CODE OF CRIMINAL PROCEDURE, 1861 [Repealed]

CODE OF CRIMINAL PROCEDURE, 1861 [Repealed]

Preamble - CODE OF CRIMINAL PROCEDURE, 1861

CODE OF CRIMINAL PROCEDURE, 1861 [Repealed]
Repealed by Act 10 of 1872

[Act No. 25 of 1861]

[05th September, 1861]

PREAMBLE

An Act for simplifying the Procedure of the Courts of Criminal Judicature not established by Royal Charter.

Whereas it is expedient to simplify the Procedure of the Courts of Criminal Judicature not established by Royal Charter; It is enacted as follows:--

Section 1 - Short title

This Act shall be called the Code of Criminal Procedure.

Section 2 - Interpretation

The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction.

Section 3 - British India

The words "British India" shall denote the territories that are or shall become vested in Her Majesty by the Statute 21 and 22 Vic. c. 106, entitled "An Act for the better Government of India," except the Settlement of Prince of Wales' Island, Singapore, and Malacca.

Section 4 - Special law

The words "special law" shall denote a law applicable to a particular subject.

Section 5 - Local law

The words " local law" shall denote a law applicable only to a particular part of British India.[1]

Section 6 - Moveable property

The words "moveable property" shall include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

Section 7 - Number

Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number.

Section 8 - Gender

Words importing the masculine gender shall include the feminine.

Section 9 - Enquired into

Determined

The words "enquired into" shall be deemed to comprise every proceeding preliminary to trial; and the word "determined" to comprise trial, and every subsequent proceeding, including the punishment of the offender.

Thus, previous to a commitment being made, an offence would be "enquired into." It would be "determined" by the Court of Session.

Section 10 - Written

The word "written" shall include "printed," "lithographed," and "engraved."

Section 11 - Criminal Court

The words "Criminal Court" shall denote every Judge or Magistrate lawfully exercising jurisdiction in criminal cases, whether for the decision of such cases in the first instance, or on appeal, or for commitment to any other Court or Officer.

Section 12 - Court of Justice

The words "Court of Justice" shall denote a Judge who is empowered by law to act judicially alone, or a body of Judges empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

Section 13 - Court of Session

The words "Court of Session" shall, subject to the limitation in Section 22, include the Courts of the Assistant Sessions Judges in the Presidency of Bombay.

Section 14 - Magistrate of the District

The words "Magistrate of the District" shall mean the Chief Officer charged with the executive administration of a District[2] in criminal matters, by whatever designation such Officer is called.

Section 15 - Magistrate

The word "Magistrate" shall include all persons exercising all or any of the powers of a Magistrate.

Section 16 - The powers of a Magistrate

The words "the powers of a Magistrate" shall imply the full powers of a Magistrate.

Section 17 - Any of the powers of a Magistrate

The words "any of the powers of a Magistrate" shall denote powers less than the full powers of a Magistrate.

Section 18 - District

Division of a District

The local jurisdiction of the Magistrate[3] of a District shall, for the purposes of this Act, be deemed a "District;" and the local jurisdiction in a particular part of a District vested in a Magistrate, other than the Magistrate of the District, shall be deemed a "division of a District."

Section 19 - Sudder Court

In any part of British India[4] to which this Act shall be extended, under the provisions of Section 445, the words "Sudder Court" shall denote the highest Criminal Court of appeal or revision in such part established.

Section 20 - Year

Month

Wherever the word "year" or the word "month" is used, it is to be understood that the year or the month is to be reckoned according to the British Calendar.

Section 21 - Offences cognizable by Criminal Courts

The Criminal Courts[5] of the several grades, according to the powers vested in them respectively by this Act, shall have jurisdiction in respect of offences punishable under the Indian Penal Code (Act XLV. of 1860), or under any special[6] or local[7] law (except offences which are by any such law made punishable by some other authority therein specially mentioned), and, in the investigation and trial of the offences hereby declared to be within their jurisdiction, shall be guided by the provisions of this Act.

Section 22 - By what Courts the offences mentioned in the Schedule are triable, and within what limits such Courts may pass sentence

The offences mentioned in the Schedule annexed to this Act shall, subject to the provision contained in the third explanatory note prefixed to the said Schedule, be triable by the Courts specified in Column 7 of the said Schedule, and such Courts shall be competent to pass sentence in respect of such offences within the following limits (that is to say):--

Powers of Court of Session

The Court of Session[8] Death (subject to confirmation by the Sudder[9] Court). Transportation,[10]  imprisonment of either description for a period not exceeding fourteen years, including such solitary confinement[11] as is authorized by law, or fine to an unlimited amount,[12] or both transportation and fine, or imprisonment and fine, in cases in which both punishments are authorized by the Indian Penal Code, in cases in which, according to the Indian Penal Code, forfeiture[13] of property may be adjudged, the Court of Session[14] may adjudge such forfeiture in addition to the sentence.

Assistant Sessions Judges in Bombay

In the Presidency of Bombay, it shall be lawful for a Sessions Judge to delegate cases for trial by an Assistant Sessions Judge: and such Assistant Sessions Judge shall be competent in such cases to pass sentences within the following limits:--

Imprisonment of either description for a term not exceeding seven years (including such solitary confinement as is authorized by law), or fine, or both. If the sentence be one of imprisonment for a term exceeding three years, it shall be passed, subject to confirmation by the Sessions Judge. The Sessions Judge may review and hear appeals against the proceedings of his Assistants, and may confirm and amend (but not so as to enhance), or may reverse their sentences or orders. It shall not be competent to an Assistant Sessions Judge to review or hear an appeal against the proceedings of a Magistrate.[15]

Powers of the Magistrate of the District

The Magistrate of the District,[16] or other Officer authorized to exercise the powers[17] of a Magistrate. Imprisonment of either description[18] not exceeding the term of two years, including such solitary confinement[19] as is authorized bylaw, or fine to the extent of one thousand Rupees, or both imprisonment and fine in all cases in which both punishments are authorized by the Indian Penal Code.

Subordinate Magistrates or Officers authorized to exercise any of the powers[20] of a Magistrate--

1st Class.--

Imprisonment of either description[21] not exceeding six months, or fine not exceeding two hundred Rupees, or both imprisonment and fine in all cases in which both punishments are authorized by the Indian Penal Code.

2nd Class.--

Imprisonment of either description[22] not exceeding one month, or fine not exceeding fifty Rupees, or both imprisonment and fine in all cases m which both punishments are authorized by the Indian Penal Code.

No sentence of solitary confinement, under Section 73 of the Indian Penal Code, shall be passed by any Court inferior to an Officer exercising the powers[23] of a Magistrate.

Section 23 - Local Government may invest any person with powers of Magistrate or subordinate Magistrate

The Local Government may invest any person with the powers[24] of a Magistrate or of a Subordinate Magistrate of the first or second class, as described in the last preceding Section, with a view to the exercise, by such person, of such powers under this Act or under any special[25] or local[26] law.

Section 23A - Local Government may delegate its power of appointing Magistrates

With the sanction of the Governor-General in Council, the Local Government may delegate, with such limitations as it may think proper, to any officer under its control, the power conferred by Section 23.

Section 23B - Succession to vacancies in the office of the Magistrate of a District

When, in consequence of the office of the Magistrate of a District[27] becoming vacant, any officer succeeds temporarily to the chief executive administration of the District[28] in criminal matters, such officer shall, pending the orders of the Local Government, exercise all the powers and perform all the duties of the Magistrate of the District.[29]

Section 23C - Power to determine local jurisdiction of a Magistrate of a District

The Local Government may, by notification in the official Gazette, prescribe the local jurisdiction of a Magistrate of the District,[30] as defined by Section 14, and may by such notification from time to time alter such jurisdiction.

Section 23D - Power to appoint Magistrates in charge of divisions of Districts

The Local Government may invest any Magistrate with the local jurisdiction in a particular part of a District,[31] declared by Section 18 to be deemed a division of a District, and may from time to time alter the limits of such local jurisdiction.

Section 23E - Continuance of powers of Officers transferred

Whenever any person holding an office in the service of Government, who has been invested with any powers under this Act in any District,[32] is transferred to an equal or higher office of the same nature within another District,[33] he shall, unless the Local Government shall otherwise direct, continue to exercise the same powers in the District[34] to which he is so transferred.

Section 23F - Powers may be varied or cancelled

The Local Government may vary or cancel any powers with which any person may have been invested under this Act.

Section 23G - Subordination of all Magistrates to the Magistrate of the District

Except as otherwise provided in this Act or by any other law, for the time being in force, all Magistrates and Subordinate Magistrates shall be subordinate to the Magistrate of the District[35] in which they exercise jurisdiction.

Section 23H - Delegation of certain powers of the Magistrate of a District

The Local Government may, with such limitations as it may think proper, invest any Magistrate[36] in charge of a division of a District, or any officer exercising the full powers of a Magistrate, with the authority conferred on the Magistrate of the District[37] by Sections 36, 66, 132, 308, 316, 318.

Section 24 - Criminal Courts to have jurisdiction over all persons, except persona expressly exempted

The Criminal Courts[38] shall have jurisdiction over all persons, except such persons as, by any Act of Parliament, or by any Regulation of the Codes of Bengal, Madras, and Bombay, respectively, or by this Act, or any other Act of the Governor-General of India in Council, are, or shall be, exempted from their jurisdiction.

Section 25 - No person exempted from Criminal Procedure by reason of place of birth or of descent

No person whatever shall, by reason of place of birth, or by reason of descent, be exempt from the rules of Criminal Procedure contained in this Act. Provided that nothing in this Section shall be held to authorize the trial or commitment for trial before any Criminal Court[39] of any person who, in respect of the offence with which he is charged, is not subject to the jurisdiction of that Court.

Section 26 - Offence to be ordinarily tried in the jurisdiction where it is committed

Except where otherwise expressly provided by this Act, every offence shall be enquired[40] into and determined[41] in the District[42] or division of a District[43] in which the offence was committed. Provided Proviso. that nothing in this Section shall exempt European British subjects from being tried and convicted before the Supreme[44] Courts of Judicature for offences committed beyond the local limits of such Courts.

Section 27 - May be tried in the jurisdiction where the act is done, or where the consequence ensues

When a person shall be accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be enquired into[45] or determined[46] in any District[47] or division of a District[48] in which any such thing shall have been done, or any such consequence shall have ensued.

Section 28 - Abetment

The abetment[49] of an offence, wherever such abetment[50] shall have taken place, may be enquired into[51] or determined[52] in any District[53] or division of a District[54] in which the offence abetted may be enquired into[55] or determined[56] by any Court which has jurisdiction to try such offence, as if the abetment[57] had been committed at the same place at which the offence abetted was wholly or partly committed; or the abetment may be enquired into[58] or determined[59] in any District[60] or division of a District[61] within which the abettor[62] has done anything for abetting the commission of such offence.

Section 29 - Offence committed on boundary

When any offence shall be committed on the boundary or boundaries of two or more Districts,[63] whether subject to the same Local Government or not, or of two or more divisions of a District,[64] or shall be begun in one District[65] or division of a District[66] and completed in another, whether such Districts[67] be subject to the same Local Government or not, every such offence may be enquired into[68] or determined[69] in any of such Districts[70] or divisions of a District[71] in the same manner as if it had been actually and wholly committed therein.

Section 30 - Offence committed during journey, &c

When any offence shall be committed on any person, or on, or in respect of, any property in or upon any coach, cart, or other carriage or conveyance, or upon any beast of burden employed in any journey, or shall be committed on any person, or on, or in respect of, any property on board any vessel employed on any voyage or journey upon any navigable river, canal, or inland navigation, such offence may be enquired into[72]or determined[73] in any District[74] or division of a District[75] through any part whereof such coach, cart, carriage, conveyance, beast of burden, or vessel, shall have passed in the course of the journey or voyage during which such offence shall have been committed, in the same manner as if the offence had been actually and wholly committed in such District[76] or division of a District;[77] and in all cases where the side, middle, or other part of any highway, or the side, bank, middle, or other part of any such river, canal, or navigation, shall constitute the boundary of any two Districts[78] or divisions of a District,[79] such offence may be enquired into[80]or determined[81] in either of such Districts[82] or divisions of a District[83] through or adjoining to, or by the boundary of any part whereof such coach, cart, carriage, conveyance, beast of burden, or vessel, shall have passed in the course of the journey or voyage during which such offence shall have been committed, in the same manner as if it had actually and wholly been committed in such District[84] or division of a District[85]

Section 31 - Receiving, &c., stolen property

If any person be charged with any offence punishable under Sections 411, 412, or 414 of the Indian Penal Code, under the head "Of the receiving of stolen property," such offence may be enquired into[86] or determined[87] in any District[88] or division of a District[89] in which such person shall have, or shall have had, such stolen property[90] in his possession, or in any District[91] or division of a District[92] in which the offence by which such property came to be stolen property within the meaning of the said Code, may be enquired into[93]or determined.[94]

Section 31A - Concealment, and c., of kidnapped person

If any person be charged, under Section 368 of the Indian Penal Code, with the offence of wrongfully concealing or keeping in confinement a person who has been kidnapped or abducted, such offence may be enquired into or determined in any District in which the concealment or confinement has taken place, or in any District in which the kidnapping or abduction may be enquired into or determined.

Section 32 - Being a thug, &c

Whenever any person is charged with being a thug,[95] or with murder as a thug, or with dacoity[96] with[97] or without murder, or with having belonged to a gang of dacoits,[98] or with having belonged[99] to any wandering or other gang of thieves associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, the offence may be enquired[100] into in any District[101] in which the accused person is, by any Magistrate competent[102] to commit to a Court of Session,[103] and the accused person may be committed to the Court of Session[104] to which such Magistrate is subordinate.

Section 33 - Escape from lawful custody under sentence

If any person shall escape from any custody in which he is lawfully detained in pursuance of a sentence of a Court of Justice[105] or by virtue of a commutation[106] of such sentence, or shall be charged with any offence punishable under Section 227 of the Indian Penal Code, or under Section 12 of Act XXIV. of 1855 (relating to Penal Servitude), the offence may be enquired[107] into or determined,[108] either in the District[109] or division of a District[110] in which such person shall be apprehended and re-taken, or in the District[111] or division of a District[112]in which he was formerly tried, or in the case of an escape from custody, in the District[113] in which he shall have escaped from custody.

Section 34 - Sudder Court to decide when doubt arises as to the jurisdiction where an enquiry shall take place

Whenever any doubt shall arise as to the District[114] in which any offence should be enquired into[115] or determined,[116] it shall be lawful for the Sudder Court,[117] within whose jurisdiction the offender is apprehended, to decide in which District[118] the offence shall be determined,[119]

Section 35 - Sudder Court may transfer any case from one jurisdiction to another

It shall be competent to the Sudder Court[120] to order the transfer of any Criminal case or appeal from a Criminal Court[121] subordinate to its authority, to any other such Criminal Court[122] of equal or superior jurisdiction, or to order that any offence shall be enquired into[123] or determined[124] in any District IT or division of a District,[125] other than that in which the offence shall have been committed, whenever it shall appear to such Sudder Court[126] that such order will promote the ends of justice, or tend to the general convenience of the parties or witnesses.

Section 36 - Magistrate may withdraw any case from a subordinate Court, and try it himself, or refer it to any other such Court

The Magistrate of the District,[127] or a Magistrate in charge of a division of a District,[128] may respectively withdraw any criminal case from any Court subordinate to him, and may enquire into or try the case himself, or refer it for enquiry or trial to any other such Court competent to enquire into or try the same.

Section 37 - Commitment for trial before Supreme Court

It shall be competent to the Magistrate of the District,[129] or to any other Officer exercising the powers of a Magistrate,[130] to hold the preliminary enquiry into any cases triable by a Supreme Court of Judicature, and to commit or hold to bail persons to take their trial before such Court, and to exercise all their powers necessary for such purpose.

Section 38 - Subordinate Magistrate may be empowered to prepare case for trial before the Court of Session or Supreme Court

The Local Government may empower any Sub-ordinate Magistrate[131] of the first or second class, not vested with such power by any law for the time being in force, to hold the preliminary enquiry into cases triable by the Court of Session[132] or by any Supreme Court of Judicature, and may empower such Subordinate Magistrate to commit, or hold to bail, persons to take their trial before such Court of Session[133] or Supreme Court, and to exercise all the powers necessary for such purpose.

Section 39 - Only Justices of the Peace empowered to commit European British subjects for trial

No person who is not a Justice of the Peace shall commit, or hold to bail, any-European British subject to take his trial before a Supreme Court of Judicature.

Section 40 - Procedure when a European British subject is charged with an offence triable by Supreme Court

When a European British subject is charged with an offence triable by a Supreme Court of Judicature, any Magistrate may hear the complaint against such person, and may issue a warrant of arrest, or hold to bail such person, with a view to the complaint being investigated by a Justice of the Peace.

Section 40A - Certain Subordinate Magistrates not to hear complaints against European British subjects

No Subordinate Magistrate who is not a Justice of the Peace shall exercise the authority conferred by Section 40, unless he is empowered under Section 38.

Section 41 - Procedure when a European is arrested by an Officer not being a Justice of the Peace

When a European British subject has been arrested under a warrant issued under the last preceding Section by a Magistrate[134] not being a Justice of the Peace, if such Magistrate[135] considers[136] that there is a sufficient ground for proceeding, he shall forthwith forward the person arrested to a Justice of the Peace, or if the offence with which such person is charged is bailable, shall, if sufficient bail be tendered, admit him to bail for his appearance before a Justice of the Peace. When the person accused is brought or appears before a Justice of the Peace, under this Section, such Justice of the Peace shall himself hold the preliminary enquiry into the case, before he commits, or holds to bail, such person for trial before the Supreme Court of Judicature.

Section 42 - Saving of jurisdiction given by 53 Geo. HI., c. 155, s. 105

Nothing in this Chapter shall interfere with the jurisdiction given by the Statute 53 Geo. III. c. 155, s. 105, or Act VII. of 1853 (to extend the jurisdiction of Magistrates under the Stat. 53 George III. c. 155, s. 105, in cases of assault, forcible entries, and other injuries accompanied by force not being felonies). 

Proviso

Provided that the jurisdiction given by the said Statute and the said Act shall be exercised only by a Justice of the Peace.

Section 43 - Complainants and witnesses to be examined according to law for time being in force

In all Criminal Courts[137] complainants and witnesses shall be examined upon oath or affirmation, or otherwise, according to the provisions of the law[138] for the time being in force in relation to the examination of witnesses.

Section 44 - Court may apply portion of fine in compensation for loss or damage

Whenever a Criminal Court[139] imposes a fine, the Court may order the whole or any part of the fine to be paid in compensation,

(1)     for expenses properly incurred in the prosecution,

(2)     for the offence complained of, where such offence can, in the opinion of the Court, be compensated by money.

Such payment shall be made as the Court thinks fit, to or for the benefit of the complainant, or the person injured, or both.

If the fine be awarded by a Court whose decision is subject to revision, the amount awarded shall not be paid until a period of two months shall have elapsed from the date of the award.

Section 45 - Imprisonment in default of payment of fine

Proviso

In every case punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, the Criminal Courts[140] shall be guided by the provisions of Sections 64 and 65 of the Indian Penal Code in awarding the period of imprisonment in default of payment of the fine. Provided that in every such case decided by a Magistrate,[141] the period of imprisonment awarded in default of payment of the fine shall in no case exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

Section 46 - Sentence in cases of conviction of two or more offences

Proviso

When a person shall be convicted at one time of two or more offences punishable under the same or different Sections of the Indian Penal Code, it shall be lawful for the Court to sentence such person for the offences of which he shall have been convicted to the several penalties prescribed by the said Code which such Court is competent to inflict; such penalties, when consisting of imprisonment, to commence the one after the expiration of the other. It shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which such Court is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court. Provided that in no case shall the person be sentenced to imprisonment for a longer period than fourteen years; and provided also, that if the case be tried by a Magistrate,[142] the punishment shall not in the aggregate exceed twice the extent of punishment which such Magistrate is by his ordinary jurisdiction competent to inflict,[143]

Section 47 - Currency of sentence of escaped convicts

When sentence shall be passed on an escaped convict for such escape or for any-other offence, the Court may direct such sentence to take effect immediately, or after such escaped convict shall have suffered imprisonment or transportation, as the case may be, for a further period equal to that which remained unexpired of his former sentence at the time of his escape.

Section 48 - Judgment on offender already imprisoned under sentence for another crime

When sentence shall be passed on a person already under sentence of imprisonment or transportation for another offence, the Court, if the sentence be for imprisonment, shall direct that such imprisonment shall commence at the expiration of the imprisonment or transportation to which such person shall have been previously sentenced; or, if such person shall be undergoing a sentence of imprisonment, and the sentence, on such subsequent conviction, be for transportation, the Court may direct that the sentence shall commence immediately or at the expiration of the imprisonment to which such person shall have been previously sentenced. Provided that nothing in this Section shall be held to excuse such person from any part of the punishment to which he is liable upon such former or subsequent conviction.

Section 49 - Local Government may order removal of a prisoner from one Jail to another

When any person is sentenced to imprisonment, it shall be lawful for the Local Government to order the removal of such person, during the period prescribed for his imprisonment, from the jail or place in which he is confined to any other jail or place of imprisonment within the jurisdiction of the same Local Government.

Section 50 - Place of transportation not to be specified in sentences

When any person shall be sentenced to transportation, the Court passing the sentence shall not specify m its sentence the place to which such person shall be sent for the purpose of undergoing the sentence.

Section 51 - Governor-General in Council to appoint place or places

Local Government to direct removal of persona sentenced to such place or places

It shall be lawful for the Governor-General of India in Council from time to time to appoint a place or places within British India[144] to which persons sentenced to transportation shall be sent: and the Local Government, or some Officer duly authorized by such Government, shall give orders for the removal of such persons to the place or places so appointed.

Section 52 - Execution of sentences of transportation passed on persons already under-going transportation under a previous sentence

When sentence of transportation shall be passed on a person already undergoing transportation under a sentence previously passed for another offence, it shall not be necessary for the Local Government to order the removal of such person from the place in which he is so undergoing transportation.

Section 53 - Sentence of death

When any person shall be sentenced to death, the sentence shall direct that such person be hanged by the neck till he is dead.

Section 54 - The Governor-General in Council or the Local Government may remit a punishment

When any person has been sentenced to punishment for an offence, the Governor-General of India in Council, or the Local Government, may, at any time, without conditions, or upon any conditions which such person shall accept, remit the whole or any part of the punishment to which he shall have been sentenced.

Section 55 - Party tried upon formal charge not liable to renewed prosecution

A person who has once been tried for an offence, and convicted or acquitted of such offence, shall not be liable to be tried again for the same offence. Provided that any person may be tried for the offence of culpable homicide and punished for that offence, notwithstanding he may have been tried and punished for the act which caused the death, if at the time of his conviction for the said act death shall not have resulted, or shall not have been known by the Court which passed sentence to have resulted.

Section 56 - A person charged with criminal breach of trust may be found guilty of theft

If upon the trial of any person charged with the offence of criminal breach of trust under Section 405 of the Indian Penal Code, or of criminal breach of trust as a carrier, wharfinger, or warehouse-keeper under Section 407 of the said Code, it shall be proved that such person took the property in question in any such manner as to amount to the offence of theft under Section 378 of the said Code, he shall not be entitled to be acquitted, but the Court, or the Jury in a case tried by Jury, shall be at liberty to find that such person is not guilty of the offence charged, but is guilty of the said offence under the said Section 378, and thereupon such person shall be liable to be punished in the same manner as if he had been found guilty upon a charge under the said Section 378.

Section 57 - A person charged with criminal breach of trust as a servant may be found guilty of theft, or of theft as a servant

If, upon the trial of any person charged with the offence of criminal breach of trust as a clerk or servant under Section 408 of the Indian Penal Code, it shall be proved that such person took the property in question in any such manner as to amount to the offence of theft under Section 378 of the said Code, or the offence of theft as a clerk or servant of property in possession of his master under Section 381 of the said Code, he shall not be entitled to be acquitted, but the Court, or the Jury in a case tried by Jury, shall be at liberty to find that such person is not guilty of the offence charged, but is guilty of the said offence under the said Section 378, or Section 381, as the case may be, and thereupon such person shall be liable to be punished in the same manner as if he had been found guilty upon a charge under such Section.

Section 58 - A person charged with theft may be found guilty of misappropriation or breach of trust

If upon the trial of any person charged with the offence of theft under Section 378 of the Indian Penal Code, or the offence of theft in a building, tent, or vessel under Section 380 of the said Code, it shall be proved that he took the property in question in any such manner as to amount to the offence of dishonest misappropriation of property under Section 403 of the said Code, or the offence of criminal breach of trust under Section 405 of the said Code, he shall not be entitled to be acquitted, but the Court, or the Jury in a case tried by Jury, shall be at liberty to find that such person is not guilty of the offence charged, but is guilty of the said offence under the said Section 403, or Section 405, as the case may be, and thereupon such person shall be liable to be punished in the same manner as if he had been found guilty upon a charge under such Section.

Section 59 - A person charged with theft as a servant may be found guilty of misappropriation

If upon the trial of any person charged with the offence of theft as a clerk or servant of property in the possession of his master, under Section 381 of the Indian Penal Code, it shall be proved that he took the property in question in any such manner as to amount to the offence of dishonest misappropriation of property under Section 403 of the said Code, or the offence of dishonest misappropriation of property possessed by a deceased person at the time of his death under Section 404 of the said Code, or of such dishonest misappropriation under the said Section 404, the offender being at the time of the person's decease employed by him as a clerk or servant, or the offence of criminal breach of trust under Section 405 of the said Code, or the offence of criminal breach of trust as a clerk or servant under Section 408 of the said Code, he shall not be entitled to be acquitted, but the Court, or the Jury in a case tried by Jury, shall be at liberty to find that such person is not guilty of the offence charged, but is guilty of the offence under the said Section 403, Section 404, Section 405, or Section 408, as the case may be; and thereupon such person shall be liable to be punished in the same manner as if he had been found guilty upon a charge under such section. See note to S. 58, which applies to this Section mutatis mutandis.

Section 60 - No person charged under the last four Sections, and found guilty, liable to be charged again

No person charged and tried for an offence under any Section of the Indian Penal Code in the last four Sections of this Act mentioned, and found guilty of another offence under the provisions of any other of the said Sections of the Indian Penal Code, shall be liable to be afterwards prosecuted upon the same facts under the Section under which he was charged, or under the Section under which he was found guilty.

Section 61 - Levy of fine

Whenever an offender is sentenced to pay a fine, the Court which sentences him, whether or not the offence be punishable with fine only, and whether or not the sentence direct that, in default of payment of the fine, the offender shall suffer imprisonment, may issue a warrant for the levy of the amount by distress and sale of any moveable property belonging to the offender. Such warrant may be executed within the jurisdiction of the Court that issued it, and it shall authorize the distress and sale of any moveable property belonging to the offender without the jurisdiction of the said Court when endorsed by the Magistrate of the District[145] in which such property is situated.

Section 62 - Magistrate may issue orders to prevent obstructions, &c

It shall be lawful for any Magistrate,[146] by a written order, to direct any person to abstain from a certain act, or to take certain order with certain property in his possession, or under his management, whenever such Magistrate[147] shall consider that such direction is likely to prevent, or tends to prevent, obstruction, annoyance, or injury, or risk of obstruction, annoyance, or injury, to any persons lawfully employed, or is likely to prevent, or tends to prevent, danger to human life, health, or safety, or is likely to prevent, or tends to prevent, a riot[148] or an affray.[149]

Section 63 - Magistrate may prohibit the repetition or continuance or public nuisances

Any Magistrate[150] may enjoin any person not to repeat or continue a public nuisance,[151]

Section 64 - Proceeding to compel appearance

When an offence has been committed, or is supposed to have been committed, the proceeding, in order to compel the person known or suspected to have committed such offence to appear for the purpose of enquiry concerning the same, may be by summons or arrest.

Section 65 - Complaint

A summons or a warrant of arrest may be obtained on a complaint as hereinafter provided.

Section 66 - Examination of complainant

When, in order to the issuing of a summons or a warrant against any person for any offence, a complaint is made before the Magistrate of the District,[152] or a Magistrate[153] who is authorized to receive such complaint without reference from the Magistrate of the District,[154] such Magistrate shall examine the complainant. The examination shall be reduced into writing, and shall be signed by the complainant, and also by the Magistrate.

Section 66A - Local Government to define what Magistrates and Subordinate Magistrates shall be empowered to entertain complaints preferred directly to themselves or on report of Police Officer

The Local Government may, by notification in the official Gazette, define what Magistrates or Subordinate Magistrates shall entertain cases either on complaint preferred directly to themselves or on the report of a Police Officer; and such Magistrates or Subordinate Magistrates shall be competent to entertain such cases, if the offence charged is triable by them, or if they shall have been empowered under Section 38.

Section 66B - Magistrate of District may invest any Magistrate or Subordinate Magistrate with powers described in Section 66A

The Magistrate of the District[155] may, subject to the orders of the Local Government, empower any Magistrate or Subordinate Magistrate in his District[156] to entertain cases either on complaint preferred directly to themselves or on the report of a Police Officer.

Section 67 - Magistrate how to proceed on complaint

The Magistrate before whom such complaint is duly made shall, if it appear to him that there is sufficient ground for proceeding, issue his summons, or, in cases in which a warrant may issue, his warrant for causing the person accused to appear before himself or some other Magistrate, having jurisdiction, if in the judgment of such Magistrate there be no sufficient ground for proceeding, he shall dismiss the complaint.

Section 68 - Magistrate may take cognizance of offences without complaint made

Except as is otherwise provided in Chapter XI. of this Act, the Magistrate[157] of the District, or a Magistrate[158] in charge of a division[159] of a District, may, without any complaint, take cognizance of any offence which may come to his knowledge, and may issue a summons, or, in cases where a warrant may issue, a warrant of arrest against the person known or suspected to have committed such offence, in the same manner as if a complaint had been made against such person. The provisions of this Section shall not apply to the offences described in Chapters XIX., XX., and XXI. of the Indian Penal Code.

Section 69 - Summons, what it is to contain, and how to be directed

Every summons issued by a Magistrate[160] to an accused person shall be in writing, and shall be signed and sealed by such Magistrate, and shall be in the form (A) given in the Appendix, or to the like effect.

Section 70 - Summons by whom served

A summons shall ordinarily be issued through a Police officer; but the Magistrate,[161] issuing the summons may, if he see fit, direct it to be served by any other person.

Section 71 - Summons how to be served

The summons shall be served on the accused personally, or, in case the accused person shall not be found, it may be left for him with some adult male member of his family residing with him.

Section 72 - Mode of service if accused cannot be found, &c

When the accused person cannot be found, and there is no adult male member of his family on whom the service can be made, the serving Officer shall fix a copy of the summons on some conspicuous part of the house in which the accused person ordinarily resides.

Section 73 - Notwithstanding summons, warrant may issue in certain cases

A Magistrate may (notwithstanding such summons), either before the appearance of the accused person, as required by such summons, or after default made by him so to appear, issue a warrant of arrest against such person.

Section 74 - Summons or warrant when grantable for an offence committed beyond local jurisdiction

The Magistrate[162] of the District, or a Magistrate in charge of a division[163] of a District, may issue a summons or warrant for the apprehension of any person within such District[164] or division of a District+ in respect of any offence known or suspected to have been committed by such person in a different District or division of a District, or on the high seas, or in a foreign country, and for which, if committed within the jurisdiction of such Magistrate, he might issue a summons or warrant.

Section 75 - Provisions in this chap-tar relating to a summons and its issue applicable to all summonses

The provisions relating to a summons and its service and issue contained in this chapter shall be applicable to every summons issued under this Act, except summonses to serve as a juror or assessor. Provided that, when the person summoned is in the service of Government or of any Railway Company, the Court or Magistrate issuing the summons may send the summons to the head of the Office in which the person summoned is employed, and such head shall thereupon cause the summons to be served on the person named therein.

Section 76 - Form of warrant

Every warrant issued by a Magistrate[165] shall be in writings[166] and shall be signed and sealed by such Magistrate, and shall be in the form (B) given in the Appendix, or to the like effect.

Section 77 - Warrants to whom directed

A warrant shall ordinarily be directed to a Police Officer, but the Magistrate issuing a warrant may, if he see fit, direct it to any other person.

Section 78 - When directed to any person other than a Police Officer

When a warrant is directed to a person other than a Police Officer, any other person may aid in executing such warrant, if the person to whom the warrant is directed be near at hand, and acting in the execution of the warrant.

It will be observed that persons are not bound to give their aid when a warrant is not directed to a Police Officer. By S. 82, however, "every person is bound to assist a Magistrate or Police Officer demanding his aid in the taking of any other person whom such Magistrate or Police Officer is bound to arrest."

Section 79 - To several persons jointly

A warrant may be directed to several persons, and when so directed, may be executed by all, or by any one or more of such persons.

Section 80 - Police Officer may endorse warrant to another Officer

A warrant directed to a Police Officer may also be executed by any other Police Officer whose name shall be endorsed upon the warrant by the Officer to whom the warrant is directed.

Section 81 - Magistrate issuing a warrant may personally superintend its execution

The Magistrate,[167] by whom a warrant of arrest is issued, may attend personally, for the purpose of seeing that the warrant is duly executed. The Magistrate[168] may also at any time direct the arrest in his presence of any person for whose arrest he is competent to issue a warrant.

Section 82 - All persons bound to assist in certain cases

Every person is bound to assist a Magistrate[169] or Police Officer demanding his aid in the prevention of a breach of the peace, or in the suppression of a riot[170] or an affray,[171] or in the taking of any other person whom such Magistrate or Police Officer is authorized to arrest.

Section 83 - Where a warrant of a Magistrate must be executed

A warrant issued by a Magistrate shall ordinarily be executed (unless it be specially otherwise provided) within the jurisdiction of the Magistrate[172] of the District in which it was issued.

Section 84 - Warrant executed in another jurisdiction

If arrest be made within jurisdiction of a Supreme Court

When any person against whom a warrant is issued by a Magistrate[173] shall escape, go into, or be, in any place out of the jurisdiction of the Magistrate issuing such warrant, the warrant may be executed in such place; and if the person against whom the warrant is issued is arrested in such place, the Police Officer, or other person executing the warrant, shall[174] carry him before the Magistrate[175] of the District, or some other Magistrate within whose jurisdiction the arrest was made. If the offence with which the person arrested is charged be bailable, and such person shall be willing and ready to give bail for his appearance before the Magistrate by whom the warrant was issued, the Magistrate before whom such person is brought shall take bail of such person for his appearance accordingly, and shall release him from custody, and forward the recognizance or other bail-bond to the Magistrate by whom the warrant was issued. If the offence be not bailable, or if the person arrested be unable to find bail, he shall be forwarded to the Magistrate by whom the warrant was issued. If the arrest be made within the local limits of the jurisdiction of a Supreme Court of Judicature,[176] the person accused when arrested, shall be taken before the Chief Commissioner of Police, or a Police Magistrate. Such Chief Commissioner or Police Magistrate shall forward the person arrested to the Magistrate by whom the warrant was issued ; or, if the offence with which the person arrested is charged be bailable, shall admit him to bail, and shall forward the recognizance or other bail-bond to such Magistrate.

Section 85 - If arrest be made within 20 miles, person arrested may be carried before the Magistrate who issued the warrant

If the place of arrest, under the last preceding Section, be within twenty miles from the place at which the warrant was issued, the person arrested may be carried, in the first instance, before the Magistrate who issued the warrant.

Section 86 - Warrants to be endorsed may be sent by post

A Magistrate[177] issuing a warrant for the arrest of a person out of his jurisdiction, may direct his warrant to any Magistrate within whose jurisdiction such person is, or is supposed to be, and may send the same by post. On receipt of the warrant by the Magistrate to whom it is directed, he shall endorse his name thereon, and enforce its execution in the same manner as if the warrant had been originally issued by himself. If the person named in the warrant be apprehended, he shall be carried before the Magistrate who endorsed it, and shall be dealt with by such Magistrate as provided in Section 84.

Section 87 - Warrants for execution within limits of Supreme Court to be addressed to Chief Commissioner or Magistrate of Police

A warrant issued under the last preceding Section for execution within the local limits of a Supreme Court of Judicature,[178] shall be directed to the Chief Commissioner of Police, or to a Police Magistrate, who shall proceed in the manner provided in Section 84 of this Act.

Section 88 - Magistrate how to proceed on arrest under his own warrant for an offence committed out of his jurisdiction

On the arrest of a person for whose apprehension a warrant has been issued under the provisions of Section 74 of this Act, in respect of an offence known or suspected to have been committed in another District[179] or division+ of a District, the Magistrate who issued the warrant shall, unless he is authorized to complete the enquiry himself, send the person arrested to the Magistrate within the limits of whose jurisdiction the offence is known or suspected to have been committed, or take bail for his appearance before such Magistrate, if the offence of which such person is suspected is bailable. When the Magistrate who issued the warrant cannot satisfy himself as to the Magistrate to whom the person arrested should be sent, the case shall be reported for the orders of the Sudder Court.[180]

Section 89 - Subordinate Magistrate how to proceed in such cases

If the arrest was made under a warrant issued under Section 74 of this Act by a Magistrate subordinate to the Magistrate of the District,[181] such Magistrate shall send the person arrested to the Magistrate of the District,[182] unless the Magistrate in whose jurisdiction the offence is suspected to have been committed, shall issue his warrant for the arrest of such person, in which case the person arrested shall be delivered to the Police Officer or other[183] person executing such warrant, or shall be sent to the Magistrate by whom such warrant was issued. If the offence of which the person arrested is suspected, shall have been committed in the jurisdiction of another Subordinate Court of the same District, the Magistrate who issued the warrant under Section 74 of this Act, shall send the person arrested to the Magistrate in charge of the division in which the offence was committed.

Section 90 - Notification of substance of warrant

A Police Officer or other[184] person executing a warrant of arrest, shall notify the substance of the warrant to the person to be arrested, and, if required to do so, shall snow the warrant to such person.

Section 91 - Warrant how to be executed

In making an arrest, the Police Officer or other person[185] executing the warrant, shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

Section 92 - Resisting an endeavour to arrest

If a person against whom a warrant of arrest is issued, shall forcibly resist the endeavour to arrest him, it shall be lawful for the Police Officer or other person[186] executing the warrant, to use all such means as may be necessary to effect the arrest.

In connection with this Section, the terms of S. 99, Penal Code, particularly those of the Explanation, should be borne in mind ; and it is, therefore, of the greatest importance that, in making an arrest, every possible information should be given to the person to be arrested, so as to deprive him of the shadow of an excuse for assuming the exercise of a right of private defence.

Section 93 - Search of house entered into by person against whom warrant has been issued

If there is reason to believe[187] that any person, against whom a warrant has been issued, has entered into, or is within any house or place, it shall be the duty of any person residing in or in charge of such house or place, on demand of the Police Officer or other person executing the warranty to allow such Police Officer or other person free ingress thereto, and to afford all reasonable facilities for a search therein.

Section 94 - Breaking of outer or inner door or window

The Police Officer or other person[188] authorized by warrant to arrest a person, may break open any outer or inner door or window of any house or place, whether that of the person accused, or of any other person, in order to execute such warrant, if, after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.

Section 95 - Breaking open a zenana or female apartment

If information be received that a person accused of any offence, for which a warrant may[189] issue, is concealed in a zenana or apartment in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the Police Officer, or other person[190] employed to execute the warrant, shall take such precautions as may be necessary to prevent the escape of the accused person ; and if the accused person shall not deliver himself up, the Police Officer or other person authorized to execute the warrant may, if, after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance, break open such zenana or apartment, and execute the process entrusted to him ; first giving notice to any woman as aforesaid in such zenana or apartment, not being a person against whom a warrant has been issued, that she is at liberty to withdraw, and affording her every reasonable facility for withdrawing.

Section 96 - No unnecessary restraint

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Section 97 - Party arrested to be brought immediately before the Magistrate

The Officer or other[191] person executing the warrant shall, without unnecessary delay, bring the person arrested before the Magistrate before whom he is required by this Act to produce him.

Section 98 - No threat, promise, or caution, as to disclosure by party arrested

No Police Officer or other person shall offer to the person arrested any inducement, by threat or promise or otherwise, to make any disclosure. But no Police Officer or other person shall prevent the person arrested, by any caution or otherwise, from making any disclosure which he may be disposed to make of his own free will.

Section 99 - Provisions in Chapter V. relating to a warrant and its issue applicable to all warrants

The provisions relating to a warrant and its service and issue contained in this chapter shall be applicable to every warrant of arrest issued under this Act.

Section 100 - Police Officer may arrest without warrant in certain cases

A Police Officer in the cases hereinafter mentioned may, without orders from a Magistrate and without a warrant, arrest--

First,--Any person who, in the sight of such Police Officer, shall commit an offence specified in Column 3 the Schedule annexed to this Act, as an offence for which Police Officers may arrest without a warrant.

Secondly.-- Any person against whom a reasonable complaint has been made or a reasonable suspicion exists of his having been concerned in any such offence.

Thirdly.-- Any person against whom a hue and cry has been raised of his having been concerned in any such offence.

Fourthly.-- Any person who is a proclaimed offender.

Fifthly.-- Any person who is found with stolen property[192] in his possession.

Sixthly.-- Any person who shall obstruct a Police Officer while in the execution of his duty.

Section 101 - Vagabonds

An Officer in charge of a Police Station may, without orders from a Magistrate and without a warrant, arrest or cause to be arrested any person found lurking within the limits of such Station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, or any person who is a reputed robber, housebreaker, thief, receiver of stolen property knowing it to be stolen, or who is of notoriously baa livelihood.

Section 102 - Police may interfere to prevent offences

It shall be the duty of every Police Officer to prevent, and he may interpose for the purpose of preventing, the commission of any offence specified in Column 3 of the Schedule annexed to this Act, as an offence for which Police Officers may arrest without a warrant.

Section 103 - Information to be communicated

It shall be the duty of a Police Officer, who shall receive information of a design to commit any such offence,[193] to communicate such information to the Police Officer to whom he is subordinate, and to any other Officer whom it may concern, to prevent or take cognizance of the commission of any such offence.

Section 104 - May arrest to prevent offences

A Police Officer, knowing of a design to commit any such offence[194] as aforesaid, may arrest, without orders from a Magistrate, and without a warrant, the person so designing, if the commission of the offence cannot be otherwise prevented.

Section 105 - Injury to public property

A Police Officer may, of his own authority, interpose for the prevention of any injury attempted to be committed in his view to any public buildings, work of art, road, bridge, tank, well, or water-channel, or to prevent the removal or injury of any public landmark or buoy, or other mark used for navigation.

Section 106 - Person in charge of house entered into by another of whom Police Officer is in search, to allow ingress, &c

If there is reason to believe[195] that any person liable to arrest under this Chapter without a warrant, of whom a Police Officer is in search, has entered into, or is within, any house or place, it shall be the duty of the person residing in or in charge of such house or place, on the demand of such Police Officer, to allow ingress thereto, and all reasonable facilities for a search therein.

Section 107 - Procedure if ingress be not obtained

If ingress to such house or place cannot be obtained under the last preceding Section, the Police Officer authorized to make the arrest shall take such precautions as may be necessary to prevent the escape of the person to be arrested, and send immediate information to a Magistrate.[196] If no warrant can be obtained without affording such person an opportunity of escape, and there is no person authorized to enter without a warrant on the spot, the Police Officer may make an entry into such house or place, and search therein.

Section 108 - Person charged with an offence refusing to give his name and residence

Any person who is known or suspected to have committed an offence for which a Police Officer is not authorized to arrest without a warrant, and who shall refuse, or demand of a Police Officer, to give his name and residence, or shall give a name or residence which there is reason to believe to be false, may be detained by such Police Officer for the purpose of ascertaining the name or residence of such person; and with a view to future proceedings.

Section 109 - Party arrested to be taken immediately before the proper authority

A Police Officer having made an arrest under this Chapter, shall take or send the person arrested without unnecessary delay before the Magistrate who has jurisdiction in the case, or before the Officer in charge of a Police Station.

Section 110 - Arrest for an offence committed in the presence of a Magistrate

When any offence is committed in the presence of a Magistrate, such Magistrate may order any person to arrest the offender, and may thereupon commit him to custody, or, if the offence is bailable, may admit him to bail.

Section 111 - Unlawful assembly to disperse on the order of a Magistrate, &a

A Magistrate or Officer in charge of a Police Station may command an unlawful[197] assembly to disperse, and it shall thereupon be the duty of the members[198] of such unlawful assembly to disperse accordingly.

Section 112 - Person arresting may re-take on escape and deal with the party arrested as on original taking

If a person lawfully arrested under the provisions of this Act shall escape, or be rescued, it shall be lawful for the Police Officer or other person from whose custody the person so arrested shall have escaped, or have been rescued, to make fresh pursuit, and to re-take him in any place, either within or without the jurisdiction where he was so in custody, and to deal with such person as such Police Officer or other person might have done on an original taking.

Section 113 - May adopt the same measures as on original taking

In order to re-take any person, as provided in the last preceding Section, the Police Officer or other person making such fresh pursuit may adopt the same measures as he might have adopted on the original taking.

Section 114 - Search-warrant, when grantable

When a Magistrate[199] considers that the production of anything is essential to the conduct of an enquiry into an offence known or suspected to have been committed, or when he considers that such enquiry will be furthered by the search or inspection of any house or place, he may grant his search-warrant, and the Officer charged with the execution of such warrant may search any house or place within the jurisdiction of such Magistrate. The Magistrate may, if he see fit, specify in his warrant the house or place, or part thereof, to which only the search or inspection shall extend, and the Officer charged with the execution of such warrant shall then search only the house, place, or part so specified.

Section 115 - Direction of search-warrant

A search-warrant shall ordinarily be directed to a Police Officer, but the Magistrate issuing the warrant may, if he see fit, direct it to any other person.

Section 116 - A warrant to a Police Officer may be executed by another

A search-warrant directed to an Officer in-charge of a Police Station may, if such Officer is not able to proceed in person, be executed by any Officer subordinate to such Officer. In such case the name of such subordinate Officer shall be endorsed upon the warrant by the Officer to whom the warrant is directed.

Section 117 - How to be executed out of jurisdiction of the Magistrate

When it shall be necessary for a search-warrant to be executed out of the jurisdiction of the Magistrate issuing the warrant, the Magistrate within whose jurisdiction the warrant is to be executed shall endorse his name on the warrant, which shall be sufficient authority for the Police Officer charged with the execution of such warrant to execute the same within the same jurisdiction; or the search-warrant may be directed to the Magistrate within whose jurisdiction the search is to be made, and such Magistrate shall thereupon endorse his name on such warrant and enforce its execution in the same manner as if the warrant had been issued by himself.

Section 118 - Search - warrant may in cases of emergency be executed without endorsement

In any case in which there is reason to believe[200] that the delay occasioned by obtaining the endorsement of the Magistrate in whose District the warrant is to be executed, will prevent the discovery of the thing for which search is to be made, the Police Officer charged with the execution of the search-warrant may execute the same in any place beyond the jurisdiction of the Magistrate by whom it was issued, without the endorsement of the Magistrate in whose jurisdiction that place is situate.

Thing found to be taken immediately to the Magistrate within whose jurisdiction it is found

If the thing for which search is made is found in such place, it shall be immediately taken before the Magistrate in whose jurisdiction it is found, and who, unless there be good cause to the contrary, shall make an order authorizing it to be taken to the Magistrate who issued the warrant.

Section 119 - Procedure in such cases within local limits of Supreme Court

If the thing searched for be found within the local limits of a Supreme Court of Judicature,[201] it shall be taken to the Chief Commissioner of Police, or to a Police Magistrate, who shall act in the manner prescribed in the last preceding Section.

Section 120 - Magistrate may, when necessary, issue search-warrant to be executed in the jurisdiction of another Magistrate

In any case in which it may appear necessary, a Magistrate may, by the warrant, order search to be made in a place out of his jurisdiction, and may direct that the warrant be executed either after or without obtaining the endorsement of the Magistrate within whose jurisdiction the search is to be made. When a Magistrate issues a warrant under this Section, he shall inform the Magistrate within whose jurisdiction the house or place to be searched is situate ; or if the house or place be situate within the local limits of any Supreme Court of Judicature,[202] he shall inform the Chief Commissioner of Police of the issue of such warrant.

Section 121 - Magistrate may send search-warrant by post to the Magistrate of another District

A Magistrate[203] issuing a search-warrant to be executed in any house or place out of the jurisdiction of the Magistrate of the District,[204] may direct the warrant to any Magistrate within whose jurisdiction such house or place is situate, and may send the same by post. On receipt of the warrant by the Magistrate to whom it is directed, he shall endorse his name thereon and enforce its execution in the same manner as if it had been originally issued by himself. If the warrant is to be executed within the local limits of the High Court, it shall be addressed to the Commissioner of Police, or to a Police Magistrate. In5 Procedure to be observed by such Magistrate. such case any property found on search made, may be dealt with as provided in Sections 118 and 119.

Section 122 - Persons In charge of dwelling-house, &c., to allow the search

If the house or place to be searched is closed, it shall be the duty of any person residing in or in charge of such house or place, on demand of the Officer or other person executing the warrant, to allow such Officer or other person free ingress thereto, and to afford all reasonable facilities for a search therein.

Section 123 - Place to be searched may be broken open

A Police Officer, or other person authorized by a warrant to search any house or place, may break open any outer or inner door or window of the house or place, in order to execute such warrant, if, after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.

Section 124 - Breaking of zenana or female apartment

If the place ordered to be searched is a zenana, or apartment in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the Officer or other person charged with the execution of the warrant shall give notice to such woman in such zenana or apartment, not being a woman against whom a warrant of arrest has been issued, that she is at liberty to withdraw ; and after giving such notice, and allowing a reasonable time for the woman to withdraw, and affording her every reasonable facility for withdrawing, such Officer or other person may enter such zenana or apartment for the purpose of completing the search, using at the same time every precaution, consistent with these provisions, for preventing the clandestine removal of property.

Section 125 - Search of house, &c., to be made in the presence of witness

The search of any house or place under this Chapter shall be made in the presence of two or more respectable inhabitants of the place in which the house or place searched is situate, but such persons shall not be required to attend the Court of the Magistrate as witnesses, unless specially summoned by such Magistrate.

Occupant of the place searched may attend

The occupant of the house or place, or some person in his behalf, shall, in every instance, be permitted to attend during the search.

Section 126 - Mode of searching females

In any case in which it shall be necessary to cause a female to be searched, the search shall be conducted with strict regard to the habits and customs of the country.

Section 127 - Search of house suspected to contain stolen property or forged documents

If the Magistrate of the District,[205] or a Magistrate in charge of a division of a District,[206] or any other Officer exercising the powers of a Magistrate,[207] upon information and after such enquiry as he may think necessary, has reason to believe[208] that any house or other place is used as a place for the deposit or sale of stolen property,[209] or for the deposit or sale or manufacture of forged[210] documents or counterfeit§ Government stamps or counterfeits coin,[211] or instruments or materials for counterfeiting[212] coin,[213] or for forging,[214] or that any forged[215] documents or counterfeit If stamps or false seals or any counterfeit[216] coin,[217] or instruments or materials used for counterfeiting[218] coin,[219] or for forging,[220] are kept or deposited in any house or other place, he may by his warrant authorize any Police Officer above the rank of a constable to enter, with such assistance as may be required, and by force, if necessary, any such house or other place, and to search all such parts of the same as are specified in the warrant, and to seize and take possession of any property, documents, stamps, seals, or coins therein found, which he may reasonably suspect to be stolen, forged, false, or counterfeit, and also of any such instruments and materials as aforesaid.

Section 128 - Magistrate may attend personally

The Magistrate by whom a search-warrant is issued may attend personally for the purpose of seeing that the warrant is duly executed. The Magistrate may also direct a search to be made in his presence of any house or place, for the search of which he is competent to issue a search-warrant.

Section 129 - Inspection of weights and measures used in shops

An officer in charge of a Police Station may, without a warrant, enter any shop or premises, within the limits of such Station, for the purpose of inspecting or searching for any weights or measures or instruments for weighing used or kept therein, whenever he shall have reason to believe[221] that there are in such shop or premises any weights, measures, or instruments for weighing which are false. If such Police Officer shall find in such shop or premises any weights, measures, or instruments that are false, he may seize the same, and shall forthwith give information of such seizure to the Magistrate having jurisdiction.

Section 130 - Procedure by Police Officer upon seizure of property

The seizure by any Police Officer of property alleged or suspected to have been stolen, or of property seized by any Police Officer under circumstances which create suspicion of the committal of any offence, shall be forthwith reported to a Magistrate,[222] who shall thereupon make such order respecting the custody and production of the property as he shall think proper. If the property is of a perishable nature, or if it appear to the Magistrate that its sale would be for the benefit of the owner, he may at any time direct it to be sold, and shall hold the proceeds in trust for the owner, subject to the provisions contained in Sections 131 and 132: Provided that no Subordinate Magistrate of the Second Class[223] shall exercise this power unless he is generally or specially authorized to do so by the Magistrate of the District.[224]

Section 131 - Procedure where the owner is unknown

When the owner of any such property is unknown, the Magistrate may detain the same, or the proceeds thereof if sold, and in case of such detention shall issue a proclamation specifying the articles of which such property consists or consisted, and requiring any person who may have a claim thereto, or to the proceeds thereof, to appear before him and establish his claim within six months from the date of such proclamation.

Section 132 - Procedure if no claimant appear within six months from date of proclamation

If no person within such period establishes his claim to such property or proceeds, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the property shall be at the disposal of the Government, and may be sold under the orders of the Magistrate of the District,[225] or if it has been already sold by the Magistrate, the proceeds shall be at the disposal of the Government.

Section 132A - Order for disposal of property

When the trial in any Criminal Court[226] is concluded, the Court at the time of passing judgment may pass such order as appears right for the disposal of any property produced before it, regarding which any offence appears to have been committed.

Section 132B - Stay of such order

Any Court of appeal, reference, or revision, may direct any such order passed by a Court subordinate thereto to be stayed, and may modify, alter, or annul it.

Section 132C - Order may take form of reference

The order passed by any Court under Section 132 A or 132 B may be in the form of a reference of the property to the Magistrate of the District,[227] who shall in such cases deal with it as if he were acting under. Sections 130, 131, and 132, under the circumstances mentioned in Section 130, and the seizure had been reported to him by the Police.

Section 133 - Police Officers to make enquiry into certain offences only when directed to do so by Magistrate

Except as provided in Section 108, no Police Officer shall, without an express order from a Magistrate,[228] enquire into or take cognizance of any offence punishable under the Indian Penal Code, other than the offences described in column 3 of the Schedule annexed to this Act, as offences for which a Police Officer may arrest without warrant. But it shall be competent to a Magistrate,[229] upon the report of a Police Officer or otherwise, to direct enquiry to be made by a Police Officer into any offence punishable under the Indian Penal Code or under any special[230] or local[231] law.

Section 134 - Saving of powers vested in Police Officers by any special or local law

Nothing in the last preceding Section shall be held to interfere with the exercise of any powers which are vested in a Police Officer by any special[232] or local If law, or with the performance of any duty which is imposed upon a Police Officer by any special[233] or local[234] law.

Section 135 - Upon complaint preferred, Officer in charge of Police Station to proceed in person or depute a subordinate officer to make enquiry

Upon complaint or information being preferred to an Officer in charge of a Police Station[235] of the commission, within the limits of such Station, of any of the offences specified in Column 3 of the Schedule annexed to this Act, as offences for which Police Officers may arrest without warrant, he shall send immediate intimation to the Magistrate having jurisdiction, and shall proceed in person, or shall depute one of his subordinate Officers to proceed to the spot to enquire into the facts and circumstances of the case, and to take such measures as may be necessary for the discovery and apprehension of the offender. Any Magistrate, on receiving intimation of the commission of any such offence, may at once proceed, or depute an Officer exercising any[236] of the powers of a Magistrate to proceed, to hold a preliminary enquiry into, or otherwise to dispose of, such case in the manner provided in this Act.

Section 136 - Except in cases not of a serious nature where local enquiry not necessary

Provided that when any complaint is made against any person by name, and the case is not of a serious nature, it shall not be incumbent on the Officer in charge of a Police Station[237] to proceed in person or to depute a subordinate Officer to make an enquiry on the spot, unless such local enquiry shall appear to be necessary.

Section 137 - If officer in charge of Police Station see no sufficient ground for an enquiry

Provided also that, if it appear to the Officer in charge of a Police Station that there is no sufficient ground for entering on an enquiry, or that the immediate apprehension of the accused is not necessary for the ends of justice, he shall not proceed in the case, but shall report the substance of the complaint or information for the orders of the Magistrate having jurisdiction.

Section 138 - All persons to give information of offences

It shall be the duty of every person who is aware of the commission of any offence made punishable under Sections 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, or 460, of the Indian Penal Code, to give information of the same to the nearest Police Officer, whenever he shall have reason to believe that, if such information be withheld, the person who committed the offence may not be brought to justice, or may have his escape facilitated.

Section 139 - Complaint, &c, to be in writing

Every complaint or information preferred to an Officer in charge of a Police Station/[238] shall be reduced into writing, and the substance thereof shall be entered in a diary to be kept by such Officer, in such form as shall be prescribed by the Local Government.

Section 140 - Procedure when a Police Officer deputes another

When any Officer in charge of a Police Station requires any Officer subordinate to him to make, without a warrant, an arrest which may lawfully be made by such Officer without a warrant, he shall deliver to the Police Officer required to make the arrest an order in writing,[239] specifying the person to be arrested, and the offence for which the arrest is to be made. The provisions of Sections 82, 90, 91, 92, 93, 94, 95, and 96, shall be applicable to every order in writing[240] issued under this Section.

Section 141 - Police may pursue offenders into other jurisdictions

It shall be lawful for a Police Officer to pursue, with a view to arrest, any person accused of any of the offences specified in Column 3 of the Schedule annexed to this Act, as offences for which Police Officers may arrest without a warrant, into the limits of another Police Officer, whether subordinate to the same Magistrate as himself, or to the Magistrate of any District,[241] and whether such place be under the same Local Government or not.

Section 142 - Issue of search - warrants by Officer in charge of Police Station

Whenever an Officer in charge of a Police Station[242] shall consider that the production of anything is essential to the conduct of an enquiry into any offence which he is authorized to investigate, it shall be lawful for him to search, or cause a search to be made, for the same, in any house or place within the limits of such Station. In such case, the Officer in charge of the Police Station shall, if practicable, conduct the search for such thing in person. If unable to conduct the search in person, and there is no other person competent to make the search present at the time, it shall be lawful for the Officer in charge of the Police Station to require any Officer subordinate to him to make the search, and he shall deliver to such Officer an order in writing,[243] specifying the property for which search is to be made, and the house or place to be searched ; and it shall thereupon be lawful for such subordinate Officer to search for such property in such house or place. The provisions of Sections 122, 123, 124, and 125 of this Act, relating to search-warrants, shall be applicable to a search made by or under the direction of an Officer in charge of a Police Station under this Section.

Section 143 - When one Officer of a Police Station may require another to issue a search-warrant

An Officer in charge of a Police Station[244] may require an Officer in charge of another Police Station, whether subordinate to the same Magistrate as himself, or to a Magistrate of another District, to cause a search to be made in any house or place in any case in which he might cause such search to be made within the limits of his own Station.

Section 144 - Witnesses to be summoned

An Officer in charge of a Police Station[245] may, by an order in writing,[246] require the attendance before himself of any person, being within the limits of his Station, who, from the statement of the complainant or otherwise, appears to be acquainted with the facts and circumstances of any case into which he is enquiring under Section 135 of this Act, and such person shall be bound to obey such requisition.

Section 145 - Oral examination of witnesses by Police

It shall be lawful for an Officer in charge of a Police Station, or other Police Officer making an enquiry, to examine orally any person who is supposed to be acquainted with the facts and circumstances of the case. Nothing in this Section shall preclude such Police Officer from reducing into writing any statement made by the person so examined. Provided that any statement so reduced into writing shall not be signed by the person making it, nor shall it be treated as part of the record, or used as evidence.

Section 146 - No inducement to be offered to accused person to confess

No Police Officer or other person shall offer any inducement to an accused person, by threat or promise, or otherwise, to make any disclosure or confession.

Section 147 - Police Officer not to record confession

No Police Officer shall record any statement or any admission or confession of guilt, which may be made before him by a person accused of any offence. Provided that nothing in this Section shall preclude any Police Officer from reducing any such statement or admission or confession into writing for his own information or guidance.

Section 148 - Confession made to a Police Officer shall not be used as evidence

No confession or admission of guilt made to a Police Officer shall be used as evidence against a person accused of any offence.

Section 149 - Confession made while the accused is in custody of the Police shall not be used as evidence

No confession or admission of guilt made by any person, whilst he is in the custody of a Police Officer, unless it be made in the immediate presence of a Magistrate,[247] shall be used as evidence against such person.

Section 150 - So much of any statement or confession made by the accused as relates to a fact thereby discovered, may be given in evidence

Provided that, when any fact is deposed to in evidence as discovered, in consequence of information received from a person accused of any offence or in the custody of a Police Officer, so much of such information, whether it amounts to a confession or admission of guilt or not, as relates distinctly to the fact hereby discovered, may be received in evidence.

Section 151 - Enquiry by the Police

If the person arrested appears, from the information obtained, to have committed the offence charged, and the offence is not bailable, the Officer in charge of the Police Station[248] shall forward him, under custody, to the Magistrate having jurisdiction in respect of the offence, and shall bind over the prosecutor and witnesses to appear on a fixed day before such Magistrate. When any subordinate Police Officer has made any enquiry under this Chapter, he may be required by the Officer in charge of the Police Station to submit a report of such enquiry to him, or may do so without such instructions, and the Officer in charge of the Police Station shall then proceed as if he had made the enquiry himself.

Section 152 - Accused not to be detained by the Police beyond 24 hours without special authority

No Police Officer shall, without the special order of a Magistrate, detain an accused person in custody for a longer period than, under all the circumstances of the case, is reasonable: such period in no case to exceed twenty-four hours. If the enquiry has not been completed within twenty-four hours, the Officer in charge of the Police Station shall, nevertheless, forward the accused to the Magistrate with a short despatch, stating the offence for which the accused has been arrested, if there are grounds for believing that the accusation is well founded.

Section 153 - Police how to proceed in cases of deficient evidence

If it shall appear to the Officer in charge of the Police Station[249] that there is not sufficient evidence or reasonable ground of suspicion to justify the transmission of the accused person to the Magistrate, he shall release the accused on bail, or on his own recognizance, to appear when required, and shall submit a report of the case for the orders of the Magistrate.

Section 154 - Daily record of proceedings

A Police Officer making an enquiry under this Chapter shall day by day enter his proceedings in a diary, setting forth the time at which the complaint or other information reached him, the time at which he began and closed his enquiry, the place or places visited by him, and a statement of the circumstances elicited by his enquiry, and shall forward day by day a copy of such diary to the District Superintendent of Police, who shall without delay bring to the notice of the Magistrate of the District[250] any part of such diary which he shall consider it to be important that such Magistrate shall know. The Magistrate of the District[251] shall be entitled to call for and inspect such diary. In cases where there is no District Superintendent of Police, the Police Officer shall forward day by day a copy of the diary to the Magistrate of the District. Such diary shall not be evidence of the facts stated therein, except against the Police Officer who made it.

Section 155 - Report of Police Officer, of what to consist

The enquiry shall be completed without unnecessary delay, and, as soon as it is completed, the Police Officer making the enquiry shall forward to the Magistrate a report, in such form as shall be prescribed by the Local Government, setting forth the names of the parties, the nature of the complaint, and the names of the witnesses, without any expression of opinion as to the guilt of the accused person, and shall also transmit any weapon or article which it may be necessary to produce before the Magistrate. The Police Officer shall state whether the accused person has been forwarded in custody, or has been released on bail or on his own recognizance. If the accused person be detained in custody, he shall state the fact and the cause of his detention.

Section 156 - Bail

A person accused of any offence entered as not bailable in Column 5 of the Schedule annexed to this Act, shall not be admitted to bail, if there appear reasonable ground for believing that he has been guilty of the offence imputed to him. But a person accused of any other offence shall be admitted to bail, if sufficient bail be tendered for appearance before the Magistrate having jurisdiction in respect of the offence.

Section 157 - Bail not to be excessive. Terms of security

The bail to be taken under the last preceding Section shall not be excessive ; and the surety or sureties shall bind himself or themselves under a specific penalty to produce the accused person before the Magistrate, on or before a fixed day, to answer the complaint.

Section 158 - Prosecutors and witnesses to execute recognizances to appear before the Magistrate

Every prosecutor and witness, whose attendance before the Magistrate is deemed necessary by the Police Officer making the enquiry, shall execute a recognizance in the form (E) given in the Appendix hereto, or to the like effect, for appearance before the Magistrate having jurisdiction in respect of the offence on a fixed day: such day shall be the day whereon the accused person is to appear, if he shall have been admitted to bail, or the day on which he may be expected to arrive at the Court of the Magistrate, if he is to fee forwarded in custody. The officer in whose presence the recognizance is executed, shall, after delivering to the prosecutor, or one of the witnesses, a duplicate thereof, send it with his report to the Magistrate. No Police Officer shall accompany the prosecutor or witnesses on his or their way to the Court of the Magistrate.

Section 159 - Prosecutors and witnesses not to be subjected to restraint

Recusant prosecutor or witness may be forwarded in custody

A Police Officer shall not subject any prosecutor or witness to restraint or unnecessary inconvenience, nor require them to give any other security for their appearance than their own recognizance's ; but if any prosecutor or witness shall refuse to attend, or to execute the recognizance directed in the last preceding Section, it shall be competent to the Officer[252] in charge of a Police Station to forward such prosecutor or witness under custody to the Magistrate, who may detain such prosecutor or witness in custody until he shall execute such recognizance, or until the hearing before the Magistrate.

Section 160 - Police to report all apprehensions

Officers[253] in charge of Police Stations shall report to the Magistrate of the District[254] the cases of all persons apprehended within the limits of their respective Stations, whether such persons shall have been admitted to bail or otherwise; and no person who has been apprehended shall be discharged, except on bail, or on his own recognizance, or under the special order of a Magistrate.

Section 161 - Police to make immediate enquiry and report on unnatural and sudden deaths

The Officer in charge of a Police Station, on receiving notice or information of the unnatural or sudden death of any person, shall immediately give intimation thereof to the nearest Magistrate, and proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make enquiry, and report the apparent cause of death, describing any mark of violence which may be found on the body, and stating in what manner or by what weapon or instrument such mark appears to have been inflicted. The report shall be signed by such Police Officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the Magistrate. When there may be any doubt regarding the cause of death, such Police Officer shall forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other Medical Officer appointed in this behalf by the Local Government, if the state of the weather and the distance admit of its being so forwarded without risk of putrefaction on the road. In the Presidencies of Madras and Bombay it shall be the duty of the Head of the village to make the enquiry and report as aforesaid.

Section 162 - By whom the powers of the Officer in charge of Police Station may be exercised in his absence or illness

The powers to be exercised by an Officer in charge of a Police Station under this Chapter, shall be exercised, in the event of his absence or illness, by the Police Officer next in rank present at the Police Station, above the rank of a constable, peon, or burkundaz.

Section 163 - Procedure in certain cases of contempt

When any such offence, as is described in Sections 175, 178, 179, 180, or 228 of the Indian Penal Code, is committed in the view or presence of any Civil, Criminal, or Revenue Court, it shall be competent to such Court to cause the offender, whether he be a European British subject or not, to be detained in custody; and, at any time before the rising of the Court on the same day, to take cognizance of the offence, and to adjudge the offender to punishment by fine not exceeding two hundred Rupees, or by imprisonment in the Civil Jail for a period not exceeding one month, unless such fine be sooner paid. In every such case the Court shall record the facts constituting the contempt, with any statement the offender may make, as well as the finding and sentence. If the Court, in any case, shall consider that a person accused of any offence above referred to should be imprisoned, or that a fine exceeding two hundred Rupees should be imposed upon him, such Court, after recording the facts constituting the contempt, and the statement of the accused person as before provided, shall forward the case to a Magistrate, or, if the accused person be a European British subject, to a Justice of the Peace, and shall cause bail to be taken for the appearance of such accused person before such Magistrate or Justice of the Peace, or, if sufficient bail be not tendered, shall cause the accused person to be forwarded under custody to such Magistrate or Justice of the Peace. If the case be forwarded to a Magistrate, such Magistrate shall proceed to try the accused person in the manner provided by this Act for trials before a Magistrate, and it shall be competent to such Magistrate to adjudge such offender to punishment, as provided in the Section of the Indian Penal Code under which he is charged. If the case be forwarded to a Justice of the Peace, such Justice of the Peace shall enquire into the circumstances, and shall have the same powers of punishing the offender as are vested by the Statute 53 George III., c. 155, s. 105, in a Justice of the Peace for the punishment of an assault, and may deal with the offender in the same manner as is provided in that behalf in the said Statute. If such Justice of the Peace shall consider the offence to require a more severe punishment than a Justice of the Peace is competent to award, under the said Statute, he may commit the offender to a Supreme Court of Judicature.[255] In no case tried under this Section shall any Magistrate adjudge imprisonment or a fine exceeding two hundred Rupees for any contempt committed in his own presence against his own Court.

Section 164 - Discharge of an offender on his submission

When any Court has adjudged an offender to punishment, or forwarded him to a Magistrate or Justice of the Peace for trial under Section 163, for refusing or omitting to do anything which he was lawfully required to do, or for any intentional insult or interruption, the Court may discharge the offender, or remit the punishment, on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

Section 165 - Procedure in all except certain cases when the offender is a European British subject

When any such offence as is described in Chapter X. of the Indian Penal Code, except Sections 175, 178, 179, and 180, is committed in contempt of the lawful authority of any Civil, Criminal, or Revenue Court, by a European British subject, such offence shall be cognizable only by a Magistrate who is a Justice of the Peace, and such Magistrate shall have the same powers of punishment for such offence as are vested by the Statute 53 George III., c. 155, s. 105, in a Justice of the Peace for the punishment of an assault, and may deal with the offender on conviction in the same manner as is provided in that behalf in the said Statute. If such Magistrate shall consider the offence to require a more severe punishment than a Justice of the Peace is competent to award under the said Statute, he may commit the offender to a Supreme Court of Judicature.[256]

Section 166 - Prosecutions for certain offences not to be instituted but under authority of Government or of a duly empowered Officer

A charge of an offence punishable under Chapter VI.[257] of the Indian Penal Code, except Section 127, shall not be entertained by any Court, unless the prosecution be instituted by order of, or under authority from, the Governor-General of India in Council, or the Local Government, or some Officer empowered by the Governor-General in Council, to order or authorize such prosecution, or unless instituted by the Advocate-General.

Section 167 - Prosecution against Judges, &c

A charge of an offence punishable under the Indian Penal Code, of which any Judge,[258] or any public servant[259]not removable from his office without the sanction of the Government, is accused as such Judge[260] or public servant,[261] shall not be entertained against such Judge[262] or public servant,[263] except with the sanction, or under the direction, of the Local Government, or of some Officer empowered by the Local Government, or of some Court or other authority to which such Judge[264] or public servant[265] is subordinate, and whose power so to sanction or direct such prosecution the Local Government shall not think fit to limit or reserve.

Section 168 - Prosecution for certain offences under Chapter X. of the Penal Code not to be instituted but with sanction of the public servants concerned

A charge of a contempt of the lawful authority of any Court or public, servant,[266] or of any other offence against a public servant as such, described in Chapter X. of the Indian Penal Code, not falling within Section 163 of this Act, shall not be entertained in any Criminal Court,[267] except with the sanction or on the complaint of the Court or public servant concerned, or, if such servant is an inferior ministerial servant, with the sanction or on the complaint of his official superior. The prohibition contained in this Section shall not apply to the offences described in Sections 189 and 190 of the Penal Code.

Section 169 - Prosecution for certain offences against public justice not to be instituted out with sanction of the authority before which the offence was committed

A charge of an offence against public justice, described in Sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211, or 228, of the Indian Penal Code, when such offence is committed before or against a Civil or Criminal Court,[268] shall not be entertained in the Criminal Courts,[269] except with the sanction of the Civil or Criminal Court before or against which the offence was committed, or of some other Court to which such Court is subordinate. Such sanction may be given at any time.

Section 170 - Prosecution for certain offences relating to documents not to be instituted but with the sanction of the Court in which, such documents were given in evidence

A charge of an offence relating to documents described in Sections 463, 471, 475, or 476, of the Indian Penal Code, when the document shall have been given in evidence in any proceedings in any Court, Civil or Criminal,[270] shall not be entertained in any Criminal Court[271] against a party to such proceedings, except with the sanction of the Court in which the document was given in evidence, or of some other Court to which such Court is subordinate. Such sanction may be given at any time.

Section 171 - Mode of proceeding in cases mentioned in the last three preceding Sections

When any Court, Civil or Criminal,[272] is of opinion that there is sufficient ground for investigating any charge mentioned in the last three preceding Sections, the Court, after making such preliminary enquiry as may be necessary, may send the case for investigation to any Magistrate having power to try or commit for trial the accused person for the offence charged, and such Magistrate shall thereupon proceed according to law, and the Court shall have power to send the accused person in custody, or to take sufficient bail for his appearance before such Magistrate, and may bind over any person to appear and give evidence on such investigation.

Section 172 - Power of Court of Session in respect of such offences committed before it

It shall be competent to a Court of Session[273] to charge a person for any such offence committed before it or under its own cognizance, if the offence be triable by the Court of Session[274] exclusively, and to commit or hold to bail, and to try such person upon its own charge. In such case the Court of Session[275] shall have the same power[276] of summoning and causing the attendance at the trial of the witnesses for the prosecution or for the defence, which is vested in a Magistrate by this Act. Such Court may direct the Magistrate to cause the attendance of such witnesses on the trial.

Section 173 - Civil courts empowered to complete investigation and commit accused to Court of Session

In any case triable by the Court of Session[277] exclusively, any Civil Court before which any such offence was committed may, instead of sending the case for investigation to a Magistrate, complete the investigation itself, and commit or hold to bail the accused person to take his trial before the Court of Session.[278] For the purposes of investigation under this Section the Civil Court may exercise all the powers of a Magistrate.

Section 174 - Procedure by Civil Court in such cases

When any such commitment is made by order of a Civil Court, the Court shall frame a charge in the manner hereinafter provided, and shall transmit the same with the order of commitment and the record of the case to the Magistrate[279] of the District, or other Officer exercising any[280] of the powers of a Magistrate, and such Magistrate or other Officer as aforesaid shall bring the case before the Court of Session,[281] together with the witnesses for the prosecution and defence.

Section 175 - Court of Session or Civil Court may exercise all the powers or a Magistrate as to binding over persons to give evidence

Whenever any Court of Session[282] or Civil Court shall commit or hold to bail any person for trial under the last three preceding Sections, such Court may also bind over any person to give evidence, and for that purpose may exercise[283] all the powers of a Magistrate.

Section 176 - Magistrates not empowered to commit, to send the case to Magistrate competent to do so

If any such offence, triable by the Court of Session[284] exclusively, be committed before a Magistrate not empowered to commit for trial before a Court of Session, such Magistrate shall send the case to a Magistrate competent to make such commitment, who shall proceed to pass such order in the case as he may think proper.

Section 177 - Prosecution for adultery not to be instituted except by the husband

A charge of an offence under Section 497 of the Indian Penal Code shall not be instituted except by the husband of the woman.

Section 178 - Prosecution for enticing away a married woman not to be instituted except by husband or person in charge of the woman

A charge of an offence under Section 498 of the Indian Penal Code shall not be instituted, except by the husband of the woman, or by the person having care of such woman on behalf of her husband.

Section 179 - Magistrate may issue his warrant

When a complaint is made to the Magistrate of a District,[285] or any other Officer exercising the powers of a Magistrate,[286] or to any subordinate Magistrate empowered[287] to commit persons for trial before the Court of Session,[288] that any person has committed, or is suspected to have committed, any offence triable exclusively by the Court of Session,[289] or which, in the opinion of such Magistrate, ought to be tried by the Court of Session,[290] such Magistrate may issue his warrant to arrest such person. Provided that in any such case the Magistrate to whom such complaint is made may, if he thinks fit, instead of issuing in the first instance his warrant to arrest the accused person, issue his summons requiring him to appear to answer to such complaint.

Section 180 - Postponement of issue of process

May dismiss the complaint

If the Magistrate[291] see cause to distrust the truth of the complaint, he may postpone the issuing of process for causing the attendance of the person complained against, and direct a previous enquiry to be made into the truth of the complaint, either by means of any Officer subordinate to such Magistrate, or of a local Police Officer, or in such other mode as he shall judge most proper, for the purpose of ascertaining the truth or falsehood of the complaint. If such enquiry is made by means of some person other than an Officer exercising any of the powers[292] of a Magistrate or a Police Officer, such person shall exercise all the powers vested by this Act in an Officer in charge of a Police Station, except that he shall have no power to make an arrest. Nothing contained in this Section shall prevent the Magistrate from at once dismissing the complaint, if in his judgment there be no sufficient ground for proceeding with it.

Section 181 - Magistrate may direct bail to be taken

It shall be in the discretion of the Magistrate,[293]; in issuing his warrant for the arrestment of any person against whom a complaint has been made, to direct, by endorsement on the warrant, that, if such person be willing and ready to give bail, in a sum to be fixed by the Magistrate, for his appearance before the Magistrate to be named in the warrant on a specified day, to answer the complaint, the Officer to whom the warrant is directed shall accept such bail, and shall release the person from custody. In the event of bail being given, the Officer shall forward the bail-bond to the Magistrate.

Section 182 - Magistrate may dispense with the personal attendance of the accused

The Magistrate may, if he see sufficient cause, dispense with the personal attendance of the accused person, and permit him to appear by an agent duly authorized to act in his behalf. But it shall be in the discretion of the Magistrate, at any stage of the proceedings, to direct the personal attendance of the accused person.

Section 183 - Proclamation for an absconding party

If any person accused of an offence absconds or conceals himself, so that, upon a warrant issued against him, he cannot be found, the Magistrate shall, if satisfied that such person absconds or conceals himself for the purpose of avoiding the service of the warrant, issue a written[294] proclamation, requiring such person to appear to answer the complaint within a fixed period, not less than thirty days. The proclamation shall be publicly read in some conspicuous place of the town or village in which such person usually resides, and shall be affixed on some conspicuous part of the ordinary place of abode of such person, or on some conspicuous place of such town or village. A copy of the proclamation shall also be affixed on some conspicuous part of the Court House of the Magistrate.

Section 184 - Attachment of the property of absconding party

The Magistrate may, at the same time, order the attachment of any movable[295] or immovable property belonging to the person absconding or concealing himself. Such order shall not authorize the attachment of any property out of the jurisdiction of the Magistrate by whom it is made, but it shall authorize the attachment of property in the jurisdiction of any Magistrate by whom such order is endorsed. The attachment under this Section shall, if the property ordered to be attached be land paying revenue to Government, be made through the Collector of the District in which the land is situate, and in all other cases by seizure under the order of the Magistrate, or by the appointment of a manager and receiver, or by an order prohibiting the payment of rent to the absent person, as the Magistrate shall deem proper. If the absent person shall not appear within the time specified in the proclamation, the property under attachment shall be declared to be at the disposal of Government, but shall not be sold until the expiration of six calendar months, unless such property is of a perish able nature, or it shall be considered by the Magistrate that the sale would be for the benefit of the owner.

Section 185 - Restoration of property declared to be forfeited

When any person whose property has been declared to be at the disposal of Government under Section 184, appears or is found within two years after the attachment of the property, and proves to the satisfaction of the Court trying him for the offence of which he was accused, or, if not tried or committed for trial for that offence, to the satisfaction of the Magistrate of the District,[296] that he did not abscond or conceal himself for the purpose of evading justice, such property, or if the same has been sold the proceeds thereof, shall be restored to him.

Section 186 - Summons to a witness to attend and give evidence

The Magistrate shall ascertain from the complainant, or otherwise, the names of any persons who may be acquainted with the facts and circumstances of the case, and who are likely to give evidence for the prosecution, and shall issue his summons to such persons, requiring them to appear at the time and place mentioned in the summons before such Magistrate, to testify what they know concerning the complaint made against the accused person

S.187 has been replaced by Act VIII. of 1869.

Section 188 - In what cases warrant in the first instance

If the Magistrate shall see reason to believe that such witness will not attend to give evidence without being compelled to do so, it shall be lawful for such Magistrate, instead of issuing a summons, to issue his warrant in the first instance.

Section 189 - If warrant cannot be served

If the warrant cannot be served, and the Magistrate is satisfied that the witness absconds or conceals himself for the purpose of avoiding the service thereof, the Magistrate may issue a proclamation, requiring the attendance of such witness, to give evidence, at a time and place to be named therein, to be affixed on some conspicuous part of his ordinary place of abode; and if such witness shall not attend at the time and place named in such proclamation, the Magistrate may order the attachment of any movable property[297] belonging to such witness, to such amount as he shall deem reasonable, not being in excess of the amount of costs of attachment and of any fine to which such witness may be liable under the provisions of the following Section. Such order shall not authorize the attachment of any property out of the jurisdiction of the Magistrate by whom it is made, but it shall authorize the attachment of property in the jurisdiction of any Magistrate by whom such order is endorsed.

Section 190 - If on attachment witness appear and satisfy Magistrate, his property to be released from attachment

If he do not appear or satisfy Magistrate, property to be sold

If the witness shall appear and satisfy the Magistrate that he did not abscond or conceal himself for the purpose of avoiding the service of the warrant, and that he had not notice of the proclamation in time to attend at the time and place named therein, the Magistrate shall direct that the property be released from attachment, and shall make such order in regard to the costs of the attachment as he shall deem fit. If such witness shall not appear, or appearing, shall fail to satisfy the Magistrate that he did abscond or conceal himself for the purpose of avoiding the service of the warrant, and that he had not such notice of the proclamation as aforesaid, it shall be lawful for the Magistrate to order the property attached, or any part thereof, to be sold for the purpose of satisfying all costs incurred in consequence of such attachment, together with the amount of any fine which the Magistrate may impose upon such witness under the provisions of Section 172 of the Indian Penal Code. If the witness shall pay to the Magistrate the costs and fine as aforesaid, the Magistrate shall order the property to be released from attachment.

Section 191 - If he do not obey summons, then warrant

If any person summoned to give evidence shall neglect or refuse to appear at the time and place appointed by the summons, and no just excuse snail be offered for such neglect or refusal, it shall be lawful for the Magistrate,[298] upon proof of the summons having been duly served, to issue a warrant under his hand and seal, to bring such person before him, to testify as aforesaid.

Section 192 - Refusing to answer, may be committed to custody

If any person summoned or brought before a Magistrate shall refuse to answer such questions as shall be put to him, without offering any just excuse for such refusal, the Magistrate may, by warrant, under his hand and seal, commit the person refusing to custody for any term not exceeding seven days, unless he shall, in the meantime, consent to be examined and to answer, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of Section 163 of this Act.

Section 193 - Examination of the complainant and witnesses for the prosecution

The Magistrate shall take the evidence of the complainant, and of such persons as are stated to have any knowledge of the facts which form the subject-matter of the accusation and the attendant circumstances.

Section 194 - To be in the presence of the accused, who may cross-examine

The complainant and the witnesses for the If he do not obey summons, then warrant prosecution shall be examined in the presence of the accused person, or of his Agent[299] when his personal attendance is dispensed, with, and he appears by Agent. The accused or his Agent shall be permitted to cross-examine the complainant and his witnesses.

Section 195 - Mode and language in which the evidence is to be recorded

The evidence of each witness shall be taken down in writing in the language in ordinary use in the District[300]in which the Court is held, by or in the presence and hearing and under the personal direction and superintendence of the Magistrate, and shall be signed by the Magistrate. When the evidence of a witness is given in English, the Magistrate may take it down in that language with his own hand, and an authenticated translation of the same in the language in ordinary use in the District Section. 18.

 in which the Court is held, shall form part of the record. In cases in which the evidence is not taken down in writing by the Magistrate, he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what such witness deposes, and such memorandum shall be written and signed by the Magistrate with his own hand, and shall be annexed to the record. If the Magistrate shall be prevented from making a memorandum, as above required, he shall record the reason of his inability to do so.

Section 196 - Local Government may direct the evidence to be recorded, in the vernacular language of the Magistrate

It shall be competent to the Local Government to direct that, in any District,* or part of a District to which this Act shall extend, or shall hereafter be extended under the provisions of Section 445 of this Act, the evidence of witnesses shall be taken down by the Magistrate with his own hand, in the vernacular language of the Magistrate, unless the Magistrate be prevented by any sufficient reason from taking down the evidence of any witness, in which case he shall record the reason of his inability to do so, and shall cause the evidence to be taken down in writing from his dictation in open Court. The evidence so taken down shall be signed by the Magistrate, and form part of the record. Provided that, if the vernacular language of the Magistrate be not English, or the language in ordinary use in the District[301] in which the Court is held, the Magistrate may be directed by the Local Government to take down the evidence in the English language, or in the language in ordinary use in the District[302] in which the Court is held, instead of his own vernacular.

Proviso

Section 197 - Local Government to decide what is the language in ordinary use in any District

If any question shall arise as to what is the language in ordinary use in any District[303] in which a Court is held, that question shall, for the purposes of this Act, be determined by the Local Government.

Section 198 - How the evidence is to be recorded

The evidence shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative. It shall be in the discretion of the Magistrate to take down, or cause to be taken down, any particular question and answer, if there shall appear any special reason for so doing, or any person who is a prosecutor, or a person accused, or his Counsel or Agent,[304] shall require it. When the evidence is completed, it shall be read over to the witness in the presence of the accused person if in attendance, or of his Agent[305]when his personal attendance is dispensed with, and he appears by Agent,[306] and shall, if necessary, be corrected. If the witness shall deny the correctness of any part of the evidence when the same is read over to him, the Magistrate may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness, and shall add such remarks as he may think necessary. If the evidence be taken down in a different language from that in which it has been given, and the witness does not understand the language in which it is taken down, the witness may require his evidence as taken down to be interpreted to him in the language in which it was given, or in a language which he understands.

Section 199 - Memorandum to be attached to the evidence

A memorandum to be signed by the Magistrate shall be attached to the evidence of each witness, and shall state that the evidence was read over to the witness, in a language which he understood (naming the language), and if the fact is so, that the witness acknowledge such evidence to be correct. When the evidence is not taken down by the Magistrate with his own hand, the memorandum shall further state that the evidence was taken down in the presence and hearing of the Magistrate, and under his personal direction and superintendence.

Section 200 - In what cases evidence to be interpreted to the accused or his agent

If the evidence is given in a language not understood by the accused person, it shall be interpreted to him in open Court, in a language understood by him, in all cases where the accused is present in person. If the accused person appears by Agent,[307] and the evidence is given in a language other than the language in ordinary use in the District[308] in which the Court is held, it shall be interpreted to such Agent+ in that language.

Section 201 - Power of Magistrate at any stage to summon and examine any person

It shall be in the discretion of the Magistrate, at any stage of the proceedings, to summon and examine any person whose evidence he may consider essential to the enquiry.

Section 202 - Examination of defendant

It shall be in the discretion of the Magistrate, from time to time, at any stage of the enquiry, to examine the accused person, and to put such questions to him as he may consider necessary. It shall be in the option of the accused person to answer such questions.

Section 203 - No influence to be used to induce disclosure a

Except as provided in Section 209, no influence, by means of any promise or threat or otherwise, shall be used to the accused person to induce him to disclose or withhold any matter within his knowledge.

Section 204 - Accused person not to be sworn

No oath or affirmation shall be administered to the accused person.

Section 205 - Examination of the accused, how to be recorded

The examination of the accused person, including every question put to him, and every answer given by him, shall be recorded in full, and shall be shown or read to him, and he shall be at liberty to explain or add to his answers ; and when the whole is made conformable to what he declares is truth, the examination shall be attested by the signature of the Magistrate, who shall certify, under his own hand, that it was taken in his presence and in his hearing, and contains accurately the whole of the statement made by the accused person.

Section 206 - Any person attending may be detained for any offence committed by him

Any person attending the Court of the Magistrate, although not upon an arrest or summons on a charge made, may be detained by the Magistrate, for the purpose of examination for any offence which, from the evidence, he may appear to have committed, and may be proceeded against as though he had been arrested, or summoned on a charge made.

Section 207 - Discretionary with the Magistrate to call for evidence for the defense

It shall be at the discretion of the Magistrate to summon any witness who may be offered in behalf of the accused person to answer or disprove the evidence against him.

Section 208 - Sections 179 to 183 to apply to witnesses for defence

The provisions of Sections 179 to 183 (both inclusive) shall be applicable to witnesses named in support of the defence, who may be summoned by the Magistrate.

Section 209 - Magistrate may tender pardon to accomplice

The Magistrate of the District,[309] or other Officer exercising the powers of a Magistrate,[310] and any Subordinate Magistrate duly empowered under Section 38, recording his reason for so doing, may tender a pardon to any one or more of the persons supposed to have been, directly or indirectly, concerned in, or privy to, any offence specified in Column 7 of the second Schedule hereto annexed, as triable by the Court of Session,[311] on condition of his or their making a full, true, and fair disclosure of the whole of the circumstances within his or their knowledge relative to the crime committed, and every other person concerned in the perpetration thereof. If any person accepts a tender of pardon under this section, he shall be examined as a witness in the case under the Rules applicable to the examination of witnesses. Such person, if not on bail, may, if the Magistrate or other Officer as aforesaid thinks proper, be detained in custody pending the termination of the trial.

Section 210 - High Court or Court of Session may direct tender of pardon

The High Court as a Court of reference, in cases tried with the aid of Assessors, and the Court of Session,[312] after committal, but before the commencement of a trial, may, with the view of obtaining on the trial the evidence of any person or persons supposed to have been, directly or indirectly, concerned in, or privy to, any such offence, instruct the Magistrate to tender a pardon on the same condition to such person or persons: the Court of Session+ in like manner and on the same condition may, at any time during a trial, with the view of obtaining on the trial the evidence of any person or persons supposed to have been, directly or indirectly, concerned in, or privy to, any such offence, tender a pardon to such person or persons.

Section 211 - When High Court or Court of session may-direct the commitment of a person to whom a pardon may have been tendered

When a pardon has been tendered under Section 209 or Section 210, if it appears to the Magistrate before the committal, or to the Court of Session[313] at the time of trial, or to the High Court as a Court of reference,[314] that any person who has accepted an offer of pardon has not conformed to the conditions under which the pardon was tendered, either by willfully concealing anything essential, or by giving false evidence or information, such Magistrate or Court may commit or direct the commitment of such person for trial for the offence in respect of which the pardon was so tendered.

Section 212 - Bail not to be taken for certain offences

When bail shall be taken

When any person shall appear to be brought before a Magistrate,[315] accused of any offence entered as not bailable in Column 5 of the Schedule annexed to this Act, such person shall not be admitted to bail if there appear reasonable grounds for believing that he has been guilty of the crime imputed to him; but if the evidence given in support of the accusation shall, in the opinion of the Magistrate, not be such as to raise a strong presumption of the guilt of the accused person, and to require his committal, or such evidence shall be adduced on behalf of the accused person as shall, in the opinion of the Magistrate, weaken the presumption of his guilt, but there shall appear to the Magistrate in either of such cases to be sufficient ground for further enquiry into his guilt, the accused person shall be admitted to bail pending such enquiry.

Section 213 - When may be taken

When any person shall appear or be brought before a Magistrate[316] accused of any of the offences specified in Column 5 of the Schedule annexed to this Act, as bailable, he shall be admitted to bail.

Section 214 - Recognisance of accused and sureties

When a Magistrate[317] shall admit to bail any person accused or suspected of any offence, a recognizance in such sum of money as the Magistrate[318] may think sufficient, shall be entered into by the person so accused, and one or more sureties, conditioned that such person shall attend during the preliminary enquiry, and if required, shall appear when called upon at the Court of Session to answer the charge.

Section 215 - Insufficient bail

If, through mistake or fraud, insufficient bail has been taken, or if the sureties become afterwards insufficient, the accused person may be ordered by the Magistrate[319] to find sufficient sureties, and, in default, may be committed to prison.

Section 216 - Bail may be taken at any time before conviction

If the accused person cannot find sureties when called upon, he shall be admitted to bail upon finding the same at any time afterwards before conviction.

Section 217 - Discharge on bail

After the recognizances shall have been duly entered into, the Magistrate, in case the accused person shall have appeared voluntarily, or shall be in the custody of some Officer, shall thereupon discharge him ; and in case he shall be in some prison or other place of confinement, shall issue a warrant of discharge to the Jailor or other person having him in his custody, and such Jailor or other person shall thereupon liberate him.

Section 218 - Discharge of sureties

The sureties for an accused person may at any time apply to the Magistrate to be discharged from their engagements. On such an application being made, the Magistrate shall issue his warrant, directing that such person be brought before him. On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the recognizances of the sureties to be discharged, and shall call upon such person to find other sureties, and, in default, may order him to be committed to prison.

Section 219 - Proceedings to compel payment of penalty by accused

Whenever, by reason of default of appearance of the person executing the personal recognizance, the Magistrate shall be of opinion that proceedings should be had to compel payment of the penalty mentioned in the recognizance, he shall proceed to enforce the penalty by the attachment and sale of the moveable[320]property belonging to such person, which may be found within the jurisdiction of the Magistrate of the District,[321]

Section 220 - Proceedings to compel payment of penalty by sureties

Whenever, by reason of default of appearance by the person bailed, the Magistrate shall be of opinion that proceedings should be had to compel payment of the penalty mentioned in the recognizance of the surety or sureties, he shall give notice to the surety or sureties to pay the same, or to show cause why it should not be paid ; and if no sufficient cause be shown, the Magistrate shall proceed to recover the penalty from such surety or sureties by the attachment and sale of any moveable[322] property belonging to such surety or sureties which may be found within the jurisdiction of the Magistrate of the District,[323] and if the penalty be not paid, and cannot be recovered by such attachment and sale, such surety or sureties shall be liable to confinement, by order of the Magistrate, in the Civil Jail, during a period not exceeding six months.

Section 221 - In what cases the powers given by Sections 219, 220 may be exercised

The powers given by Sections 219 and 220 may be exercised by every Criminal Court[324] in every case in which a personal recognizance or bail has been given for the appearance of a party or witness, if default is made by the non-appearance of such party or witness before such Court according to the conditions of such recognizance or bail: Provided that the Magistrate or Court may at his or its discretion remit any portion of the penalty mentioned in the personal recognizance or in the recognizance of the surety or sureties, and enforce payment in part only: all orders passed by any Magistrate under this Section or Sections 219 or 220 shall be subject to revision by the Magistrate of the District.

Section 222 - Warrant of commitment, how to be directed, &c

Every warrant for the commitment of a person to custody shall be in writing, and signed and sealed by the Judge or Magistrate who issues it, and shall be directed to some Jailer, or other officer or person having authority, to receive and keep prisoners, and shall be in the form (C) given in the Appendix to the said Code or to the like effect.

Section 223 - With whom to be lodged

The warrant of commitment shall be lodged with the Jailer, if he be in the Jail; and if he be not in the Jail, with his deputy. If the Jailer has no deputy, the warrant may be lodged with any Officer of the Jail then being in the Jail.

Section 224 - When Magistrate may adjourn the enquiry

If from the absence of a witness, or from any other reasonable cause, it shall become necessary or advisable to defer the examination, or further examination, of witnesses, it shall be lawful for the Magistrate, by a written order, from time to time, to adjourn the enquiry, and to remand the accused person for such time as shall be deemed reasonable, not exceeding fifteen days: Provided that, instead of detaining the accused person in custody during the period for which he shall be so remanded, the Magistrate may discharge him, upon his entering into a recognizance, with or without a surety or sureties, at the discretion of such Magistrate, conditioned for his appearance before the Magistrate at the time and place appointed for the continuance of such examination.

Section 225 - When accused person to be discharged

When a Magistrate finds that there are not sufficient grounds for committing the accused person to take his trial before the Court of Session,[325] or for remanding him, he shall discharge him, unless it shall appear to the Magistrate that such person should be put on his trial before himself, in which case he shall proceed under Chapter[326] XIV. of this Act.

Section 226 - When defendant to be committed for trial

When evidence has been given before a Magistrate,[327] which appears to be sufficient for the conviction of the accused person of an offence which is triable exclusively by the Court of Session,[328] or which, in the opinion of the Magistrate,[329] is one that ought to be tried by the Court of Session,[330] the accused person shall be sent for trial by the Magistrate* before the Court of Session.[331] If the Magistrate[332] is a Justice of the Peace, and the accused person is a European British subject, he shall be sent for trial before the Supreme Court of Judicature.[333]

Section 226A - When accused appears to have been insane

When, from the evidence given before a Magistrate, there appears to be sufficient ground for believing that the accused person committed an act which, if he had been of sound mind, would have been an offence triable exclusively by the Court of Session,[334] and that he was at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act charged, or that he was doing what was wrong or contrary to law,[335] he shall be sent for trial by the Magistrate before the Court of Session. If the Magistrate is a Justice of the Peace, and the accused person is a European British subject, such person shall be sent for trial before the High Court.

Section 227 - Copy of charge to be furnished to accused person

As soon as the charge on which the accused person is to be tried, has been prepared as hereinafter[336]directed, it shall be read to him, and a copy or translation of it shall be furnished to him, if he require it. The accused person shall be required at once to give in, orally or in writing, a list of witnesses whom he may wish to be summoned to give evidence on his trial before the Court of Session[337] or Supreme Court. It shall be in the discretion of the Magistrate to allow the accused person to give in any further list of witnesses at a subsequent time. The Magistrate shall receive the list, and summon the witnesses to appear before the Court before which the accused person is to be tried. The provisions of Sections 187, 188, 189, 190, 191, and 192, so far as they relate to the attendance of witnesses, shall be applicable to witnesses named by the accused person in the list above mentioned.

Section 228 - Magistrate may refuse to summon unnecessary-witness, unless a deposit be made to defray the expenses of such witness

If the Magistrate shall be of opinion that any witness is included in the list for the purpose of vexation or delay, or of defeating the ends of justice, he may require the accused person to satisfy him that there are reasonable grounds for believing that such witness is material; and it the Magistrate be not so satisfied, he shall not be bound to summon the witness unless such a sum shall be deposited with the Magistrate as he shall consider necessary to defray the expense of obtaining the attendance of the witness.

Section 229 - Record to be forwarded to the Superior Court

When a commitment is made to the Court of Session,[338] the record of the Magistrate shall be forwarded to such Court, together with any weapon or other article of property connected with the case. When a commitment is made to the Supreme Court of Judicature,[339] such record and such weapon or other article shall be forwarded to the Clerk of the Crown, and if any part of such record shall not be in the English language, a translation thereof in the English language shall be forwarded therewith.

Section 230 - Copies of depositions to be furnished to accused

When the preliminary enquiry is concluded, the accused person shall, if he demands them at a reasonable time before the trial, be furnished with copies of the depositions, which shall be made at his expense.

Section 231 - When commitment is made, Magistrate to give notice to Government Pleader, &c

When the accused person is committed to take his trial before the Court of Session,[340] the Magistrate shall issue an order to the Government Pleader, or other Officer appointed by the Government to conduct prosecutions before the Court of Session,[341] notifying such commitment, and stating the offence in the same Form as the charge. . Nothing in this Section shall preclude the Magistrate, if he shall think fit, from appointing a person other than such Government Pleader or Officer to conduct the prosecution.

Section 232 - Recognisances of prosecutors and witnesses

Prosecutors and witnesses for the prosecution, whose attendance may be necessary before the Court of Session,[342] shall execute before the Magistrate recognizances in the Form (E) given in the Appendix, or to the like effect, to be in attendance when called upon at the Court of Session,[343] to prosecute or to give evidence, as the case may be. If any prosecutor or witness shall refuse to attend before the Court of Session,[344] or to execute the recognizance above directed, it shall be competent to the Magistrate to detain such prosecutor or witness in custody, until he shall execute such recognizance, or until the time when his attendance at the Court of Session[345] is required, when the Magistrate shall forward such prosecutor or witness under custody to the Court of Session.[346]

Section 233 - What the charge is to contain

When the Magistrate has determined to send the accused person before the Court of Session[347] for trial, he shall make a written[348] instrument under his hand and seal, declaring with what offence the accused person is charged, and shall direct the accused person to be tried by such Court on such charge. A copy of this instrument shall be forwarded with the record of the preliminary enquiry to the Court of Session[349] before which the accused person is to be tried, and a copy shall also be sent to the Public prosecutor or to the Officer appointed to conduct the prosecution. See also S. 227.

Section 234 - How the offence is to be described

The charge shall describe the imputed offence as nearly as possible in the language of the Indian Penal Code, and shall refer to the Section under which such offence is punishable.

Section 235 - Absence of General Exceptions tinder the Penal Code to be assumed

It shall not be necessary to allege in the charge any circumstances for the purpose of showing that the case does not come, nor shall it be necessary to allege that the case does not come, within any of the General Exceptions contained in Chapter IV.[350] of the Indian Penal Code, but every charge shall be understood to assume the absence of all such circumstances.

Section 236 - Evidence as to General Exception

It shall not be necessary at the trial, on the part of the prosecutor, to prove the absence of such circumstances in the first instance ; but the accused person shall be entitled to give evidence of the existence of any such circumstances, and evidence in disproof thereof may then be given on the part of the prosecutor.

Section 237 - Special ground of exception from absence of circumstances not to be assumed

When the Section referred to in the charge contains an exception not being one of such General Exceptions, the charge shall not be understood to assume the absence of circumstances constituting such exception so contained in the Section, without a distinct denial of the existence of such circumstances.

Section 238 - Charge may contain one or more heads

The charge may contain one or more heads.

Section 239 - Heads of charge

When a charge contains one head only, the form shall be as follows, or to the same effect:--

(a)        --I, A [Name and Office of Magistrate, &c], declare that there is hereby made against Z the charge--

(b)        --That he, on or about the day of at, waged war against the Queen, and that he has thereby committed an offence punishable under Section 121 of the Indian Penal Code,

(c)        and within the cognizance of the Court of Session.

(d)        --And I hereby direct that Z be tried by the said Court on the said charge.

[Signature and Seal of the Magistrate.]

To be substituted for (b).

(2) That he, on or about the day of at, with the intention of inducing the Honorable A. B., a Member of the Council of the Governor-General of India, to refrain from exercising a lawful power as such Member, assaulted such Member, and that he has thereby committed an offence punishable under Section 124 of the Indian Penal Code, and within the cognizance of the Court of Session.

(3) That he, being a public servant in the Department, directly accepted from [state the name] for another party [state the name] a gratification, other than legal remuneration, as a motive for his, the said Z's, forbearing to do an official act, and that he has thereby committed an offence punishable under Section 161 of the Indian Penal Code, and within the cognizance of the Court of Session.

(4) That he, on or about the day of at, committed culpable homicide not amounting to murder, causing the death of, and that he has thereby committed an offence punishable under Section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.

(5) That he, on or about the day of at, abetted the commission of suicide by A. B., a person in a state of intoxication, and that he has thereby committed an offence punishable under Section 306 of the Indian Penal Code, and within the cognizance of the Court of Session.

(6) That he, on or about the day of at, voluntarily caused grievous hurt to, and that he has thereby committed an offence punishable under Section 325 of the Indian Penal Code, and within the cognizance of the Court of Session.

(7) That he, on or about the day of at, committed robbery, and that he has thereby committed an offence punishable under Section 392 of the Indian Penal Code, and within the cognizance of the Court of Session.

(8) That he, on or about the day of at, committed dacoity, and that he has thereby committed an offence punishable under Section 395 of the Indian Penal Code, and within the cognizance of the Court of Session.And the same form shall be followed, as nearly as may be, in charges with one head only, under other Sections of the Indian Penal Code.

Section 240 - Charges in cases falling within two or more Sections of the Penal Code

When it appears to the Magistrate that the facts which can be established in evidence show a case falling within two or more Sections of the Indian Penal Code, the charge shall contain two or more heads, each of which shall be applicable to one of such Sections.

Section 241 - Two or more offences punishable under the same Section

When it appears to the Magistrate that the facts which can be established in evidence show the commission of two or more offences falling within the same Section of the Indian Penal Code, the charge shall contain two or more heads charging such offences respectively

Section 242 - Cases of doubt as to the Section which is applicable, or the offence which may be proved

When it appears to the Magistrate that the facts which can be established in evidence show a case falling within some one of two or more Sections of the Indian Penal Code, but it is doubtful which of such Sections will be applicable, or show the commission of one of two or more offences falling within the same Section of the said Code, but it is doubtful which of such offences will be proved, the charge shall contain two or more heads, framed respectively under each of such Sections, or charging respectively each of such offences accordingly.

Section 243 - Forms of charge of more than one head

When a charge contains more heads than one, the form shall be as follows, or to the same effect:--

I, A [name and office of Magistrate or other Officer* as aforesaid, &c.], declare that there is hereby made against Z the charge:

First:--That he, on or about the________________ day of at, knowing a coin to be counterfeit, delivered the same to another person, by name A. B., as genuine, and that he has thereby committed an offence punishable under Section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly:--That he, on or about the day of at, knowing a coin to be counterfeit, attempted to induce another person, by name A. B., to receive it as genuine, and that he has thereby committed an offence punishable under Section 242 of the Indian Penal Code, and within the cognizance of the Court of Session.

And I hereby direct that Z be tried by the said Court on the said charge.

[Signature and Seal of the Magistrate.]

First:--That he, on or about the day of at, committed murder by causing the death of___________, and that he has thereby committed an offence punishable under Section 302 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly:--That he, on or about the day of at, by causing the death of, committed culpable homicide, and that he has thereby committed an offence punishable under Section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.

First;--That he, on or about the day of at, committed theft, and that he has thereby committed an offence punishable under Section 379 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly:--That he, on or about the day of at, committed theft, having made preparation for causing death to a person, in order to the committing of such theft, and that he has thereby committed an offence punishable under Section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Thirdly:--That he, on or about the day of at, committed theft, having made preparation for causing restraint to a person, in order to the effecting of his escape after the committing of such theft, and that he has thereby committed an offence punishable under Section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Fourthly:--That he, on or about the day of at, committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft, and that he has thereby committed an offence punishable under Section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

And the same form shall be followed, as nearly as may be, in charges with more heads than one, under other Sections of the Indian Penal Code.

Section 244 - Amendment of charge

It shall be competent to any Court before which a trial is held, at any stage of the trial, to amend or alter the charge.

Section 245 - When the trial may be immediately proceeded with after amendment

If the amendment or alteration is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused person in his defence, it shall be at the discretion of the Court, after making the amendment or alteration, to proceed with the trial as if. the amended charge had been the original charge.

Section 246 - When a new trial may be ordered or trial suspended

If the amendment or alteration is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused person in his defence, the Court may either direct a new trial, or suspend the trial for such period as may be necessary to enable the accused person to make his defence to the amended or altered charge; and, after hearing his defence, may further adjourn the trial, to admit of the appearance of any witness whose evidence the Court may consider to be material to the case, or whom the accused person may wish to be summoned in his defence.

Section 247 - Defendant may recall and examine witnesses already examined

In all cases of amendment or alteration of a charge, the accused person shall be allowed to recall and examine any witness who may have been examined.

Section 248 - Cases in which Magistrate may issue a warrant

When a complaint is made before a Magistrate having jurisdiction in the case, that any person has committed, or is suspected to have committed, any offence triable by such Magistrate and punishable with imprisonment for a period exceeding six months, such Magistrate may issue his warrant to arrest such person: provided that in any such case the Magistrate to whom the complaint is made may, for any sufficient reason, instead of issuing his warrant in the first instance, issue his summons, requiring the person complained against to appear to answer such complaint.

Section 249 - Issue of process, &c

The provisions of Sections 180 to 206 (both inclusive) and of Sections 212 to 221 (both inclusive) and of Section 224 shall be applicable to cases tried under this Chapter; on completing the examination of a witness under this Section, the Magistrate, in addition to the memorandum required by Section 199, shall record such remarks as he may think material respecting the demean our of any witness while under examination.

Section 250 - Charge

When the evidence of the complainant and of the witnesses for the prosecution, and such examination of the accused person as the Magistrate shall consider necessary, have been taken, the Magistrate, if he find that no offence has been proved against the accused person, shall discharge him. It the Magistrate find that an offence is apparently proved against the accused person which falls within the definition in a certain Section of the Indian Penal Code, or within one or other of the definitions in several Sections of the said Code, he shall prepare in writing a charge against the accused person in the manner prescribed in Chapter XIII.[351] of this Act, all the provisions of which shall be applicable to charges prepared under this Section. In charges prepared under this Section the words "within my cognizance" shall be substituted for the words "within the cognizance of the Court of Session" at the end of the charge, and the words " by the said Court" omitted in the order.

Section 251 - Plea

The charge shall then be read to the accused person, and he shall be asked whether he is guilty or has any defence to make.

Section 252 - Plea of claim to be tried

If the accused person have any defence to make to the charge, he shall be called upon to enter upon the same, and to produce his witnesses if in attendance, and shall be allowed to recall and cross-examine the witnesses for the prosecution.

Section 253 - Evidence for the defence

The Magistrate shall summon any witness, and examine any evidence that may be offered in behalf of the accused person, to answer or disprove the evidence against him, and may, for this purpose, at his discretion, adjourn the trial from time to time, as may be necessary.

Section 254 - Witnesses for the defence

The provisions of Sections 187, 188, 189, 190, 191, and 192 of this Act shall be applicable to witnesses named in support of the defence.

Section 255 - Acquittal or conviction

If the Magistrate shall find the accused person not guilty, he shall record judgment of acquittal. If the accused person is convicted, the Magistrate shall pass sentence upon him according to law.

Section 256 - How the Magistrate is to proceed when, after commencement of trial, he finds the case beyond his Jurisdiction

In any trial before a Magistrate, in which it may appear at any stage of the proceedings that from any cause the case is one which the Magistrate is not competent to try, or which, in the opinion of such Magistrate, ought to be tried by the Court of Session, the Magistrate shall stop further proceedings under this chapter, and shall proceed in accordance with Chapter XII. of this Act for conducting the preliminary enquiry in cases triable by the Court of Session.

Section 257 - Cases in which summonses shall issue

When a complaint is made before a Magistrate having jurisdiction in the case, that any person has committed or is suspected to have committed any offence triable by such Magistrate, and punishable with fine only, or with imprisonment for a period not exceeding six months, the Magistrate may issue his summons directed to such person, requiring him to appear at a certain time and place before such Magistrate to answer to the complaint.

When warrant may issue

Provided that, if the Magistrate is satisfied or has reason to believe that the accused person is about to abscond, he may, instead of issuing a summons, issue his warrant in the first instance for the arrest of such person.

Section 258 - Defendant may be admitted to bail or allowed to be at large upon personal recognizance

If, upon the day appointed, the accused person shall appear voluntarily in obedience to the summons in that behalf served upon him, or shall be brought before the Magistrate by virtue of a warrant, it shall be at the discretion of the Magistrate to admit the accused person to bail, or allow him to be at large upon his personal recognizance, as the Magistrate may direct. If the accused person cannot give bail when required to do so, he shall be committed to custody.

Section 259 - Non-appearance of complainant

If, upon the day appointed for the appearance of the accused person, or any day subsequent thereto on which the case may be called on, the complainant does not appear, the Magistrate shall dismiss the complaint, unless for some reason he shall think proper to adjourn the hearing of the same to some other day, upon such terms as he shall think fit.

Section 260 - If Summons obeyed, warrant

If the person served with a summons shall not appear before the Magistrate at the time mentioned in such summons, and the Magistrate shall be satisfied that such summons was duly served in what shall be deemed by the Magistrate to be a reasonable time before the time therein appointed for appearing to the same, or if it shall appear to the Magistrate that, after due diligence, the summons could not be served according to the provisions of this Act, the Magistrate may issue his warrant to apprehend the accused person.

Section 261 - Magistrate may dispense with personal attendance of accused

The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of the person complained against, and permit him to appear by an Agent duly authorized to act in his behalf. Provided that it shall be at the discretion of the Magistrate at any stage of the proceedings to direct the personal attendance of such person. When the personal attendance of the accused person during the trial has been dispensed with, the sentence of the Magistrate, if the sentence be for fine only, may be pronounced in the presence of the Agent, if the accused person has been permitted to appear by Agent, or the accused person may be required to attend to hear such sentence.

Section 262 - Summons to witness to attend and give evidence

If it appear to the Magistrate that any person is likely to give material evidence on behalf of the complainant or the accused person, and that such person will not voluntarily appear for the purpose of being examined as a witness at the time and place appointed for the hearing of such complaint, the Magistrate shall issue his summons to such person under his signature and seal, requiring him to appear at a time and place mentioned in the summons, to testify what he knows concerning the matter of the complaint.

Section 262A - Examination of accused

The Magistrate may examine the accused person subject to the provisions of Sections 202, 203, 204, and 205.

Section 263 - Magistrate may summon necessary evidence

It shall be at the discretion of the Magistrate, at any stage of the trial, to summon and examine any witness whose evidence he may consider essential to the just decision of the case. The Magistrate may also examine as a witness any person in attendance, although not summoned as a witness.

Section 264 - Application of previous rules

The provisions of Sections 187, 188, 189, 190, 191, and 192 shall be applicable to witnesses summoned according to the provisions of Sections 262 and 263 of this Act.

Section 265 - Admission by accused of truth of complaint

On the appearance of both parties on the day fixed for the trial, the substance of the complaint shall be stated to the accused person, and he shall be asked if he has any cause to show why he should not be convicted. If the accused person admit the truth of the complaint, and show no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly.

Section 266 - Proceeding when no such admission is made

If the accused person do not admit the truth of the complaint, the Magistrate shall proceed to hear the complainant and such witnesses as he may produce in support of his complaint, and also to hear the accused person and such witnesses as he shall produce in his defence.

Section 267 - How the evidence is to be recorded

The Magistrate shall make a memorandum of the substance of the evidence of each witness, as the examination of the witness proceeds. The memorandum shall be written and signed by the Magistrate with his own hand, and shall form part of the record. If the Magistrate shall be prevented from making a memorandum as above required, he shall record the reason of his inability to do so, and shall cause such memorandum to be made in wilting from his dictation in open Court, and shall sign the same, and such memorandum shall form part of the record. The Magistrate shall record such remarks as he shall think material respecting the demeanour of any witness whilst under examination.

Section 268 - Manner of recording evidence in certain cases

In any case in which the Magistrate shall consider it necessary, it shall be competent to him, instead of taking down merely the substance of the evidence of any witness, to take down the evidence of the witness in the manner provided in Section 195, or in the manner provided by Section 196 of this Act, if within the jurisdiction of such Magistrate the Local Government shall have made an order as provided in that Section. In any such case the provisions of Sections 199 and 200 shall be applicable to the evidence so taken.

Section 269 - Adjournment

Before or during the hearing of any complaint, it shall be lawful for the Magistrate to adjourn the hearing of the same to a day to be then appointed and stated in the presence and hearing of the party or parties ; and if on the day to which such hearing or such further hearing shall have been so adjourned, the accused person shall not appear, the Magistrate may issue his warrant for the arrest of such person ; and if the complainant shall not appear, the Magistrate may dismiss the complaint.

Section 270 - Compensation in cases of frivolous or vexatious complaints

Whenever the Magistrate dismisses the complaint as frivolous or vexatious, he may in his discretion, by his order of dismissal, award that the complainant shall pay to the accused person such compensation, not exceeding fifty Rupees, as to such Magistrate seems just and reasonable: in such cases, if more persons than one are accused, the Magistrate may in like manner award compensation not exceeding fifty Rupees to each of them: 

Recovery of such, compensation

the sum so awarded shall be recoverable by distress and sale of the moveable[352] property belonging to the complainant, which may be found within the jurisdiction of the Magistrate of the District,[353] and in default of such distress, by imprisonment of the complainant in the Civil Jail, for any time not exceeding thirty days, unless such sum shall be sooner paid.

Section 271 - Magistrate may permit withdrawal of the complaint

If a complainant, at any time before a final order is passed in any case under this Chapter, shall satisfy the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint, the Magistrate may permit such complainant to withdraw such complaint. A complaint withdrawn under this Section shall not again be entertained.

Section 272 - Acquittal or conviction

If the Magistrate in any case tried under this Chapter shall find the accused person not guilty, he shall record a judgment of acquittal. If the accused person is convicted, the Magistrate shall pass sentence upon him according to law.

Section 273 - Reference of cases to Subordinate Magistrate

Criminal cases brought before the Magistrate of the District[354] or a Magistrate in charge of a division of a District,[355] either on complaint preferred directly to such Magistrate, or on the report of a Police Officer, may be referred by such Magistrate to any Magistrate subordinate to him. The reference shall be for enquiry, or for trial if the offence be triable by such Subordinate Magistrate, or with a view to commitment to the Court of Session,[356] if such Magistrate is competent to commit to the Court of Session,[357] or with a view to commitment to the Supreme Court of Judicature,[358] if such Subordinate Magistrate is competent to commit to such Supreme Court.[359]

Proviso

Provided that nothing in this Section shall prevent any Subordinate Magistrate from entertaining, either on complaint preferred directly to such Magistrate, or on the report of a Police Officer (in cases in which the Subordinate Magistrate is authorized to receive such report), any case that such Magistrate is, by any law for the time being in force, competent to entertain.

Section 274 - Cases, how to be referred

When a Criminal case is referred under this Chapter to a Subordinate Magistrate, the order of reference, if the case has been brought forward on the report of a Police Officer, shall be recorded on such report, and all processes issued for causing the attendance of the accused person or the witnesses shall direct them to attend before such Court.

Section 275 - Subordinate Magistrates to follow the same rules of procedure as the Magistrate

In the enquiry into or trial of cases under this Chapter the subordinate Magistrates shall be guided by the rules prescribed for the guidance of the Magistrate of the District[360] in similar cases; and Police Officers and others shall be bound to obey all orders and processes issued in such cases in like manner as if such orders or processes had been issued by the Magistrate of the District.[361]

Section 276 - Procedure of Subordinate Magistrate in cases beyond his jurisdiction

If, in the course of a trial before a Subordinate Magistrate, the evidence appears to him to warrant a presumption that the accused person has been guilty of an offence which such Magistrate is not competent to try, or for which he is not competent to commit the accused person for trial, he shall stay proceedings and submit the case to the Magistrate to whom he is subordinate, or to such other Magistrate having jurisdiction as the Magistrate of the District[362] may direct. The Magistrate to whom the case is submitted shall either try the case himself or refer it to any Officer subordinate to him having jurisdiction, or he may commit the accused person for trial. In any such case such Magistrate or other Officer as aforesaid shall examine the parties and witnesses, and shall proceed in all respects as if no proceedings had been held in any other Court. But any statement or confession duly made by an accused person in the course of the trial before the subordinate Magistrate shall be admissible as evidence.

Section 277 - In what cases Subordinate Magistrate shall not pass sentence, but may refer case to the Magistrate

If in any case tried by a Subordinate Magistrate having jurisdiction, in which the accused person is found guilty, such Magistrate shall consider the offence established against the accused person to call for a more severe punishment than he is competent to adjudge, he shall record the finding and submit his proceedings to the Magistrate[363] to whom he is subordinate, and such Magistrate shall pass such sentence or order in the case as he may deem proper, and as shall be according to law.

How the Magistrate is to proceed in such cases

In any such case the Magistrate to whom the proceedings are submitted may examine the parties, and recall and examine any witness who shall already have given evidence in the case, and he may call for or take any further evidence.

Section 278 - Subordinate Magistrate. if empowered to do so, may, instead of convicting the accused, commit him for trial before the Court of Session

Nothing in the last preceding Section shall be held to prevent the Subordinate Magistrate in any such case as is therein described, if such Magistrate is empowered[364] to hold the preliminary enquiry into cases triable by the Court of Session,[365] and to commit persons to take their trial before such Court, from committing the accused person for trial before the Court of Session[366] instead of finding him guilty.

Mode of procedure in such cases

If the Subordinate Magistrate shall be of opinion that the accused person should be committed for trial before the Court of Session,[367] he shall proceed in accordance with Chapter XII.[368] of this Act, for conducting the preliminary enquiry in cases triable by the Court of Session,[369]

Section 279 - Place where investigation made, an open Court

The place in which the Court of a Magistrate is held for the trial of any complaint, or for the purpose of conducting any preliminary investigation into any case triable by a Court of Session[370] or Supreme Court of Judicature,[371] or any Superior Court, shall be deemed an open and public Court to which the public generally may have access, so far as the same can conveniently contain them; but it shall be lawful for any such Court, if it shall think fit, to order that, during the investigation into any particular case triable by a Court of Session,[372] or by a Supreme Court of Judicature,[373] no person shall have access to or be or remain in such room or building without the consent or permission of the Court.

Section 280 - Personal recognizance to keep the peace in cases of conviction

Whenever a person charged with rioting[374] assault,[375] or other breach[376] of the peace, or with abetting the same, or with assembling[377] armed men, or taking other unlawful measures with the evident intention of committing the same, is convicted of such charge before any Court of Session, or the Magistrate of the District,[378] or a Magistrate in charge of a division of a District,[379] or other officer exercising the powers of a Magistrate,[380]

and the Court or Magistrate or other officer as aforesaid by which or by whom the accused person is convicted, or the Court or Magistrate or other officer as aforesaid by which or by whom the final sentence or order in the case is passed, is of opinion that it is just and necessary to require a personal recognizance for keeping the peace from the person so convicted,

the Court or Magistrate or other officer as aforesaid so convicting the accused person, or so passing the final sentence or order as aforesaid, may, in addition, direct that the person so convicted be required to execute a formal engagement,[381] in a sum proportionate to his condition in life and the circumstances of the case, for keeping the peace during such period as it may appear proper to fix in each instance, not exceeding one year if the sentence or order be passed by a Magistrate, or three years if the sentence or final order be passed by a Court of Session:

If the accused person be sentenced to imprisonment, the period for which he may be required to execute a recognizance shall commence when he is released.

Where the convicting officer has not the powers of a Magistrate

When any accused person is convicted of any offence specified in this section by an officer not exercising the powers of a Magistrate, such officer, if he consider it just and necessary to require a personal recognizance for keeping the peace from the person so convicted, shall report the case to the Magistrate of the District, or other Officer exercising the powers of a Magistrate to whom such Officer may be subordinate, who shall deal with the case as if the conviction had been before himself.

Section 281 - Security to keep the Peace

In cases in which it may appear necessary to require security[382] for keeping the peace, in addition to the personal[383] recognizance of the party so convicted, it shall also be lawful to the Court or Magistrate or other Officer as aforesaid, empowered to require a penal recognizance under the last preceding Section, to require security in addition thereto, and to fix the amount of the security-bond to be executed by the surety or sureties; with a provision that, if the same be not given, the party required to find the security shall be kept in custody for any time not exceeding one year if the order be passed by the Magistrate of the District[384] or other Officer exercising the powers[385] of a Magistrate, or three years if the order be passed by the SudderCourt or by a Court of Session.[386]

Section 282 - Summons to any person to show cause why he should not enter into a bond to keep the Peace

It shall be lawful for the Magistrate of the District or other Officer exercising the powers[387] of a Magistrate, whenever he shall receive credible information that any person, whether a European British subject or not, is likely to commit a breach of the peace, or to do any act that may probably occasion a breach of the peace, to summon such person to attend at a time and place mentioned in the summons, to show cause why he should not be required to enter into a bond to keep the peace with or without sureties, as such Magistrate shall think fit.

Section 283 - Form of Summons

The summons shall set forth the substance of the information, the amount of the bond, and the term[388] for which it is to be in force, and if security is called for, the number of sureties required, and the amount in which they are to be bound respectively. Such summons shall be served in the manner provided by this Act[389]for the service of a summons on an accused person.

Section 284 - Penalty

The penalty of such bond, which shall be in the form (D) given in the Appendix, or to the like effect, shall be fixed with a due regard to the circumstances of the case and the means of the party; and the amount in which the sureties shall be bound shall not exceed the said penalty.

Section 285 - Warrant of arrest

If the person summoned shall not attend on the day appointed, the Magistrate[390] or other Officer as aforesaid,[391] if satisfied that the summons has been duly served, may issue a warrant for his arrest. Provided that, whenever it shall appear to the Magistrate or other Officer as aforesaid, upon the Report of a Police Officer, or upon other credible information, the substance of which report or information shall be recorded, that there is just reason to fear the commission of a breach of the peace, which may probably be prevented by the immediate arrest of any person, it shall be lawful for the Magistrate at any time to issue a warrant for the arrest of such person.

Section 286 - Magistrate may dispense with personal attendance of party informed against

The Magistrate[392] or other Officer as aforesaid[393] may, if he see sufficient cause, dispense with the personal attendance of the person informed against, and permit him to appear and enter into the required security, or show cause against such requisition, by an agent duly authorized to act in his behalf.

Section 287 - Discharge of party informed against

If, on the appearance of the person, or of his agent if he is permitted to appear by agent, the Magistrate[394] or other Officer as aforesaid[395] shall not be satisfied that there is occasion to bind such person to keep the peace, he shall direct his discharge.

Section 288 - Consequence of not complying with order of Magistrate to enter into a bond

If the Magistrate[396] or other Officer as aforesaid[397] shall be satisfied that it is necessary for the preservation of the peace to take a bond from such person with or without security, he shall make an order accordingly; and if the person shall fail to comply with the order, it shall be lawful for the Magistrate+ or other Officer as aforesaid[398] to commit him to Jail.

Section 289 - Limit for confinement

The period for which the Magistrate[399] or other Officer as aforesaid[400] may bind a person to keep the peace with or without security, shall not exceed one year. When a person shall be committed to Jail under the last preceding Section, he shall not be detained by authority of the Magistrate[401] or order of Officer as aforesaid[402]beyond the term of one year, and shall be released whenever he shall comply with the order within that term.

Section 290 - Extension of period of confinement

Whenever it shall appear to the Magistrate+ or other Officer as aforesaid[403] that it is necessary for the preservation of the peace to bind a person beyond the term of one year, he may, before the expiration of the first year, record his opinion to that effect, and the grounds thereof, and may refer the case for the orders of the Court of Session,[404] and such Court, after examining the proceedings of the Magistrate[405] or other Officer as aforesaid,[406] and making such further enquiry as such Court may think necessary, may, if it shall see cause, authorize the Magistrate[407] or other Officer as aforesaid[408] to extend the term for a further period not exceeding one year, and if the party shall fail to give a bond, with security if required, for his keeping the peace for such further period as the Magistrate[409] or other Officer as aforesaid shall direct under the orders of the Court of Session,[410] he may be kept in confinement for such further period, or until he shall give such bond within that period.

Section 291 - Discharge of recognisances

The Magistrate[411] or other Officer as aforesaid[412] may, if he shall see sufficient cause, discharge any recognizance and surety for keeping the peace taken under the preceding Sections, and may order the release of the person confined for default in entering into such recognizance or giving such security.

Section 292 - Discharge of sureties

A surety for the personal appearance of another person may at any time apply to the Magistrate[413] or other Officer as aforesaid[414] to be relieved from his engagement as surety. On such application being made, the Magistrate shall issue his summons or warrant, in order that the person for whom such surety is bound may appear or be brought before him. On the appearance of the person to such warrant, or on his voluntary surrender, the Magistrate or other Officer as aforesaid shall direct the engagement of the surety to be cancelled, and shall call upon such person to give fresh security, and in default thereof shall commit him to custody.

Section 293 - Enforcement of penalty against the principal party

Whenever it may be proved before the Magistrate[415] or other Officer as aforesaid[416] that any recognizance or other bond taken under this Chapter has been forfeited, he shall record the grounds of such proof, and shall call upon the person bound by the bond to pay the penalty thereof, or to show cause why it should not be paid ; and if sufficient cause be not shown, and the penalty be not paid, the Magistrate[417] or other Officer as aforesaid[418] shall proceed to recover the same by the attachment and sale of any of the moveable[419] property belonging to the person bound thereby, which shall be found within the jurisdiction of the Magistrate[420] of the District, and if the penalty be not paid, and cannot be recovered by such attachment and sale, the party shall be liable to imprisonment by order of the Magistrate[421] or other Officer as aforesaid[422] in the Civil Jail for a period not exceeding six months.

Section 294 - Recovery of penalty from surety

Whenever it may be proved before the Magistrate[423] or other Officer as aforesaid[424] that any bond with a surety has been forfeited, the Magistrate or other Officer as aforesaid may at his discretion give notice to the surety to pay the penalty to which he has thereby become liable, or to show cause why it should not be paid; and if no sufficient cause be shown, and the penalty be not paid, the Magistrate or other Officer as aforesaid may proceed to recover payment of the penalty from such surety in the same manner as from the principal party.

Section 295 - When Magistrate may require security for good behaviour for six months

Whenever it shall appear to the Magistrate of the District,[425] or to an Officer exercising the powers[426] of a Magistrate, that any person is lurking within his jurisdiction not having any ostensible means of subsistence, or who cannot give a satisfactory account of himself, it shall be competent to such Magistrate or other Officer as aforesaid to require security for the good behaviour of such person for a period not exceeding six months.

Section 296 - When Magistrate may require security for good behaviour for one year

Whenever it shall appear to such Magistrate[427] or other Officer as aforesaid,[428] from the evidence as to general character adduced before him, that any person is by repute a robber, housebreaker, or thief, or a receiver of stolen property, knowing the same to have been stolen, or of notoriously bad livelihood, it shall be competent to such Magistrate[429] or other Officer as aforesaid,[430] to require security for the good behaviour of such person for a period not exceeding one year.

Section 297 - How to proceed in cases beyond one year

Whenever it shall appear to such Magistrate[431] or other Officer as aforesaid,[432] from the evidence as to general character adduced before him, that any person is by habit a robber, housebreaker, or thief, or a receiver of stolen property, knowing the same to have been stolen, or of a character so desperate and dangerous as to render his release, without security, at the expiration of the limited period of one year, hazardous to the community, the Magistrate[433] or other Officer as aforesaid,[434] shall record his opinion to that effect, with an order specifying the amount of security which should, in his judgment, be required from such person, as well as the number of sureties, and the period, not exceeding three years, for which the sureties should be responsible for such person's good behaviour.

Section 298 - Case to be laid before the Court of Session

If the person required to furnish security, as provided in the last preceding Section, shall not furnish the security so required, the proceedings shall be laid, as soon as conveniently may be, before the Court of Session,[435] which, after examining them, and requiring any further information or evidence which it may judge necessary, shall be competent to pass orders on the case, either confirming, modifying, or annulling the orders of the Magistrate[436] or other Officer as aforesaid,[437] as it may judge proper.

Section 299 - Court of Session may require security not exceeding three years

If the Court of Session[438] shall not think it safe to direct the immediate discharge of such person, it shall fix a limited period for his detention, not exceeding three years, in the event of his not giving the security required from him.

Section 300 - What the order for security is to contain

In every instance in which security for good behaviour shall be required by the Court of Session,[439] or the Magistrate or other Officer as aforesaid, the amount of the security, the number of sureties, and the period of time for which the sureties are to be responsible for the good conduct of the person required to furnish security, shall be stated in the order. The security-bond shall be in the form (F) given in the Appendix, or to the like effect.

Section 301 - In default of security, party to be committed to prison

In the event of any person required to give security under the provisions of the foregoing Sections failing to furnish the security so required, he shall be committed to prison until he furnish the same. Provided that no party shall be kept in prison for a longer period than that for which the security has been required from him.

Section 302 - When Magistrate may release persons under requisition of security

The Magistrate of the District[440] or other Officer exercising the powers[441] of a Magistrate is empowered, at any time, to exercise his discretion in releasing, without reference to any other authority, any prisoner confined under requisition of security for good behaviour, whether by his own order, or by the order of any Officer subordinate to him, provided he shall be of opinion that such person can be released without hazard to the community.

Section 303 - When he must report

In any case in which a Magistrate[442] or other Officer as aforesaid[443] shall be of opinion that any person confined under requisition of security for good behaviour by order of a Court of Session, can be safely released without such security, the Magistrate or other Officer as aforesaid shall make an immediate report of the case for the orders of the Court which shall have required the person to furnish the security.

Section 304 - Discharge of surety

A surety for the good behaviour of a person may at any time apply to the Magistrate or other Officer as aforesaid to be relieved from his engagement as surety. On such application being made, the Magistrate or other Officer as aforesaid shall issue his summons or warrant, in order that the person may appear or be brought before him. On the appearance of the party pursuant to the warrant, or on his voluntary surrender, the Magistrate or other Officer as aforesaid shall direct the engagement of the surety to be cancelled, and shall call upon the person to give fresh security, and, in default thereof, shall commit him to custody.

Section 305 - Proceeding to compel payment of penalty by sureties

Whenever the Magistrate[444] or other Officer as aforesaid[445] shall be of opinion that, by reason of an offence proved to have been committed by the person for whose good behaviour security has been given, subsequent to his having given such security, proceeding should be had upon the bond executed by the surety, he shall give notice to the surety to pay the penalty, or to show cause why it should not be paid; and if no sufficient cause be shown, the Magistrate[446] or other Officer as aforesaid[447] shall proceed to recover the penalty from such surety by the attachment and sale of any moveable[448] property belonging to such surety which may be found within the jurisdiction of the Magistrate[449] of the District; and if the penalty be not paid, and cannot be recovered by such attachment and sale, such surety shall be liable to imprisonment by order of the Magistrate or other Officer as aforesaid in the Civil Jail, for a period not exceeding six months.

Section 306 - Issue of summons and warrant of arrest

The several provisions of the last preceding Chapter, relating to the issue of summons[450] and warrant of arrest[451] for securing the personal attendance of the party informed against, shall apply to proceedings taken under this Chapter against persons required to give security for their good behaviour.

Section 307 - Manner of taking evidence under Chapter XVIII. or this Chapter

Any evidence taken under Chapter XVIII. Or this Chapter shall be taken in the manner prescribed by Section 267, subject to the provision contained in Section 268 of this Act.

Section 308 - Magistrate may order removal of nuisances

Whenever the Magistrate of a District,[452] or of a division of a District,[453] considers that any unlawful obstruction or nuisance should be removed from any thoroughfare or public place, or that any trade or occupation, by reason of its being injurious to the health or comfort of the community, should be suppressed or should be removed to a different place, or that the construction of any building or the disposal of any combustible substance, as likely to occasion conflagration, should be prevented, or that any building is in such a state of weakness that it is likely to fall, and thereby cause injury to persons passing by, and that its removal in consequence is necessary, or that any tank or well adjacent to any public thoroughfare should be fenced in such a manner as to prevent danger arising to the public, he may issue an order to the person causing such obstruction or nuisance, or carrying on such trade or occupation, or being the owner or in possession of, or having control over, such building, substance, tank, or well as aforesaid, calling on him, within a time to be fixed in the order, to remove such obstruction or nuisance, or to suppress or remove such trade or occupation, or to stop the construction of such building, or to remove it, or to alter the disposal of such substance, or to fence such tank or well (as the case may be), or to appear before himself or some other Officer exercising the powers of a Magistrate or of a Subordinate Magistrate of the First Class within the time mentioned in the order, and show cause why such order should not be enforced.

Section 309 - Service or notification of order

Such order shall, if practicable, be served personally on the person to whom it is issued; but if personal service is found to be impracticable, the order shall be notified by proclamation, and a written notice thereof shall be stuck up at such place or places as may be best adapted for conveying the information to such person.

Section 310 - Person ordered shall obey, or may claim a jury

The person to whom such order is issued shall be bound, within the time specified in the order, to obey the same, or to appear before the Magistrate before whom he was required by the order to appear, to show cause as aforesaid, or he may apply to such Magistrate for an order for a jury to be appointed to try whether the order is reasonable and proper.

Constitution of jury

On receiving such application the Magistrate shall forthwith appoint a jury consisting of an odd number of persons not less than five, of whom the foreman and one-half of the remaining members shall be nominated by such Magistrate, and the other members by the applicant.

Suspension of order

The execution of the order shall be suspended pending such enquiry, and the Magistrate who issued the order snail be guided by the decision of the jury, which shall be according to the opinion of the majority.

Procedure in case of non-appointment of, or neglect by jury

If the applicant, by neglect or otherwise, prevents the appointment of a jury, or if from any cause the jury so appointed does not decide and report within a reasonable time to be fixed in the order for the appointment, their functions shall cease from the date of the expiration of such period, unless they be continued by special order of the Magistrate. If from any of the above causes no decision be made by the jury, the order of the Magistrate may be carried into effect as hereinafter provided.

Section 311 - Procedure in case of disobedience or neglect by person ordered

If the person to whom the order mentioned in Section 308 is issued does not obey such order, or show cause against the same as hereinafter provided, or apply for a jury within the time specified in such order, he shall be liable to the penalty prescribed in that behalf in Section 188 of the Indian Penal Code; and the Magistrate who issued such order may proceed to carry it into execution at the expense of such person, and may realize such expenses either by the sale of any building, goods, or other property removed by his order, or by the distress and sale of the moveable* property of the person aforesaid. No suit shall lie in respect of anything necessarily or reasonably done to give effect to such order.

Section 312 - Procedure where jury finds Magistrate's order to be reasonable

If in a case referred to a Jury, the Jury find that the order of the Magistrate is reasonable and proper, the Magistrate who issued the order shall give notice of such finding to the person to whom the order was issued, and shall add to such notice an order to obey the order first mentioned within a time to be fixed in the notice, and an intimation that, in case of disobedience, he will be liable to the penalty provided by Section 188 of Indian Penal Code. If such latter order is not obeyed, the Magistrate may proceed as in Section 311.

Section 313 - Procedure where person ordered satisfies Magistrate that the order is not reasonable

If the person to whom the order of the Magistrate is issued appears and shows cause against it, so as to satisfy the Magistrate who issued it that it is not reasonable and proper, no further proceedings shall be taken in the case.

Section 314 - Injunction pending enquiry by jury

If, pending the enquiry by a Jury, the Magistrate that issued the order considers that immediate measures are necessary to be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person mentioned in that behalf in Section 308 as is required to obviate or prevent such danger or injury. In default of such person forthwith taking all necessary measures ordered to be taken by such injunction, the Magistrate may himself use or cause to be used such means as may be necessary to obviate such danger or to prevent such injury. No suit shall lie in respect of anything necessarily or reasonably done for that purpose.

Section 315 - Saving of certain provisions

Nothing in this Chapter shall interfere with the provisions of Section 48 of Act XXIV. of 1859 (for the better regulation of the Police within the territories subject to the Presidency of Fort St. George), or of Section 34 of Act V. of 1861 (for the regulation of Police).

Section 316 - Magistrate may make order for maintenance of wives and children

If any person having sufficient means neglects or refuses to maintain his wife or legitimate or illegitimate child unable to maintain himself, it shall be lawful for the Magistrate of the District[454] or other Officer exercising the powers of a Magistrate,[455] upon due proof thereof, to order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding fifty Rupees in the whole, as to the Magistrate[456] or other Officer as aforesaid[457] shall seem reasonable ;

Enforcement of order

and if such person shall wilfully neglect to comply with this order, the Magistrate or other Officer as aforesaid may, for every breach of the order, by warrant, direct the amount due to be levied in the manner[458] provided for levying fines ; or may order such person to be imprisoned, with or without hard labour, for any term not exceeding one month.

Proviso

Provided that if such person offer to maintain his wife on condition of her living with him, and his wife shall refuse to live with him, it shall be lawful for the Magistrate or other Officer as aforesaid to consider any grounds of refusal stated by such wife ; and he may make the order allowed by this Section notwithstanding such offer, if he shall be satisfied that such person is living in adultery, or that he has habitually treated his wife with cruelty. No wife shall be entitled to receive an allowance from her husband under this Section, if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband.

Section 317 - Application for reduction of allowance

Any person ordered to pay a monthly allowance for the maintenance of his wife, or child, or both, under the provisions of the last preceding Section, may apply to the Magistrate from time to time for the reduction of such allowance; and on proof of an alteration in the circumstances of such person, his wife, or child, justifying such reduction, such Magistrate may make such reduction in the allowance ordered as he may deem fit.

Section 318 - Magistrate how to proceed if any dispute concerning land, &c., is likely to cause breach of the peace

Whenever the Magistrate of the District[459] or other Officer exercising the powers of a Magistrate[460] shall be satisfied that a dispute, likely to induce a breach of the peace, exists concerning any land, premises, water, fisheries, crops, or other produce of land, within the limits of his jurisdiction, he shall record a proceeding stating the grounds of his being so satisfied, and shall call on all parties concerned in such dispute to attend his Court in person, or by agent, within a time to be fixed by the Magistrate or other Officer as aforesaid, and to give in a written statement of their respective claims, as respects the fact of actual possession of the subject of dispute.

Party in possession to be continued until ousted by due course of law

The Magistrate or other Officer as aforesaid shall, without reference to the merits of the claims of any party to a right of possession, proceed to enquire which party is in possession of the subject of dispute, and after satisfying himself upon that point, shall record a proceeding declaring the party whom he may decide to be in such possession, to be entitled to retain possession until ousted by due course of law, and forbidding all disturbance of possession until such time.

Section 319 - If previous possession cannot be ascertained, Magistrate may attach subject of dispute

If the Magistrate[461] or other Officer as aforesaid[462] shall decide that neither of the parties is in possession, or shall be unable to satisfy himself as to which person is in possession of the subject of dispute, he may attach the subject of dispute, until a competent Civil Court shall have determined the rights of the parties, or who ought to be in possession.

Section 320 - Disputes concerning right of use of land or water

If a dispute arise concerning the right of use of any land or water, the Magistrate[463] or other Officer as aforesaid[464] within whose jurisdiction the subject of dispute lies, may enquire into the matter; and if it shall appear to him that the subject of dispute is open to the use of the public, or of any person, or of any class of persons, the Magistrate or other Officer may order that possession thereof shall not be taken or retained by any party to the exclusion of the public, or of such person, or of such class of persons, as the case may be, until the party claiming such possession shall obtain the decision of a competent Court adjudging him to be entitled to such exclusive possession. Provided that the Magistrate or other Officer as aforesaid shall not pass any such order, if the matter be such that the right of use is capable of being exercised at all times of the year, unless that right shall have been ordinarily exercised within three months from the date of the institution of the enquiry, or in cases where the right of use exists at particular seasons, unless such right has been exercised during the last of such seasons before the complaint.

Section 321 - Saving of powers of Collectors and Revenue Courts

Nothing in this Chapter shall affect the powers of a Collector or a person exercising the powers of a Collector or of a Revenue Court.

Section 322 - Local Government may order trials before Court of Session to be by jury

The Local Government may order that the trial of all offences or of any particular class of offences before any Court of Session shall be by Jury in any District, and such Local Government may from time to time revoke or alter such order. The Local Government may also, if it see fit, direct that, in any District or in any class of offences, the Jurors shall, before the trial, be sworn in such form as the Government may prescribe. Orders passed under this Section shall be published in the Government Gazette, and in such other manner as the Local Government shall from time to time direct.

Section 323 - How the Jury is to be constituted for the trial of persons belonging to certain specified races

Criminal trials before the Court of Session,[465] in which a European (not being a British subject) or an American is the accused person, or one of the accused persons, shall be by Jury; and in such case the Jury, if such European or American desire it, shall consist of at least one-half of Europeans (whether British subject or not) or Americans, if such a Jury can be procured.

Proviso

Provided that in any District[466] in which the Local Government shall not have ordered that all trials or trials for all offences of the class within which the trial about to take place falls, shall be by Jury, such European or American may elect to be tried without Jury.

Section 324 - Trials before the Session Court with Assessors

In a trial before the Court of Session[467] not by Jury, the trial shall be conducted with the aid of two or more Assessors as Members of the Court. The opinion of each Assessor shall be given orally, and shall be recorded in writing by the Court, but the decision is vested exclusively in the Judge.

Section 325 - How the jury is to be constituted for the trial of other persons

In a trial by Jury before the Court of Session,[468] in which a person not belonging to the races specified in Section 323 shall be tried, at least one-half of the Jury, if the accused person desire it, shall consist of persons not belonging to either of such races.

Section 326 - How the jury is to be constituted when persons of both descriptions are jointly charged

In any case before the Court of Session,[469] in which a person not belonging to the races mentioned in Section 323 is charged jointly with a person belonging to one of those races, and such last-mentioned person claims to be tried by a Jury consisting of at least one-half of Europeans or Americans, the person not belonging to either of such races shall, if he desire it, be tried separately.

Section 327 - Number of which the jury is to consist

In trials by Jury before the Court of Session,[470] the Jury shall consist of five persons, or of such number, being an uneven number, and not being less than five or more than nine, as the Local Government, by any general order applicable to any particular District or to any particular classes of offences in that District, shall direct.

Section 328 - Number of voices necessary to verdict

If the Jury are unanimous in a verdict of guilty, the accused person shall be convicted. If the Jury shall consist of five persons, and a majority of four find the accused person guilty, or if the Jury shall consist of seven persons, and a majority of five find the accused person guilty, or if the Jury shall consist of nine persons, and a majority of six find the accused person guilty, the accused person shall be convicted. If the Jury are unanimous in a verdict of not guilty, the accused shall be acquitted. If the Jury shall consist of five persons, and a majority of four find the accused person not guilty, or if the Jury shall consist of seven persons, and a majority of five find the accused person not guilty, or if the Jury shall consist of nine persons, and a majority of six find the accused person not guilty, the accused person shall be acquitted, and the Judge shall not receive a verdict of acquittal unless it be unanimous or found by such majority as last aforesaid.

Section 329 - List of Jurors and Assessors

The Collector of the District or other Officer exercising the powers of a Collector of a District shall, from time to time, prepare and make out in alphabetical order, a list of persons residing within ten miles from the place where trials before the Court of Session[471] are held, or within such other distance as the Local Government may think fit to direct, who are in the judgment of the Collector or other Officer as aforesaid, qualified from their education and character to serve as Jurors or as Assessors respectively. The list shall contain the name, place of abode, and quality or business of every such person; and if the person belongs to either of the races specified in Section 323, the list shall mention the race to which he belongs.

Section 330 - Publication of list

Copies of such list shall be stuck up in the Office of the Collector or other Officer as aforesaid, and in the Court-houses of the Magistrate of the District[472] and of the Chief Civil Court, and in some conspicuous place in the town or towns near or in the vicinity of which the persons named in the list reside, and every such copy shall have subjoined to it a notice, stating that objections to the list will be heard and determined by the Collector or other Officer as aforesaid at a time and place to be mentioned in the notice.

Section 331 - Revision of list

The Collector or other Officer as aforesaid shall, at the time and place mentioned in the notice, revise the list and hear the objections (if any) of persons interested in the amendment thereof, and snail strike out the name of any person not qualified in his judgment to serve as a Juror or as an Assessor, or who may avail himself of the exemption from service given by S. 335, and insert the name of any person omitted from the list whom he deems qualified for such service. A copy of the revised list shall be signed by the Collector or other Officer as aforesaid and sent to the Court of Session.[473] Any order of the Collector or other Officer as aforesaid in preparing and revising the list shall be final.

Section 332 - Further revision of list

The list so prepared and revised shall be again revised at least once in every year, and the list so revised shall be deemed a new list, and shall be subject to all the rides[474] herein before contained as to the list originally prepared. See note to S. 329.

Section 333 - Jurors

Except as hereinafter provided, all male persons between the ages of twenty-one and sixty, resident within the limits of the jurisdiction of the Court of Session,[475] shall be deemed capable of serving as Jurors and Assessors, and shall be liable to be summoned accordingly.

Section 334 - Disqualifications

The following persons are incapable of serving as Jurors or Assessors in trials before the Court of Session,[476] namely:--

Persons who hold any office in or under the said Court.

Persons executing any duties of Police or entrusted with any Police functions.

Persons who have been convicted of any offence against the State, or of any fraudulent or other offence which, in the judgment of the Collector, renders them unfit to serve on the Jury.

Persons who are inflicted with any infirmity of body or mind, sufficient to incapacitate them from serving.

Persons who, by habit or religious vows, have relinquished all care of worldly affairs.

Section 335 - Exemptions

The following persons are exempt from the liability to serve as Jurors or as Assessors, namely:--

Judges and other Judicial Officers.

Commissioners and Collectors of Revenue or Customs.

All persons engaged in the Preventive Service in the Customs Department.

All persons engaged in the collection of the Revenue

whom the Collector may think fit to exempt on the ground of official duty.

Chaplains and others employed in Religious Offices.

All persons in the Military Service.

Surgeons and others who openly and constantly practise in the profession of Physic.

Persons employed in the Post Office and Electric Telegraph Departments.

Persons actually officiating as priests in their respective religions.

Persons exempted by Government from personal appearance in Court under the provisions of Section 22 of Act VIII. of 1859 (for simplifying the Procedure of the Courts of Civil Judicature not established by Royal Charter).

The exemption from service given by this Section is a right of which each person exempted may avail himself or not. Nothing herein contained shall be construed to disqualify any such person, if he shall be willing to serve as a Juror or as an Assessor.

Section 336 - Court to summon Jurors

The Court of Session[477] shall ordinarily, three days at the least before the time fixed for the holding of Sessions, cause the Magistrate to summon as many persons named in the said revised list as seem to the Court to be needed for trials by Jury and trials with the aid of Assessors at the said Sessions, the number to be summoned not being less than double the number required for any case about to be tried at such Sessions. The names of the persons to be summoned shall be drawn by lot in open Court, excluding those on the revised list who have served within six months, unless the number cannot be made up without them, and shall be specified in the precept to the Magistrate.

Section 337 - Form and service of summons

Every summons to a Juror or Assessor shall be in writing,[478] and shall require his attendance as a Juror or Assessor at a time and place to be therein specified. The summons or a copy thereof shall be served on every Juror or Assessor personally. If the Juror or Assessor summoned be absent from his usual place of abode, the summons may be left for him there with some adult male member of his family residing with him.

Section 338 - Power of Court to summon another set of Jurors or Assessors

The Court of Session[479] may direct Jurors or Assessors to be summoned at other periods than the period specified in Section 336, when the number of trials before the Court renders the attendance of one set of Jurors or Assessors for a whole Session oppressive, or whenever it may be found to be necessary. See note to S. 337.

Section 339 - Service of summons to serve as Juror or Assessor on an Officer of Government

If any person summoned to serve as a Juror or Assessor be an Officer of Government, the summons shall be transmitted to such person through the Head Officer of the Office in which he is employed, and the Court may excuse the attendance of such person, if it shall appear on the representation of such Head Officer that such person cannot serve as a Juror or Assessor without inconvenience to the public service.

Section 340 - Court may excuse attendance of a Juror or Assessor

The Court of Session[480] may excuse any Juror or Assessor from attendance for reasonable cause.

Section 341 - List of names of Jurors or Assessors attending at each Session

At each Session the Court shall cause to be made a list of the names of those who serve as Jurors or Assessors at such Session. The list shall be kept with the revised list of the Jurors and Assessors prepared under Section 331. A reference shall be made in the margin of the said revised list to each of the names which are mentioned in the list prepared under this Section.

Section 342 - Jurors to be chosen by lot

Whenever a trial by Jury is to be held, the persons who are to constitute the Jury shall be chosen by lot immediately before the commencement of the trial from the Jurors who attend in obedience to the summons.

Assessors to be selected by Judge

If the trial is to be held with the aid of Assessors, the Judge shall select from the persons summoned to act as Assessors, two or more persons to assist him in such trial.

Section 343 - Names of Jurors to be called

Before the commencement of a trial by Jury the names of the Jurors shall be called aloud, and upon the appearance of each Juror, the accused person shall be asked if he objects to be tried by such Juror.

Objections

Any objection[481] may then be made to such Juror by the accused person or by the Government Pleader, or other person appointed to conduct the prosecution, and the grounds of objection shall be stated. Any objection made to a Juror shall be decided by the Court, and the decision of the Court shall be final. If an objection be allowed, the place of such Juror shall be supplied by any other Juror in attendance in obedience to a summons, or if there be no such Juror present, then by any other person present in the Court whose name is on the list of Jurors, or whom the Court shall consider a proper person to serve on the Jury, provided no objection to such Juror or other person be made and allowed.

Section 344 - Grounds of objection

Any objection taken to a Juror on any of the following grounds, if made out to the satisfaction of the Court, shall be allowed:--

(1)     Any ground of disqualification within Section 334.

(2)     Standing in the relation of husband, master or servant, landlord or tenant, to the person alleged to be injured or attempted to be injured by the offence charged, or to the person on whose complaint the prosecution was instituted, or to the person accused ; being in the employment on wages of either of such persons ; being plaintiff or defendant against either of such persons in any Civil suit, or having complained against, or having been accused by either of such persons in any Criminal prosecution.

(3)     Any circumstance which, in the judgment of the Court, is likely to cause prejudice against, or favour to, either of such persons.

Section 345 - Juror to understand the language in which evidence is given or interpreted

The Judge shall not allow any person to serve on the Jury, unless such person understands the language in which the evidence is given or interpreted.

Section 346 - Foreman of Jury

The Jury shall appoint one of their number to be Foreman. It shall be the duty of such Foreman to preside in the debates of the Jury, to deliver the verdict of the Jury, or ask any information from the Court that may be required by the Jury. If a majority do not agree in the appointment of a Foreman, he shall be named by the Court.

Section 347 - The same Jury or Assessors may try in succession several offenders

The same Jury, if not objected to, may try, or the same Assessors may aid in the trial of, as many accused persons successively, as to the Court shall seem expedient.

Section 348 - View by Jury or Assessors

Whenever, in the opinion of the Court, it may be proper and convenient that the Jury or Assessors should have a view of the place in which the offence charged is said to have been committed, or of any other place in which any other transaction material to the enquiry in the trial took place, an order shall be made to that effect, and the Jury or Assessors shall be conducted in a body under the care of an Officer of the Court to the place which shall be shown to them by a person appointed by the Court, and it shall be the duty of the Officer not to suffer any other person to speak to, or hold any communication with, any of the Jury or Assessors, and they shall, when the view is finished, be immediately conducted back into Court.

Section 349 - Mode of summoning and empannelling Jurors for a Jury constituted under Section 323

When a trial is held in which the accused person, or one of the accused persons, is entitled to be tried by a Jury constituted under the provisions of Section 323 of this Act, the Court of Session[482] shall, three days at the least before the day fixed for holding such trial, cause to be summoned in the manner prescribed in Section 336 such a number of Jurors of the races mentioned in Section 323, as is equal to the total number of Jurymen required for the trial, if so many of such races be on the Jury List of the District. The Court shall also, at the same time, in like manner, cause to be summoned the same number of other persons named in the revised list, unless such number of such other persons shall have been summoned for Jury trials at that Session. The names of the persons to be summoned shall be drawn by lot, excluding those who have served within six months, unless the number cannot be made up without them. From the whole number of persons returned, the Jurors who are to constitute the Jury shall be taken by lot in the manner prescribed in Section 342, until a Jury, containing the proper number of the races mentioned in Section 323, or a number approaching as nearly thereto as possible, has been obtained. The Jurors shall be liable to the same objections as any other Jurors. If a Jury containing the requisite number of the races mentioned in Section 323 be not obtained, the accused person may elect to be tried by the Judge with the aid of Assessors ; otherwise he shall be tried by the Jury obtained by the means aforesaid.

Section 350 - If prior to finding any of the Jury be unable to proceed with, the trial

If, in the course of a trial by Jury at any time prior to the finding, any Juror shall from any sufficient cause, be prevented from attending through the trial, or if any Juror shall absent himself, and it shall not be possible to enforce his attendance, a new Juror shall be added, or the Jury shall be discharged, and a new Jury empannelled, and in either case the trial shall commence anew.

Section 351 - Verdict of guilty by less than the specified majority of Jury

In any trial by Jury, if the accused person is found guilty by a majority consisting of a less number of the Jury than is specified in that behalf in Section 328 of this Act, or if the accused person be found not guilty by a majority consisting of a less number of the Jury than is therein in that behalf specified, the Jury shall be discharged ; and in any such case as aforesaid there shall be a new trial before a Jury consisting entirely of other Jurors, and the accused person may be remanded or held to bail for such new trial. If, on any new trial by Jury, the accused person shall not be found guilty by a majority consisting of such a number as aforesaid, he shall be acquitted.

Section 352 - When and how long Jury may retire for finding

At the close of the trial, and after the Judge has summed up the evidence as hereinafter provided by Section 379 of this Act, the Jury may retire to consider their finding, and it shall be the duty of an Officer of the Court not to suffer any person to speak to or hold any communication with any member of such Jury. In any case in which a Jury shall be prepared to deliver their finding, the Judge shall ask the Jury whether they are unanimous, and if the Foreman or one of the Jury shall declare that they are not unanimous, the Judge may require such Jury to retire for further consideration. If, after such a period as the Judge shall consider reasonable, the Foreman or any one of the Jury shall declare that they are not unanimous, the Jury may deliver their verdict.

Section 353 - If either of the Assessors be unable to proceed with trial

If, in the course of a trial with the aid of Assessors, at any time prior to the finding, any Assessor shall, from any sufficient cause, be prevented from attending through the trial, the trial shall proceed with the aid of the other Assessor or Assessors. If all the Assessors are prevented from attending through the trial, the proceedings shall be stayed, and a new trial shall be held with the aid of fresh Assessors.

Section 354 - Penalty for non-attendance of Juror or Assessor

Any person summoned to attend as a Juror or as an Assessor, who shall without lawful excuse fail to attend as required by the summons, or having attended shall depart without having obtained the permission of the Court, shall be liable by order of the Court of Session[483] to a fine not exceeding one hundred Rupees, to be levied by the Magistrate of the District[484] by attachment and sale of any moveable[485] property belonging to such Juror or Assessor within the jurisdiction of the Court making the order, or in default of recovery of the fine by such attachment and sale, such Juror or Assessor may be imprisoned in the Civil Jail for the space of fifteen days, if the fine be not sooner paid.

Section 355 - Criminal Jurisdiction and powers of punishment of Subordinate Judges and Principal Sudder Ameens

The Subordinate Judges and Principal Sudder Ameens in the Presidency of Fort Saint George shall continue to exercise under this Act, subject to the provisions of the Indian Penal Code, the Criminal jurisdiction which they are competent to exercise under any law for the time being in force, and shall have the same powers of punishment as are given by this Act to an Officer exercising the powers of a Magistrate.

Section 356 - What cases Subordinate Magistrates may commit, and what cases they may refer to Magistrate

Subordinate Magistrates of the first[486] and second[487] class in the Presidency of Fort Saint George shall commit to the Court of Session any persons charged with offences triable exclusively by that Court, or shall, under such orders as the Sudder Court[488] shall from time to time issue, either commit to the Subordinate Judges or Principal Sudder Ameens the cases of persons accused of offences triable by such Subordinate Judges or Principal Sudder Ameens, or refer such cases for the orders of the Magistrate[489] of the District, or other Officer exercising the powers[490] of a Magistrate. If the case be referred to the Magistrate of the District or other Officer as aforesaid, such Magistrate or other Officer shall examine the parties and witnesses, and shall proceed in all respects as if no proceedings had been held in any other Court.

Section 357 - Subordinate Magistrate after trial may refer to Magistrate of the District

If in any case tried by a Subordinate Magistrate of the first[491] or second[492] class in the Presidency of Fort Saint George, in which the accused person is found guilty, such Magistrate shall consider the offence established against the accused person to call for a more severe punishment than such Magistrate is competent to adjudge, he shall record the finding and submit his proceedings to the Magistrate[493] of the District, or other Officer exercising the powers of a Magistrate, and the Magistrate of the District, or other Officer as aforesaid, shall pass such sentence or order in the case as he may deem proper, and as shall be according to law. In any such case, the Magistrate or other Officer to whom the proceedings are submitted may examine the parties, and recall and examine any witness who shall already have given evidence in the case, and he may call for or take any further evidence.

Section 358 - Cases committed for trial before Subordinate Judges and Principal Sudder Ameens

In cases committed for trial before the Subordinate Judges or Principal Sudder Ameens in the Presidency of Fort Saint George, they shall be guided by the rules contained in this Act[494] for the trial of cases before the Magistrate, which are hereby made applicable to such cases. The Subordinate Judges and Principal Sudder Ameens may commit any case to the Court of Session[495] in which the evidence is such as to warrant a presumption that the accused person has been guilty of an offence calling for a more severe punishment than such Subordinate Judges or Principal Sudder Ameens are authorized to adjudge.

Section 359 - Cognizance of offences by the Court of Session in original jurisdiction

Except in the cases referred to in Section 172 of this Act, a Court of Session,[496] as a Court of Original Criminal Jurisdiction, shall not take cognizance of any offence but upon a charge preferred by a Magistrate or other Officer specially empowered under this Act, or under any other law, to make commitments to such Court.

Section 360 - Every trial before Court of Session to be conducted by Government Pleader, &c

In every trial before a Court of Session[497] the prosecution shall be conducted by the Government Pleader or by some other Officer specially empowered in that behalf, and the complainant, if there be a complainant, shall be examined as a witness in the case.

Section 361 - Postponement of trial

A Court of Session[498] may direct the postponement of a trial, when it is satisfied that such postponement is proper and will promote the ends of justice.

Section 362 - Commencement of trial

When the Court is ready to commence the trial, the accused person shall be brought before it, and the charge shall be read and explained to him, and he shall be asked whether he is guilty of the offence charged, or claims to be tried. If the accused person plead guilty, the plea shall be recorded, and the accused may be convicted thereon.

Section 363 - Refusal to plead, or plea of claim

If the accused person refuses to plead, or claims to be tried, the Court shall proceed to choose Jurors or select Assessors, and to try the case.

Section 364 - Provisions relating to examination of parties, &c., in trials before Magistrate to be applicable to trials before Court of Session

The provisions of Sections 195, 196, 197, 198, 199, and 200 of this Act, relating to the examination of parties and witnesses, the mode of recording evidence, and the correction, attestation, and interpretation thereof in trials before the Magistrate, shall be applicable to trials before the Court of Session[499] under this Chapter.

Section 365 - Witness refusing to answer may be committed to custody

If any witness refuse to answer any question which shall be put to him, and shall not offer any just excuse for such refusal, the Court may commit such witness to custody for such reasonable time as it may deem proper, unless he shall in the meantime consent to be examined and to answer. In the event of such witness persisting in his refusal, he may be dealt with according to the provisions of Section 163 of this Act.

Section 366 - Examination of accused before the Magistrate to be evidence at the trial

The examination of the accused person before the Magistrate shall be given in evidence at the trial. The attestation of the Magistrate shall be sufficient prima facie proof of such examination, and such attestation shall be admitted without proof of the signature to it, unless the Court shall see reason to doubt its genuineness.

Section 367 - Court may summon necessary evidence

It shall be in the discretion of the Court, at any stage of a trial, to summon and examine any witness whose evidence it shall consider essential to the just decision of the case. The Court may also examine as a witness any person in attendance, although not summoned as a witness.

Section 368 - Evidence of Medical witness

The Court shall receive as prima facie evidence the examination of a Civil Surgeon or other Medical witness taken, and duly attested by the Magistrate. Provided that it shall be competent to the Court to summon such Civil Surgeon or other Medical witness, if it shall see sufficient cause for doing so.

Section 369 - Examination of witness taken and attested by Magistrate when admissible

The examination of a witness taken and attested by the Magistrate in the presence of the accused person may be given in evidence, if the witness be dead, or the Court be satisfied that for any sufficient cause his attendance cannot be procured.

Section 370 - Report of Chemical Examiner admissible in evidence

Any document purporting to be a report from the Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report in the course of any criminal trial, or in any preliminary enquiry relating thereto, shall be received in evidence at a trial by the Court of Session,[500] if it bear the signature of such Examiner, and no proof of such signature, or that the person signing holds such office, shall be requisite, unless the Court snail see reason to doubt the genuineness of the document.

Section 371 - Dying declaration

The declaration of a deceased person, whether it be reduced to writing or not, and whether it be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself to be in danger of approaching death, although he entertained at the time of making it hopes of recovery.

Section 372 - Defence

When the case for the prosecution has been brought to a close, the Court may, if it considers that there are no grounds for proceeding with the trial, record a judgment of acquittal; otherwise the accused person shall be called upon to enter upon his defence, and to produce his evidence.

Section 373 - When accused person may be examined

The Court, at the close of the case for the prosecution, and at the close of the evidence on behalf of the accused person (if he produces any evidence), may put any questions to the accused person which it may think proper. It shall be in the option of the accused person to answer such questions, and after such questions shall have been answered by the accused person, he or his counsel or agent may address the Court on the subject thereof. The provisions of Section 204 shall apply to examinations under this Section.

Section 374 - When accused may address the Court

The accused person or his counsel or agent may, at his option, address the Court at the close of the case for the prosecution, or at the close of any evidence that may be adduced on his behalf.

Section 375 - Witness for the defence

The accused person shall be allowed to examine any witness not previously named by him if such witness be in attendance, but he shall not be entitled of right to have any other witness summoned than the witnesses named in the list delivered to the Magistrate by whom he was committed or held to bail for trial, except as provided in Section 246 of this Act.

Section 376 - Prosecutor's right of reply

If any evidence is adduced on behalf of the accused person, or if he answers any question put to him by the Court, the prosecutor, or the counsel or agent for the prosecution, shall be entitled to reply. See note to S. 374.

Section 377 - Adjournment

The Court may in its discretion, from time to time, adjourn the trial as may be necessary.

Section 378 - Jury or Assessors to attend at adjourned sitting

In the event of the adjournment of a trial by Jury, or with the aid of Assessors, the Jury or Assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting, until the conclusion of the trial; and any Juror or Assessor who shall, without lawful excuse, fail so to attend, shall be liable to the penalty[501]prescribed in Section 354 of this Act, and such penalty shall be enforced in the manner therein prescribed.

Section 379 - Of verdict of Jury

In a trial by Jury the Judge shall sum up the evidence on both sides, and the Jury shall then deliver their finding upon the charge. A statement of the Judge's direction to the Jury shall form part of the record. In trials not by Jury, the ground of the Judge's decision shall be recorded.

Section 379A - Withdrawal of remaining charges on conviction on one of several charges

In trials before a Court of Session, when more charges than one are preferred against the same person, and when a conviction has been had on one or more of. them, the Government Pleader or other Officer conducting the prosecution may, with the consent of the Court, withdraw, or the Court of its own accord may suspend, the enquiry into the remaining charge or charges.

Section 380 - Acquittal or conviction

If the accused person is acquitted, the Court shall record a judgment of acquittal. If the accused person is convicted, the Court shall proceed to pass sentence upon him according to law. Provided that if the Court pass sentence of death, the sentence shall not be executed without the confirmation of the Sudder Court.[502] If the accused person shall be convicted of an offence which by the Indian Penal Code is punishable with death, and the Court shall sentence such person to any punishment other than death, the Court shall state the grounds upon which it remitted the punishment of death in the statement of trials to be periodically submitted to the Sudder Court,[503] as hereinafter[504] required, under the head of "Sentences passed upon the accused persons."

Section 380A - Rules of evidence

The rules contained in Sections 367, 368, 369, 370, and 371, shall be applicable to all trials and enquiries before Criminal Courts.

Section 381 - What the judgment is to specify

When the trial in any Criminal Court[505] is concluded, the Court, in passing judgment, if the accused, person be convicted, shall distinctly specify the offence of which, and the Section of the Indian Penal Code under which, he is convicted ; or if it be doubtful under which of two Sections the offence falls, shall distinctly express the same, and pass judgment in the alternative, according to Section 72 of the said Code.

Section 382 - Form of finding and sentence

The finding and sentence shall be recorded in one of the following forms, or to the same effect:--

In trials by Jury:--

When the Jury are unanimous:

The Jury are unanimous in finding that Z is guilty of the offence specified in the charge, namely, that Z has waged war against the Queen, and has thereby committed an offence punishable under Section 121 of the Indian Penal Code; and the Court directs that the said Z be [sentence],

2nd.--The Jury are unanimous in finding that Z is not guilty of the offence specified in the charge, namely, that Z has waged war against the Queen, and has thereby committed an offence punishable under Section 121 of the Indian Penal Code ; and the Court directs that the said Z be discharged.

When the Jury are not unanimous, but such a majority as is required by Section 328 of this Act concur in finding the accused guilty:

3rd.--A majority (stating the number, consisting of four out of five, or five or six out of seven, or six, seven, or eight out of nine, as the case may be) find that Z is guilty of the offence specified in the charge, namely, that Z has, with the intention of inducing the Honourable A. B., a Member of the Council of the Governor-General of India, to refrain from exercising a lawful power as such Member, assaulted such Member, and that he has thereby committed an offence punishable under Section 124 of the Indian Penal Code. The Court directs that the said Z be [sentence].

When the Jury are not unanimous, but such a majority as is required by Section 328 of this Act concur in finding the accused not guilty:

4th.--A majority of the Jury (stating the number, as above) find that Z is not guilty of the offence specified in the charge, namely, that Z has, with the intention of inducing the Honourable A. B., a Member of the Council of the Governor-General of India, to refrain from exercising a lawful power as such Member, assaulted such Member, and that he has thereby committed an offence punishable under Section 124 of the Indian Penal Code. The Court directs that the said Z be discharged.

When the Jury, or such a majority as is required by Section 328 of this Act, concur in finding the accused guilty of an offence, but are doubtful under which of two heads of a charge the offence falls:

5th.--The Jury, or a majority of the Jury (stating the number, as above), find that Z is guilty either of the offence specified in the first head of the charge, or of the offence specified in the second head of the charge, namely, that Z has either committed theft, and has thereby committed an offence punishable under Section 379 of the Indian Penal Code, or that he has committed criminal breach of trust, and has thereby committed an offence punishable under Section 406 of the said Code. The Court directs that, under the provisions of the above-mentioned Sections, and the provisions of Section 72 of the Indian Penal Code, the said Z be [sentence].

When a majority less than the number required by Section 328 of this Act find the accused guilty:

6th.--A majority of the Jury (stating the number, as above) find that Z is guilty of the offence specified in the charge, namely, that he has committed, &c, &c, the Court directs that the Jury be discharged, and that there be a new trial.

A similar form shall be followed if a verdict of not guilty is found by a majority less than is required by Section 328 of this Act.

If the finding be on a second trial, and a majority less than is required by Section 328 of this Act find the accused guilty:

7th.--A majority of the Jury (stating the number, as above) find that Z is guilty of the offence specified in the charge, namely, that he has committed, &c, &c. This being a second trial under Section 351 of the Code of Criminal Procedure, the Court directs that the said Z be discharged.

In trials with Assessors:

9th.--The Court, concurring with the Assessors (or one or more of the Assessors), finds that Z is guilty of the offence specified in the charge, namely, that Z has committed the offence of rioting, and has thereby committed an offence punishable under Section 147 of the Indian Penal Code ; and the Court directs that the said Z be [sentence].

10th.--The Court, differing from the Assessors, finds that Z is not guilty of the offence specified in the charge, namely, that Z has committed the offence of rioting, and has thereby committed an offence punishable under Section 147 of the Indian Penal Code ; and the Court directs that the said Z be discharged.

11th.--The Court, concurring with one of the Assessors, finds that Z is guilty either of the offence specified in the first head of charge, or of the offence specified in the second head of charge, namely, that Z has either committed theft, and has thereby committed an offence punishable under Section 379 of the Indian Penal Code, or that he has committed criminal breach of trust, and has thereby committed an offence punishable under Section 406 of the Indian Penal Code ; and the Court directs that, under the provisions of the above-mentioned Sections, and the provisions of Section 72 of the Indian Penal Code, the said Z be [sentence].

In trials upon a formal charge, without Jury or the aid of Assessors:

12th.--The Court finds that Z is guilty of the offence specified in the charge, namely, that Z has committed theft, and has thereby committed an offence punishable under Section 379 of the Indian Penal Code; and the Court directs that the said Z be [sentence],

13th.--The Court finds that Z is not guilty of the offence specified in the charge, namely, that Z has committed theft, and has thereby committed an offence punishable under Section 379 of the Indian Penal Code ; and the Court directs that the said Z be discharged.

In trials in which no formal charge has been prepared:

14th.--The Court finds that Z has used criminal force, and has thereby committed an offence punishable under Section 353 of the Indian Penal Code, and directs that the said Z be [sentence],

15th,--The Court finds that the complaint of assault is not proved, acquits Z, and directs that he be discharged.

Section 383 - Execution of sentence of Court in cases referred to the High Court for confirmation of sentence

In cases referred by the Court of Session[506] for the confirmation of a sentence by the High Court, the proper Officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court, and attested with his official signature, to the Court of Session.[507] Such Court shall, if the sentence be confirmed, immediately issue a warrant to the Officer in charge of the Jail in which the prisoner is confined, to cause the sentence or order to be carried into execution ; or in the case of any other order, shall cause such order to be carried into effect.

Section 384 - Court of Session to direct warrant to District Magistrate

In cases tried by the Court of Session[508] the Court shall forward a copy of its finding and sentence to the Magistrate of the District[509] in which the trial was held. If the accused person is sentenced to imprisonment, the Court shall forthwith forward him, with a warrant for the execution of the sentence, to the Officer in charge of the Jail of the District in which the trial was held. The warrant shall state the offence of which the accused person has been convicted, and the period dining which he is to be imprisoned, and the nature of the imprisonment.

Procedure after sentence passed by court inferior to Session Court

In cases tried by any Court inferior to a Court of Session,[510] the Court passing the sentence shall forthwith forward the accused person, with a similar warrant for the execution of the sentence, to the Officer in charge of the Jail of the District in which the trial was held.

Section 385 - Execution of Sentence under section 383 or 384

Upon the receipt of a warrant under Section 383 or 384, the Officer in charge of the Jail shall cause the sentence to be executed, and shall return the warrant, when the sentence has been fully executed, to the Court from which it issued, with an endorsement under his signature, certifying the manner in which the sentence has been executed.

Section 387 - Transmission of periodical calendars of trials by Court of Session

The Court of Session[511] shall transmit to the Sudder Court[512] such periodical statements or calendars of trials held by such Court as the Sudder Court[513] shall prescribe, exhibiting the offences charged, the offences of which the accused persons are convicted, and the sentences or orders passed upon them.

Section 388 - Procedure in case of accused person being lunatic

When any person who is charged with an offence shall appear to the Magistrate having jurisdiction to be of unsound mind, and incapable, in consequence, of making a defence, the Magistrate shall institute an enquiry to ascertain the fact of such unsoundness of mind, and shall cause the accused person to be examined by the Civil Surgeon of the District, or some or other Medical Officer, and thereupon shall examine such Civil Surgeon or other Medical Officer, and shall reduce the examination into writing ; and if the Magistrate shall be of opinion that the accused person is of unsound mind, he shall stay further proceedings in the case.

Section 389 - Procedure in case of person committed before a Court of Session being lunatic

If any person who shall be committed for trial before a Court of Session,[514] shall at his trial appear to the Court to be of unsound mind and incapable of making his defence, the Court shall in the first instance try the fact of such unsoundness of mind, and if satisfied of the fact, shall give a special judgment that the accused person is of unsound mind and incapable of making his defence, and thereupon the trial shall be postponed.

Section 390 - Release of lunatic pending investigation or trial

In any case in which an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court of Session,[515] as the case may be, if the offence be bailable, may release such person on sufficient security being given that he shall be properly taken care of, and shall be prevented from doing injury to himself or to any other person, and for his appearance when required. If the offence be not bailable, or if the required bail be not given, the accused person shall be kept in safe custody in such place as the Local Government to which the case shall be reported shall direct.

Section 391 - Resumption of investigation of case

Whenever any investigation or trial of a case shall be postponed under Section 388 or Section 389 of this Act, the Magistrate or Court of Session,[516] as the case may be, may at any time resume the investigation or trial, and require the accused person, if detained in custody, to be brought before such Magistrate or Court, or if the accused person has been released on security, may require his appearance. Until such investigation or trial is completed, the case shall be considered as pending before the Magistrate or Court of Session,[517] and shall be included in any register of pending cases kept by such Magistrate or Court. The surety of such person shall be bound at any time to produce him to any Officer whom the Magistrate or Court of Session may appoint to inspect him, and the certificate of such Officer shall have the same effect as the certificate of an Inspector of Jails, or the Visitors of Lunatic Asylums, granted under Section 395 of this Act.

Section 392 - Procedure on accused appearing or being brought before Magistrate or Court of Session

If, when the accused person appears or is again brought before the Magistrate or the Court of Session,[518] as the case may be, it shall appear to such Magistrate or Court that the accused person is in a fit state of mind to make his defence, the investigation shall proceed, or the accused person shall be put on his trial, as the case may require. If it shall appear that the accused person is still of unsound mind, and incapable of making his defence, the Magistrate or Court of Session shall again act according to the provisions of Section 388 or Section 389 of this Act.

Section 393 - Procedure in case of acquittal of accused person on the ground of being lunatic

Whenever any person is acquitted, upon the ground that at the time at which he is charged to have committed an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act charged, or that he was doing what was wrong, or contrary to law, the finding shall state specially whether he committed the act or not.

Section 394 - Person so acquitted to be disposed of by Magistrate or Court of Session for safe custody, &c

Whenever such finding shall state that the accused person committed the act charged, the Magistrate or Court of Session[519] before whom the trial was held shall, if the act charged would, but for the incapacity found, have amounted to an offence, order such person to be kept in safe custody, in such place and manner as to the Magistrate or Court of Session[520] shall seem fit, and shall report the case for the order of the Local Government. The Local Government may order such person to be kept in safe custody in a Lunatic Asylum or other suitable place of safe custody.