| Sl. No. | Old/Existing Provision | New Provision under 2023 Law. |
|---|---|---|
|
1) |
Sessions Trial Chapter XVIII Section 225-237 of the CrPC. |
Sessions Trial Chapter-XX Section 248-260 of the SAMHITA. |
|
2) |
Trial to be opened by the PP. (S. 225) |
Trial to be opened by the PP. (S. 248) |
|
3) |
The PP shall open his case after
committment u/s 209 by describing
the charge brought against the
accused and stating by what
evidence he proposes to prove the
guilt of the accused.
S. 226 of the CrPC |
The PP shall open his case after
committment u/s 232 of the Samhita by
describing the charge brought against the
accused and stating by what evidence he
proposes to prove the guilt of the accused.
(S. 249 of the Samhita) |
|
4) |
The judge, after going through the
record and hearing the accused on
discharge, in appropriate cases
discharge the accused.
S. 227 of the CrPC |
The accused can prefer a petition of
discharge within 60 days from the date of
committal of the case. [So now a time
limit of 60 days has been introduced]
(S. 250 of the Samhita) |
|
5) |
Based on the material, available on
record, the court can either:
(i) transfer the case to the court of
CJM, or JM I Class,
or (ii) Frame charge.
S. 228 of the CrPC |
Based on the material, available on record,
the court can either:
(i) transfer the case to the court of CJM, or
JM I Class,
or (ii) Frame charge either, in the physical
or the virtual presence of the accused.
(S. 251 of the Samhita) |
|
6) |
If the accused pleads guilty, the
Judge shall record the plea and
may, in his discretion, convict him.
S. 229 of the CrPC |
If the accused pleads guilty, the Judge shall
record the plea and may, in his discretion,
convict him.
(S. 252 of the Samhita) |
|
7) |
If not pleaded guilty then the court
will fix a date for recording
evidence etc.
S. 230 of the CrPC |
If not pleaded guilty then the court will fix
date for recording evidence etc.
(S. 253 of the Samhita) |
|
8) |
Provision relating to recording of
Evidence of a witness.
S. 231 of the CrPC |
Evidence of a witness, both, official and nonofficial, under this subsection may also be
recorded by audiovideo electronic means.
(S. 254 of the Samhita) |
|
9) |
If after recording evidence, no case
is made out then the accused will
be acquitted.
S. 232 of the CrPC |
If after recording evidence, no case is made
out then the accused will be acquitted.
(S. 255 of the Samhita) |
|
10) |
Recording defence evidence. S. 233 |
Defence Evidence to be recorded. S. 256 |
|
11) |
Argument to be heard of both the
sides.
S. 234 of the CrPC |
Argument to be heard of both the sides.
(S. 257 of the Samhita) |
|
12) |
After hearing the parties, the court
will deliver Judgment.
S. 235 of the CrPC (In the old provision there was no time limit set under the code.) |
Judgment to be delivered within a period of
30 days from the date of completion of
arguments, which may for specific reasons
extend to a period of sixty days.
So, a time limit has been fixed for
pronouncing judgment after hearing
the parties.
(S. 258 of the Samhita) |
|
13) |
Where a previous conviction is
charged and the accused denies
that he has been previously
convicted, the Judge may, take
evidence in respect of the alleged
previous conviction, and shall
record a finding thereon:
S. 236 of the CrPC |
Where a previous conviction is charged and
the accused denies that he has been
previously convicted, the Judge may, take
evidence in respect of the alleged previous
conviction, and shall record a finding
thereon:
(S. 259 of the Samhita) |
|
14) |
Provision for compensation and
punishment for the complainant in
cases of unreasonable accusation.
S. 237 of the CrPC |
Provision for compensation and punishment
for the complainant in cases of unreasonable
accusation.
(S. 260 of the Samhita) |