Types of Criminal Trials
Before we proceed further, we must note that according to Criminal Procedure Code, criminal trial can be of tree types namely Trial in Warrant cases, Trial in Summon Cases and Summery Trial
Trial in Warrant Cases
Warrant cases are those cases in which an offence attracts a penalty of imprisonment for more than seven years and it includes offences punishable with death and life imprisonment. In such cases, the trial starts either by filing of FIR or by filing a complaint before a magistrate. And if the magistrate finds that the case relates to an offence carrying a punishment for more than two years, the case is sent to the sessions court for trial.
Section 193 of the Criminal Procedure Code clearly states that the session court can not take cognizance of any offence unless the case has been sent to it by a magistrate. The process of sending it to sessions court is generally calledcommitting it to sessions court.
Trial in Summon Cases
A summon case is a case which is not a warrant case. So in simple words, those cases in which an offence is punishable with an imprisonment of less than two years is a summon case. In this case, one must understand that if a magistrate, after looking into the case, thinks that a case is not a summon case, he may convert it into a warrant case. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called “notice”, to the accused when the person appears in pursuance to the summons.c
Summary Trial
Case of offenses punishable with an imprisonment of not more than six months can be tried in a summary way. It is also to be noted that if the case has been tried in a summary way, a person can not be awarded a punishment of imprisonment for more than three months.
