SESSIONS TRIAL

Justice V. Ramkumar

Depending on the gravity of the offences and the punishment prescribed therefor,

criminal trial under the Code of Criminal Procedure, 1973 (Cr.P.C for short) has been

classified into two viz., Magisterial trial and Sessions trial. The first schedule to the

Cr.P.C. is divided into two parts namely, Part I and Part II. Column I of the first part of

the first schedule enumerates the list of offences punishable under the Indian Penal Code

and Column 6 thereof indicates the court by which those offences are triable. Those

courts are either the Magistrate’s courts or the courts of Session. The second part of the

first schedule deals with offences punishable under other laws. In the absence of any

specific provision under such other laws regarding investigation, inquiry or trial, the

procedure prescribed under the Cr.P.C. for the same shall be applicable by virtue of Sec.4

(2) of Cr.P.C. If under the special law the offence is punishable with imprisonment for

life or imprisonment for more than 7 years, then by virtue of the second part of the I

schedule to Cr.P.C. the offence shall be triable by a Court of Session.

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Haider Ajaz