SOP Station House Management by Kerala Police

9
COURT CRAFT
The term trial has not
been defined in the CrPC.
Trial may be said to be a judicial
proceeding which ends
in conviction or acquittal of
the accused. Trial is ‘every
proceeding which begins
when the accused is
called on to answer’. A
trial must be deemed to have
been concluded on the date
on which judgment is pronounced.
In a case triable
exclusively by the Court of
Session, the trial commences
when the charge is read over
and explained to the accused
and he is asked whether he
pleads guilty of the offence
charged or claims to be tried.
The Officer-in-charge of a Police
Station, either out of his
own accord or on endorsement
of a Magistrate investigate
cases and on completion
of investigation submits
reports to- the Magistrate empowered
to take cognizance
(Section 173 CrPC). These reports
which are termed as Police
Reports are two types:
(1) Charge Sheet (2) Referred
Charge Sheet or Final Report.
9.1 Types of
Courts
Besides the High Courts and
the Court constituted under
any law, other than CrPC,
there shall be in every State,
the following classes of Criminal
Courts (Section 6 CrPC).
1) Courts of Session.
2) Chief Judicial Magistrate.
3) Judicial Magistrate
of First Class and in any
metropolitan area, Metropolitan
Magistrates.
4) Executive Magistrate.
9.2 Courts by
which Offences
are Triable
Subject to the other provisions
of Criminal Procedure
Code
(a) Any Offences under
the Indian Penal Code may be
tried by
(i) The High Court, or
(ii) The Court of Session,
or
(iii) Any other Court by
which such offences is shown
in First Schedule to be triable.
(b) Any offence under any
other law shall, when any
Court is mentioned in this
behalf in such law, be tried
by such Court and when no
Court is so mentioned, may be
tried by,
(i) The High Court, or
(ii) Any other Court by
which such offence is shown in
99
the First Schedule to be triable.
The competency to award
punishments is mentioned in
Sections 28 to 29 of CrPC. According
to Section 28,
(1) A High Court may
pass any sentence authorized
by law,
(2)A Sessions Judge or
Additional Sessions Judge
may pass any sentence authorized
by law, but any sentence
of death passed by any
such Judge shall be subject to
confirmation by High Court,
(3) An Assistant Sessions
Judge may pass any sentence
authorized by law except a
sentence of death, or of imprisonment
for life, or of imprisonment
for a term exceeding
ten years.
9.3 sentences
which can be
awarded by a
Magistrate
According to Section 29
CrPC, the sentences which
can be awarded by a Magistrate
are as follows.
(1) The Court of Chief
Judicial Magistrate may pass
any sentence authorized bylaw
except sentence of death
or of imprisonment for life or
of imprisonment for a term ex-