Section TRIAL BEFORE MAGISTRATE

of Cr.PC

154 Commission of a cognizable offence / Registration of FIR:

Every information relating to the commission of a cognizable offence

given to related police station and the informant also signs this
information.

156 Investigation in cognizable cases:

Any officer in charge of a police-station may, without the order of a

Magistrate, investigate any cognizable case.

155 Commission of non-cognizable offence / Investigation in non-

cognizable cases:

When an in charge of a police station receives an application for non-

cognizable offence, he mentioned that information in his daily diary and
refer it to concerned Magistrate.

498 Pre Arrest Bail Applied:

Any accused moves a pre-arrest bail under this section.

69-73 Procedure for Summons:

The summons shall be served personally to the person summoned by

the competent court, and the summons served to company to its
authorized person, who may be its secretary, local manager or principal
officer.

205 Magistrate may dispense with personal attendance of accused:

A magistrate may dispense with personal attendance of accused and

permit him to appear by his pleader, and whenever magistrate wants he
may give directions to accused for his personal attendance.
75-79 Warrant of Arrest / Accused arrested:

Any Court issuing a warrant for the arrest of any person and if such
person executes a surety bond for his attendance before the Court, the
officer to whom the warrant is directed shall take such security and
release such person from custody.

Proclamation for person absconding:

If any Court has reason to believe that any person against whom a
87 warrant has been issued is concealing himself to the court, then such
Court may publish a written proclamation against that person and
requiring him to appear at a specified time not less than thirty days from
the date of publishing such proclamation.

88 Attachment of property of person absconding:

When the Court issuing a proclamation and that person does not appear
before the court, then court may at any time order the attachment of
property, movable or immovable, or both, belonging to the proclaimed
person.

81 Person arrested to be brought before the court before delay of 24

hours:

When a police-officer arrests such accused shall without unnecessary

delay bring the person arrested before the competent Court.

496 Post Arrest bail in matter of right:

When any person is arrested or detained without warrant by an officer in

charge of a police-station, or is brought before a Court, such person can
move a bail-application as matter of right and shall be released on bail.

497 Post Arrest bail applied:

When any person accused of any non-bailable offence is arrested by an

officer in charge of a police-station, or is brought before a Court, he may
 be released on bail,
the court may grant the bail on priority to any person under the age of
sixteen years, any woman or any sick person.

170 Charge sheet filed before the Magistrate:

When the officer-in-charge of the police-station finds that there is

sufficient evidence or reasonable grounds are available against such
accused, he shall forward the accused under custody to a Magistrate.

173 Report of Police Officer (Challan):

The in charge of a police station shall be completed the investigation of

an offence without unnecessary delay, and shall forward that
investigation report to concern Magistrate.

242 Framing of charge before Magistrate:

When Magistrate presumes after the report submitted by in charge of

police that the accused has committed an offence, the Magistrate shall
frame a charge in which he shall be asked whether accused admits that
he has committed the offence with which he is charged or not.

353-364 Evidence:

All the evidence shall be recorded in the presence of the accused or

when his personal attendance is dispensed with, then in presence of his
pleader.

132 Q.S.O Examination in chief:

Statements of the witnesses are recorded under this section.

134 Q.S.O Cross-examination:

Cross-examination of all the witnesses is observed under this section.

 249 Power of Magistrate to stop proceedings:

a Magistrate may stop the proceedings of the case at any stage without
pronouncing any judgement and may also release the accused, if he
finds that there is no complainant appears in case or evidence is
insufficient.

249-A Power of Magistrate to acquit the accused:

A Magistrate may acquit the accused at any stage if he finds that the
evidence is not available.

366-373 Judgement by the court:

The judgment shall be pronouncedin open Court either immediately

after the termination of the trial or at some subsequent time of which
notice shall be given to the parties or their pleaders.

TRIAL BEFORE COURT OF SESSIONS

265-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.

265-C Supply of statements and documents to accused:

In all cases instituted upon police report, copies of the relevant

documents shall be supplied free of cost to the accused not later than
seven days before the commencement of the trial.

265-D When charge is to be framed:

After perusing the police report and all other documents filed by the
prosecution, the Court is of opinion that there is ground for proceeding
with the trial of the accused it shall frame the charge against the
accused.
265-E Plea:

The charge shall be read and explained to the accused, and he shall be
asked whether he is guilty, If the accused pleads guilty the Court shall
record the plea, and may in its discretion convict him.

265-F Evidence for prosecution:

If the accused does not plead guilty, the Court shall proceed to hear the
complainant and take all such evidence as may be produced in support
of the prosecution.

265-H Acquittal or conviction:

If in any case under this Chapter in which a charge has been framed the
Courts finds the accused not guilty, it shall record an order of acquittal
and if finds guilty pass a sentence according to law.

265-J Statement under section 164 admissible:

The statement of a witness duly recorded under Section 164 is

admissible by the court.

265-K Power of Court to acquit accused at any stage:

The Court may at any stage acquit the accused if after hearing the
prosecutor and accused court finds that there is no probability of the
accused to involvement in alleged offence.