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Comparison between magistrate trial and session trial In detail
A magistrate does not have the power to give sentence of life imprisonment and death, while A judge has the power to give sentence of life imprisonment and death. After consultation with the High Court, the State Government may notify the number of courts of judicial magistrates of the first class and second class in every district. The judicial magistrate is subordinate to the Chief Judicial Magistrate and governed by the Session Judge. First Class Judicial Magistrate are allowed to pass a sentence of imprisonment for a maximum of 3 years or fine up to Rs. 5000 or both. Second Class Judicial Magistrate is known as the court of lowest level and can pass sentence for maximum of 1 year or fine up to Rs. 5000 or both. Chief Judicial Magistrate: A first class judicial magistrate is appointed as the chief judicial magistrate by the high court in every district. The chief judicial magistrate is subordinate to and controlled by session judge. They have the power to impose any fine or sentence of imprisonment, not more than seven years. Metropolitan Magistrate: The towns with population more than one million are considered as metropolitan areas and magistrate appointed for such areas are called Metropolitan Magistrate. The Metropolitan magistrate report to session judge and is subordinate to the chief metropolitan magistrate.
LowerCourt/District Court | 242/A, District Court Faisalabad
City: Faisalabad | 7-10 Years Experience | B.A, LL.B,LL.M (-)
magistrate tries summary or warrant cases like theft simple hurt and cheating etc means crime of lesser sentences upto 7 . while session court tries heinous or serious crimes like murder ,rape, dowry death etc. sentencing upto life imprisonment.
LowerCourt/District Court | Alfalah Arcade, Flat No 303, Bahria Town Phase VII, Rawalpindi
City: Islamabad | 3-5 Years Experience | LL.B (Honours),LL.M (-)
Magistrate trial is for less serious offences and is conducted by a Judicial Magistrate under the Code of Criminal Procedure. The Magistrate can award limited punishment, generally up to three years imprisonment, and cannot give death penalty or life imprisonment. These cases are simpler and the trial starts and ends before the Magistrate himself. Sessions trial is for serious and heinous offences like murder or rape. After initial proceedings before a Magistrate, the case is sent to the Court of Session. The Sessions Judge has full power to award death sentence, life imprisonment, or any severe punishment allowed by law. The procedure is more detailed and formal compared to a Magistrate trial.
LowerCourt/District Court | 7th floor, Fareed chambers Abdullah Haroon road Near High court of Sindh Karachi.
City: Karachi | 1-3 Years Experience | B.A, LL.B (-)
Under the Code of Criminal Procedure 1898 (CrPC), a Magistrate Trial and a Sessions Trial differ in jurisdiction, nature of offences, procedure, and powers of punishment. A Magistrate Trial is conducted by a Judicial Magistrate and generally deals with less serious offences. The procedure is comparatively simple and speedy. In terms of punishment, a Magistrate has limited powers; for example, a Judicial Magistrate of the First Class may award imprisonment up to three years, a fine up to fifteen thousand rupees, or both, while lower magistrates have even lesser powers. On the other hand, a Sessions Trial is conducted by a Court of Sessions for serious offences such as murder and other grave crimes. Such cases are usually committed to the Sessions Court by a Magistrate after preliminary proceedings. The procedure is more formal and detailed, involving framing of charge, recording of prosecution evidence, defence evidence, and final arguments. The Sessions Judge has wider sentencing powers, including awarding death penalty, life imprisonment, or any other punishment authorized by law. Thus, the main distinction lies in the seriousness of offences, complexity of procedure, and extent of punishment powers of the respective courts.
High Court Islamabad | Flat No 206 Al Mustafa Apartments G8 Markaz,
City: Islamabad | 5-7 Years Experience | B.A, LL.B (-)
In Pakistan magistrates court handle minor initial or summary offences with limited sentence 3 years and sessions is superior distinct levels court and handles serious heinous crimes like murder and act as appellant court for magistrates court and handle preliminary proceedings whereas session Judges have board sentences authority
LowerCourt/District Court | Ghazi plaza suit 402 mall road
City: Lahore | 1-3 Years Experience | LL.B (Honours) (-)
Under the Code of Criminal Procedure, criminal cases in Pakistan are tried either by a Magistrate Court or a Sessions Court depending on the seriousness of the offence. A Magistrate Trial is conducted by a Judicial Magistrate and deals with comparatively minor offences such as simple hurt, minor theft, or small fraud. The procedure is relatively simple and the magistrate has limited powers of punishment, generally awarding shorter terms of imprisonment and fines. In contrast, a Sessions Trial is conducted by a Sessions Judge or Additional Sessions Judge and deals with serious offences like murder, rape, kidnapping, and dacoity under the Pakistan Penal Code. The Sessions Court follows a more formal procedure and has broader powers of punishment, including life imprisonment and the death penalty. Usually, serious cases are first brought before a magistrate and then committed to the Sessions Court for trial.
Lower Court/District Court | 351 Kiyani Chambers Session Court Gujranwala
City: Gujranwala | 1-3 Years Experience | LL.B (Honours) (-)
Chapter 20 CRPC onwards deal with trial by magistrate while chapter 22a and 23 of CRPC deal with trials in session court. There are few minor differences in both trials. There are some specific offences which cannot be tried before magistrate like murder etc. there are a few differences regarding the mode of recording of evidence in both kind of trials.
High Court Islamabad | Chamber # 31, District Courts, Attock.
City: Attock | 5-7 Years Experience | LL.B (Honours) (-)
The difference between a Magistrate trial and a Sessions trial mainly lies in the nature of offences, jurisdiction, and powers of the court under the Code of Criminal Procedure, 1898. A Magistrate trial is conducted by a Judicial Magistrate and generally deals with less serious offences, where the Magistrate can take cognizance of an offence directly under Section 190 CrPC and conduct the trial according to procedures for summons, warrant, or summary cases; however, the Magistrate has limited sentencing powers, usually up to three yearsโ imprisonment and fine. In contrast, a Sessions trial is conducted by a Sessions Judge or Additional Sessions Judge and deals with grave offences such as murder, rape, and dacoity; the Court of Session normally cannot take direct cognizance and the case must first be committed by a Magistrate under Section 209 CrPC, after which the Sessions Court frames charges and conducts a full trial with broader procedural safeguards, and it has the authority to award any punishment permitted by law, including life imprisonment or the death penalty
High Court Sindh | R-5, Sumaira Bungalows, Scheme 33, Gulzar-e-Hijri, Karachi
City: Karachi | 3-5 Years Experience | B.A, LL.B (-)
There is a slightly difference between trial before magistrate and session in regard of its procedure, however, the basic difference is jurisdiction to try offence regarding it's sentence.
LowerCourt/District Court | Office No.4, Block D-18, D type Apartments, FGEHA, G11/4, Islamabad
City: Islamabad | 1-3 Years Experience | B.A, LL.B,LL.B (Honours) (-)
Magistarial trials are those which are conducted by the magistrate, for those offences which are less serious in nature or having lesser punishments for example minor theft, hurt it's. Session trials are those which are conducted by the court of sessions for example 9C, murder, rape etc. For those offences which are serious in nature can also award life imprisonment or death sentence
High Court Lahore | Rawalpindi Kachehri
City: Rawalpindi | 3-5 Years Experience | B.A, LL.B (-)
Magistrate trial and a Sessions trial under differ fundamentally in jurisdiction, procedure, gravity of offences, also differs from powers of punishment, as provided in the Code of Criminal Procedure, 1898 (Cr.P.C.). A Magistrate trial is conducted by Judicial Magistrates and generally relates to less serious offences as provided in the second schedule of Cr.P.C Sections 6 and 12 of Cr.P.C. The procedure of trial before Magistrates in short is mainly governed by Chapter XX (Sections 241โ249A Cr.P.C.). Cognizance is taken under Section 190 Cr.P.C., and charges are framed under Section 242 Cr.P.C. In such trials, the Magistrate has limited sentencing powers; for example, under Section 32 Cr.P.C. Magistrate trials are generally simpler, quicker, and less formal, and may include summary procedures under Sections 260โ265 Cr.P.C. On the other hand, a Sessions trial is conducted by a Court of Session. The Court of Session is established under Section 9 Cr.P.C., and cases are committed to it by a Magistrate under Section 193 Cr.P.C. after initial proceedings. The procedure of Sessions trial is provided in Chapter XXII (Sections 265-A to 265-N Cr.P.C.). The trial formally begins with the framing of charge under Section 265-D Cr.P.C., followed by prosecution evidence (Section 265-F), statement of accused (Section 342 Cr.P.C., read with trial provisions), and defence evidence (Section 265-G Cr.P.C.).
Lower Court/District Court | Chamber no. 63 new judicial complex talagang
City: Talagang | 1-3 Years Experience | LL.B (Honours) (-)
Magistrate Trial: In Chapter XX of the CrPC, which contains Sections 241 to 250. A Magistrate Trial handles comparatively minor offenses, such as theft, simple hurt, and minor frauds. 8th Column of Schedule II of the CrPC classifies which Magistrate, like a Magistrate of the First, Second, or Third Class, has the jurisdiction to try a precise offense. A Magistrateโs penalizing power is limited by Section 32 of the CrPC. A Magistrate of the First Class can execute a sentence of imprisonment for up to 3 years. A Magistrate having jurisdiction under Section 30 can impose a sentence of up to 7 years. Sessions Trial: In Chapter XXII-A of the CrPC, covering Sections 265-A to 265-N. A Trial of Sessions deals with serious crimes, including murder, rape, kidnapping for ransom, and severe drug cases. Under Section 193 of the CrPC, a Sessions Court will only hear a case once it is sent or dedicated to it by a Magistrate, unless a special law states otherwise, such as the Anti-Terrorism Act or CNSA. A Sessions Judge or Additional Sessions Judge can impose any sentence allowed by law, including the death penalty and life imprisonment, as stated in Section 31. However, a death sentence issued by a Sessions Court must be confirmed by the High Court.
Lower Court/District Court | Office No. 1 to 9, 2nd floor, 16-Edward road Lahore, , , Lahore, Pakistan
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