When can a Magistrate conduct trials of offences punishable beyond 3 years of imprisonment?
A trial is an important process in the Criminal Justice System. In this process, it is determined whether the accused is actually guilty of an offence or not. Now there is a distinction to the types of offences, mainly depending upon the severity and the seriousness of offence- the two types of heads vis:-seriousness of the offence, criminal cases are categorized under two heads viz:
Summon Cases are those cases which relates to offences which are not being of a warrany nature. It is defined in 2(w) of the code of criminal procedure, which defines summons case as summons case means a case relating to an offence and not being a warrant case. Where as Warrant Cases as defined in 2(x) are those cases relating to an offence punishable by death, imprisonment for life or imprisonment for a term exceeding two years.
[Chapter XX containing see. 251 to 259 of the code of criminal procedure 1973, lays down the provisions relating to procedure for trial in a summons ease.]
In the matter of warrant cases, the more heinous nature of offences like murder, robbery, rape, acid attack, dowry deaths are in the Court of Session where as the ?lesser serious cases are triable by the Courts of Magistrate. Trial of Criminal cases may be explained with reference to the following heads:
·??????Trial (of Warrant-Cases) before a Court of Session.
·??????Trial of Warrant-Cases by Magistrates.
·??????Trial of Summons-Cases by Magistrates.
·??????Summary Trials.
Though as per Schedule 1 of CRPC, 1973, the maximum award of punishment that a magistrate can order is up to 3 years of imprisonment, however, if at prima facie, it is seen that, the crime committed is not of heinous nature that may incur an award of punishment beyond 3 years, a Magistrate can certain offenses if he finds it competent to conduct the trail. However, even for crimes punishable with imprisonment beyond 3 years, and those of heinous nature, no Session Judge can conduct the trail, until a First Class Magistrate takes cognizance of the warrant case and commits it for the session trial.
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Say for example, in a case, the charges levied on the accused are- Sec 354 IPC, Sec 354D IPC, Sec 506 IPC, Sec 451 IPC r/w Sec 443 IPC, Sec 323 IPC r/w 350 IPC & 351 IPC. These charges are mostly warrant triable cases. As per Crpc, warrant cases are those cases where the punishment is generally of death sentence, life-time imprisonment, or with an imprisonment exceeding for 2 years. Here, any First Class Magistrate can try these cases, as the cases comprises of punishment of minimum of 1 years and may extend a punishment extending up to 5 years, if proved guilty of Sec 354 IPC.?
Summary of the nature of Charges cited here as an example:
a. Bailable: Sec 354D IPC, Sec 451 IPC, Sec 506 IPC, Sec 323 IPC.
b. Non-Bailable: Sec 354 IPC.
c. Cognizable: Sec 354D IPC, Sec 451 IPC, Sec 354 IPC
d. Non-Cognizable: Sec 506 IPC, Sec 323 IPC
e. Triable by which Court: --- Magistrate Triable: Sec 506 IPC, Sec 323 IPC, Sec 354D IPC, Sec 451 IPC, Sec 354 IPC