Entering upon defence, Arguments, Judgment of acquittal of conviction and Previous conviction are defined under Section 233, 234, 235 and 236 of CRPC 1973. Provisions under these sections are:
Section 233 of CRPC "Entering upon defence"
(1) Where the accused is not acquitted under
section 232, he shall be called upon to enter on his
defence and adduce any evidence he may have in
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
Section 234 of CRPC "Arguments"
When the examination of the witnesses (if any)
for the defence is complete, the prosecutor shall
sum up his case and the accused or his pleader shall
be entitled to reply:
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Section 235 of CRPC "Judgment of acquittal of
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.
Section 236 of CRPC "Previous conviction"
In a case where a previous conviction is charged
under the provisions of sub-section (7) of section
211, and the accused does not admit that he has been
previously convicted as alleged in the charge, the
Judge may, after he has convicted the said accused
under section 229 or section 235, take evidence in
respect of the alleged previous conviction, and
shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.
TRIAL BEFORE A COURT OF SESSION
RIAL BEFORE A COURT OF SESSION
What is Entering upon defence? What is Arguments in Criminal Case? What is Judgment of acquittal of conviction? What is the effect of Previous conviction? Section 233, 234, 235 and 236 of Code of Criminal Procedure 1973
What is Compliance with section 207? When accused shall be discharged? What is Framing of charge? What is Conviction on plea of guilty? Section 238, 239, 240 and 241 of Code of Criminal Procedure 1973
Cases instituted otherwise than on police report
What is Evidence for prosecution? When accused shall be discharged? What is the procedure when Procedure where accused is not discharged? What is Evidence for Defence? Section 244, 245, 246 and 247 of Code of Criminal Procedure 1973
Conclusion of trial