CrPC Section 474: Trials Before High Court – Explained
1. State the Code
Section 474 of the Code of Criminal Procedure (CrPC) deals with the trial of certain offenses before the High Court.
2. Explain it
This section outlines the circumstances under which certain offenses are tried directly by the High Court instead of the lower courts. This typically applies in situations where the accused is a high-ranking government official or where the offense involves significant public interest or national security.
Key Provisions:
- Offenses Triable by High Court: Section 474 specifies certain offenses that can be tried by the High Court, such as:
- Offenses against the State (e.g., treason, sedition)
- Offenses relating to public servants (e.g., bribery, corruption)
- Offenses involving national security
- Other offenses as specified by the Central Government
- Power of High Court: The High Court has the power to:
- Issue warrants for the arrest of the accused
- Conduct the trial
- Pronounce judgment and sentence
- Jurisdiction: The High Court’s jurisdiction to try such offenses is usually based on the location of the crime or the residence of the accused.
3. Illustrate it
Imagine a case where a senior government official is accused of accepting bribes. The Central Government, considering the sensitive nature of the case, decides that the offense should be tried by the High Court. In this scenario, the High Court will have the authority to conduct the trial, pronounce the judgment, and impose the sentence.
4. Common Questions and Answers:
Q: What are the specific offenses that can be tried by the High Court under Section 474?
A: The specific offenses are mentioned in the section itself and may also include offenses declared triable by the Central Government.
Q: Can any citizen file a case directly in the High Court under this section?
A: No, the prosecution in such cases is usually initiated by the State or the Central Government, not by an individual citizen.
Q: What are the advantages of trying a case before the High Court?
A: Trials before the High Court are usually considered more fair and impartial due to the High Court’s higher status and experience in handling complex legal issues.
