CrPC Section 312
🔹 Bare Language of Section 312 CrPC:
"When the accused has been committed to the Court of Session or High Court, the Public Prosecutor may open the case by stating the charges brought and the evidence by which he proposes to prove the guilt of the accused."
🔍 Explanation in Simple Terms:
Section 312 of the Code of Criminal Procedure (CrPC) deals with the opening of a case by the Public Prosecutor in a Sessions Trial.
Let’s break this down step by step:
⚖️ 1. When Does Section 312 Apply?
It comes into play after the accused is committed to the Court of Session for trial. This usually happens when the Magistrate commits a case to the Sessions Court under Section 209 CrPC (because the offence is triable only by a Sessions Court – e.g., murder, rape, etc.).
🧑⚖️ 2. Who Acts Under This Section?
The Public Prosecutor (appointed by the State) acts under this section. The prosecutor represents the State and is responsible for presenting the case against the accused.
📜 3. What is the “Opening of the Case”?
At the beginning of the trial in the Court of Session, the Public Prosecutor opens the case by:
Stating the charges framed against the accused (which have already been framed under Section 228 CrPC by the Court of Session).
Outlining the evidence he intends to present to prove that the accused is guilty.
This is similar to an introductory address or summary where the prosecutor tells the court what the case is about and how he plans to prove it.
📌 Purpose of Section 312:
The purpose is to:
Inform the Court of the nature of the prosecution’s case.
Give the accused and defense counsel an idea of what is coming, so they can prepare.
Provide a roadmap of how the prosecution plans to prove the case.
This sets the stage for the rest of the trial.
🧷 Key Points to Remember:
| Aspect | Explanation |
|---|---|
| Stage | After committal to Sessions Court, and after charges are framed. |
| Who | Public Prosecutor. |
| What | Opening statement explaining charges and evidence. |
| Why | To initiate the trial and present the case structure. |
| Binding Nature | The prosecutor is not bound strictly by this statement, but it gives an idea of the direction of the prosecution. |
✅ Legal Importance:
Although the opening statement is not "evidence" itself, it lays the foundation of the prosecution's case. The actual proof comes through witnesses and documents during the trial. However, if the prosecution drastically departs from what is stated in the opening, the defense can question the credibility or preparedness of the prosecution.
🧠 Example for Clarity:
Suppose someone is charged with murder. After the case is committed to the Sessions Court:
The Public Prosecutor starts the trial by saying:
"The accused is charged under Section 302 IPC. He is alleged to have stabbed the deceased after an argument at his house. The prosecution will present witnesses, including the eyewitness, the forensic expert, and the police officer who investigated the scene."
This summary is what Section 312 mandates – a formal opening of the case.
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