What is difference between session trial and magistrate trial?
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What is difference between session trial and magistrate trial?
The Judicial Magistrates try cases of less serious nature. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
What is the difference between Sessions Court and magistrate court?
Court of Sessions Judge is presided over by a Judge appointed by the government and Courts of Magistrate are presided by a Judicial Magistrate. Court of Magistrate is under control of and subordinate to the Sessions Judge. But any death sentence passed by such judge needs the confirmation from the High Court Division.
Is trial court and Session Court same?
A Civil Court deals with disputes related to civil law, whereas a Sessions Court usually deals with criminal cases. Sometimes appellate courts provides discretion for the trial court to operate.
What is a session trial?
Process of session trial: Session Court deals with criminal matters at a district level. All the details regarding what all charges are framed against him need to be mentioned in a court of law. After this stage, if the magistrate feels that there is no case regarding the accused person then he will be discharged.
What is Session trial under CrPC?
The CrPC divides criminal trial into sessions trial and magistrate trial. Whether an offence is triable by a Court of Session or Magistrate’s Court is specified under the First Schedule of the Code. When a District Court exercises its jurisdiction over criminal matters it is referred as a Court of Session.
What is trial before Court of Session?
Parties (sec. 225): In a trial before a court of session, the prosecution shall be conducted by a public prosecutor. The accused has a right to engage a counsel of his choice. If he cannot afford to engage the defence counsel, the court engaged at the state expenses.
What is difference between magistrate and judge?
A magistrate is a minor judicial officer or a civil officer of a state who handles minor cases in a specific area like a town, district etc. A Judge is a judicial officer who administers court proceedings and gives the judgment on the legal cases after analyzing the facts and evidence related to the case.
What is Sessions trial in CrPC?
What are the trials done by the court of Sessions?
In India, the Sessions Court has responsibility for adjudicating matters related to criminal cases. The court takes the responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases. Trial is an important process to determine whether the accused is guilty of an offence.
What is the procedure of a trial in a Sessions case?
What is the procedure of Trial before Session court?
- Trial to be conducted by Public Prosecutor (section 225)
- Opening case for prosecution ( Section 226)
- Discharge (section 227)
- Framing of charge (section 228)
- Conviction on plea of guilty (section 229)
- Date for prosecution evidence (Section 230)
What is the difference between magisterial and sessions trial in India?
In short Magisterial trial in India is held in the cases where the maximum punishment is up to 7 years. Sessions trial are those cases where the punishment is for more than 7 years and up to death sentences.
What is the procedure for a trial before a Court of Session?
Section 225-237 of the Code deals with the procedure for a trial before a Court of Session. A session trial is coupled with arguments, evidence and cross-examinations. A sessions’ trial can be conducted in the following stage: A trial is initiated by the prosecution who tries to prove the guilt of the accused through evidence.
What do you mean by special sessions trial?
Sessions trial are those cases where the punishment is for more than 7 years and up to death sentences. In code of Criminal Procedure 1973 there is a table of the crimes indication the offence, whether cognizable or non cognisable, bailable or non bailable with the quantum of sentences indicating as to which crime would be tried by which court.
What are the different types of trials in Criminal Procedure?
Depending upon the gravity of offences and their punishment, the Code of Criminal Procedure, 1973 divides criminal trials into Magisterial trial and Sessions trial. The first schedule to the Cr.P.C. specifies the offences punishable under Indian Penal Code, 1860, triable either in Magistrates’ Courts or in Court of Session.