as possible to the words used by the accused. An accused should not be convicted based on their admission if they fail to provide reasonable grounds for such admission.
Process When the Accused Pleads Not Guilty
According to section 244, when an accused has been formally charged and pleads not guilty, the magistrate is obligated to proceed with the trial under this section.
When Admission of Guilt Has Not Been Made
When the accused has not admitted guilt, the magistrate is required to hear the complainant and then consider all evidence presented in support of the prosecution. The magistrate shall also hear the accused and take into account any evidence they may present in their defense.
Acquittal
According to section 245, if the magistrate, after examining the evidence referred to under section 244 or any further evidence they have required to be produced on their own initiative, and after examining the accused, finds the accused not guilty of the offense charged, they shall record a written order for the acquittal of the accused.
Sentence
If the offense with which the accused has been charged falls within the jurisdiction of the magistrate, and the magistrate finds the accused guilty, they shall pass sentence upon the accused strictly in accordance with the law.
If the offense does not fall within their competence, the magistrate shall proceed under section 439 and, after recording their opinion, forward the accused to a magistrate of competent jurisdiction for the imposition of lawful punishment.