Trial Before A Court Of Session MCQ Quiz - Objective Question with Answer for Trial Before A Court Of Session - Download Free PDF

The correct answer is Language which accused understands

Key Points

• As per Section 228 of the Code of Criminal Procedure, 1973,
  • The charge must be written in the language which the accused understands.
• This is essential for ensuring fair trial and natural justice, as the accused must fully understand the charge against them to prepare their defense.
• If the accused does not understand the court’s language, it must be translated or written in a language he/she understands.

Additional Information

• Option 2. Language which witnesses understand: Witnesses’ understanding is irrelevant for framing charges.
• Option 3. Language of the Court: Court’s official language is used, but charges must be explained in accused’s language for comprehension.
• Option 4. Hindi language: Hindi is one official language, but not mandatory for all states/accused.

The correct answer is Option 2.

Key Points

• Section 225 of the Criminal Procedure Code deals with 'a trial to be conducted by Public Prosecutor'.
• In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. This means that the legal representative responsible for presenting the case against the defendant in court is the Public Prosecutor.
• They represent the state or the government in criminal proceedings and are responsible for presenting evidence, examining witnesses, and making legal arguments to secure a conviction.

The correct answer is option 4.Key Points

• Section 224 of Criminal Procedure Code 1973 deals with withdrawal of remaining charges on conviction on one of several charges.
• When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

The correct answer is option 2.Key Points

• Section 237 of Criminal Procedure Code 1973 deals with Procedure in cases instituted under section 199(2).
  • A Court of Session taking cognizance of an offence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
    Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
  • Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
  • (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
  • (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
  • (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
  • (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
  • Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
  • (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
  • (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

The correct answer is option 4.

Key PointsSection 223 of CrPC provides What persons may be charged jointly.—The following persons may be charged and tried together, namely:—
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
(c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same transaction;
(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence
committed by the first-named persons, or of abetment of or attempting to commit any such last named offence;
(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860)
or either of those sections in respect of stolen property the possession of which has been transferred by one offence;
(g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the [Magistrate or Court of Session] may, if such persons by an application in writing, so desire, and [if he or it is satisfied] that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

Additional Information In the context of the Code of Criminal Procedure (CrPC), the term "charge" refers to a formal accusation of a crime made against a person. The process of charging someone is a crucial step in the criminal justice system that initiates the trial proceedings.

1. Framing of Charge:
   - A charge is typically framed by the court after considering the evidence and statements presented during the investigation.
   - The charge is a formal statement that outlines the specific criminal offenses alleged against the accused.

2. Purpose of Charge:
   - The primary purpose of framing a charge is to inform the accused of the precise nature and details of the allegations made against them.
   - It enables the accused to prepare a defense and respond to the charges during the trial.

3. Contents of a Charge:
   - A charge should specify the offense(s) for which the accused is being charged.
   - It should provide details about the relevant sections of the law under which the accused is charged.
   - The charge should be clear and specific, avoiding ambiguity.

4.  Alteration of Charges :

   - In certain situations, the court may alter or add to the charges during the course of the trial, based on the evidence presented.
   - The accused is generally given an opportunity to respond to any alterations in the charges.

5. Effects of Framing a Charge:
   - Once a charge is framed, the trial proceedings move forward, and the accused is expected to enter a plea (guilty or not guilty).
   - If the accused pleads not guilty, the trial continues, and the prosecution presents evidence to establish the charges.

It's important to note that the specific procedures related to framing charges may vary depending on the legal system and jurisdiction. The Code of Criminal Procedure in a particular country or state provides detailed provisions and guidelines regarding the process of charging individuals accused of crimes.

The correct answer is Language which accused understands

Key Points

• As per Section 228 of the Code of Criminal Procedure, 1973,
  • The charge must be written in the language which the accused understands.
• This is essential for ensuring fair trial and natural justice, as the accused must fully understand the charge against them to prepare their defense.
• If the accused does not understand the court’s language, it must be translated or written in a language he/she understands.

Additional Information

• Option 2. Language which witnesses understand: Witnesses’ understanding is irrelevant for framing charges.
• Option 3. Language of the Court: Court’s official language is used, but charges must be explained in accused’s language for comprehension.
• Option 4. Hindi language: Hindi is one official language, but not mandatory for all states/accused.

The correct answer is Option 2.

Key Points

• Section 225 of the Criminal Procedure Code deals with 'a trial to be conducted by Public Prosecutor'.
• In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. This means that the legal representative responsible for presenting the case against the defendant in court is the Public Prosecutor.
• They represent the state or the government in criminal proceedings and are responsible for presenting evidence, examining witnesses, and making legal arguments to secure a conviction.

The correct answer is Sec. 225 to sec. 237 of CrPC

Key Points

• Trial before a Court of Session is governed by Sections 225 to 237 of the Code of Criminal Procedure, 1973.
• Key features include:
  • Section 225 – Prosecution to be conducted by a Public Prosecutor.
  • Section 226 – Opening case for the prosecution.
  • Section 227 – Discharge of the accused if no sufficient ground.
  • Section 228 – Framing of charge if prima facie case exists.
  • Section 229 to 237 – Deal with the process of trial including plea, evidence, judgment, etc.
• These provisions apply when serious offences (like murder, rape, etc.) are tried by a Sessions Court.

Additional Information

• Sections 262 to 265 – Deal with summary trials, not sessions trials.
• Sections 238 to 250 – Apply to warrants cases instituted otherwise than on police report.
• Sections 251 to 269 – Concern warrant cases instituted on police report and summons cases.

The correct answer is Section 229 

Key PointsSection 229 of the Criminal Procedure Code, 1973 deals with Conviction on plea of guilty. 

It states that : If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
 

The correct answer is option 4.Key Points

• Section 224 of Criminal Procedure Code 1973 deals with withdrawal of remaining charges on conviction on one of several charges.
• When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

The correct answer is option 2.Key Points

• Section 237 of Criminal Procedure Code 1973 deals with Procedure in cases instituted under section 199(2).
  • A Court of Session taking cognizance of an offence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
    Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
  • Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
  • (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
  • (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
  • (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
  • (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:
  • Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
  • (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
  • (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

The correct answer is option 4.

Key PointsSection 223 of CrPC provides What persons may be charged jointly.—The following persons may be charged and tried together, namely:—
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;
(c) persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same transaction;
(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence
committed by the first-named persons, or of abetment of or attempting to commit any such last named offence;
(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860)
or either of those sections in respect of stolen property the possession of which has been transferred by one offence;
(g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the [Magistrate or Court of Session] may, if such persons by an application in writing, so desire, and [if he or it is satisfied] that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

Additional Information In the context of the Code of Criminal Procedure (CrPC), the term "charge" refers to a formal accusation of a crime made against a person. The process of charging someone is a crucial step in the criminal justice system that initiates the trial proceedings.

1. Framing of Charge:
   - A charge is typically framed by the court after considering the evidence and statements presented during the investigation.
   - The charge is a formal statement that outlines the specific criminal offenses alleged against the accused.

2. Purpose of Charge:
   - The primary purpose of framing a charge is to inform the accused of the precise nature and details of the allegations made against them.
   - It enables the accused to prepare a defense and respond to the charges during the trial.

3. Contents of a Charge:
   - A charge should specify the offense(s) for which the accused is being charged.
   - It should provide details about the relevant sections of the law under which the accused is charged.
   - The charge should be clear and specific, avoiding ambiguity.

4.  Alteration of Charges :

   - In certain situations, the court may alter or add to the charges during the course of the trial, based on the evidence presented.
   - The accused is generally given an opportunity to respond to any alterations in the charges.

5. Effects of Framing a Charge:
   - Once a charge is framed, the trial proceedings move forward, and the accused is expected to enter a plea (guilty or not guilty).
   - If the accused pleads not guilty, the trial continues, and the prosecution presents evidence to establish the charges.

It's important to note that the specific procedures related to framing charges may vary depending on the legal system and jurisdiction. The Code of Criminal Procedure in a particular country or state provides detailed provisions and guidelines regarding the process of charging individuals accused of crimes.

The correct answer is Option 2.

Key Points

• When a suit is brought and determined in a court which has no jurisdiction in the matter, it is said to be coram non judice and the judgment thus delivered is considered void. It refers to those proceedings of a court of law which take place before a judge who is not competent to decide or before the court which has no jurisdiction over the case.
• In other words, a decree passed by a Court without jurisdiction over the subject matter or on other grounds which goes to the root of its exercise of jurisdiction, lacks inherent jurisdiction is a coram non judice. A decree passed by such a court is a nullity and is non-est. Its invalidity can be set up whenever it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings.
• In the Industrial Credit vs. Sharad Khanna And Others, the Bombay High Court held that “If a Court were to make a decree contrary to the law as laid down by the Full Bench, such a decree is not merely erroneous, but one without jurisdiction, made by a corum non judice, and, hence, the decree would be a nullity or non est. Such a decree, made by a Coram non judice, can be challenged, wherever and whenever it is sought to be relied upon.

The correct answer is Option 3.

Key PointsSection 209 in The Code of Criminal Procedure, 1973
Commitment of case to Court of Session when offence is triable exclusively by it.

• When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Sessions, he shall -
  • (a) [ commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;] [Substituted by Act 45 of 1978, Section 19 for Cl (a) (w.e.f. 18-12-1978).]
  • (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial;
  • (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
  • (d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

The correct answer is Option 3.

Key PointsSection 28 – Sentences which High Courts and Sessions Judges may pass

1. A High Court may pass any sentence authorised by law.
2. 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.
3. An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.