This Act may be called The Code of Criminal Procedure:

Local extent. It extends to the whole of British India, but shall not, except as hereinafter provided, affect the procedure of the High Courts or Police Magistrates in Presidency towns;

Commencement. And it shall come into force on the first day of September 1872.

The enactments mentioned in the first schedule hereto annexed are repealed to the extent specified in the third column of the said schedule.

Saving of special procedure. Wherever a special form of procedure is prescribed by any law not expressly repealed in the first schedule to this Act, it shall not be deemed to have been impliedly repealed by reason of its being inconsistent with the provisions of this Code.

References to Code of Criminal Procedure. In every Act passed before this Act, in which reference is made to the Code of Criminal Procedure, such reference shall be taken to be made to this Act.

References in former Acts. In every Act passed before this Act, the expressions Officer exercising the powers of a Magistrate, Subordinate Magistrate, First Class, and Subordinate Magistrate, Second Class, shall, respectively, be deemed to mean Magistrate of the First Class, Magistrate of the Second Class, and Magistrate of the Third Class, as defined in this Act.

Certain specified references. The references made in the enactments specified in column one of the fifth schedule hereto, to the sections of the former Code of Criminal Procedure specified in column two of the said schedule, shall he deemed to be made to the sections of this Code directed in the third column of the said schedule to be substituted for the said sections in column two.

Notifications published and orders made under any section of any Act hereby repealed, shall be deemed to have been published and made under the corresponding section of this Act.

Cases pending in any Criminal Court when this Act comes into force shall be decided as far as may be according to the procedure provided in this Act.

In this Act the following words and expressions have the following meanings, unless a different intention appears from the context:

Special law. Special law means a law applicable to a particular subject:

Local law. Local law means a law applicable to a particular part of British India:

Investigation. Investigation includes all the proceedings by the Police, authorized by this Act, for the collection of evidence:

Inquiry. Inquiry includes any inquiry which may be conducted by a Magistrate or Court under this Act:

Inquired into. Inquired into means and includes every proceeding preliminary to trial:

Trial. Trial means the proceedings taken in Court after a charge has been drawn up, and includes the punishment of the offender:

It includes the proceedings under chapters XVI and XVIII, from the time when the accused appears in Court:

Judicial Proceeding. Judicial Proceeding means any proceeding in the course of which evidence is or may he taken, or in which any judgment, sentence or final order is passed on recorded evidence:

Written. Written includes printed, lithographed, photographed and engraved:

Criminal Court. Criminal Court means and includes every Judge or Magistrate, or body of Judges or Magistrates, inquiring into or trying any criminal case or engaged in any judicial proceeding:

Province. Province , means the territories under the government or administration of any Local Government:

Presidency Town. Presidency Town means the local limits of the ordinary original civil jurisdiction of the High Courts of Calcutta, Madras or Bombay:

High Court. High Court means, in reference to proceedings against European British subjects, or persons jointly charged with European British subjects, the High Courts of Calcutta, Madras, Bombay, the High Court for the North-Western Provinces, and the Chief Court of the Panjab:

In other cases High Court means the highest Court of criminal appeal or revision in any province:

Session Case. Session Case means and includes all cases specified in column seven of the fourth schedule to this Act as cases triable by a Court of Session, and all cases which Magistrates commit to a Court of Session, although they might have tried them themselves:

In the case of offences created by special and local laws, Session Case means cases which are triable by the Court of Session, or which the Magistrate commits to the Court of Session, though he might have tried them himself:

Magistrate's Case. Magistrate's Case means and includes all cases specified in column seven of the fourth schedule to this Act as cases triable by Magistrates, and all cases which Magistrates try themselves, although they might have committed them for trial to a Court of Session:

Cognizable Offence or Case . Cognizable Offence or Case means an offence for, or a case in, which a Police officer may, by any law in force for the time being, arrest without warrant:

Non-cognizable Offence or Case. Non-cognizable Offence or Case means an offence for, or a case in, which a Police officer may not arrest without warrant:

Summons Case. Summons Case means an offence of the class described in section one hundred and forty-eight:

Warrant Case. Warrant Case means an offence of the class described in section one hundred and forty-nine:

Bailable Offence or Case. Bailable Offence or Case means an offence for, or a case in, which bail may be taken under the fourth schedule to this Act, or by any other law in force for the time being:

Non-bailable Offence or Case. Non-bailable Offence or Case means an offence for, or a case in, which hail may not be taken under the fourth schedule to this Act, or by any law in force for the time being.

CONSTITUTION AND POWERS OF THE CRIMINAL COURTS.

OF CRIMINAL COURTS

Besides the High Courts, there shall he four grades of Criminal Courts in British India

I. The Court of the Magistrate of the Third Class:

II. The Court of the Magistrate of the Second Class:

III. The Court of the Magistrate of the First Class:

IV. The Court of Session.

All inquiries by Magistrates shall he held according to the provisions hereinafter contained.

All criminal trials in British India shall he held before the Courts specified in the fourth schedule to this Act, or before the Courts specified in any law by which the offence is created, according to the provisions hereinafter contained.

Offences punishable under any law, other than the Indian Penal Code, containing no distinct provision as to the Court or officer before which or before whom they are to he tried, may he inquired into and tried, according to the provisions hereinafter contained, by the Criminal Courts appointed under this Act. But no such Court shall award any sentence in excess of its powers.

A Magistrate of the third class shall not try any such offence unless it is punishable with less than one year's imprisonment, nor shall a Magistrate of the second class try any such offence unless it is punishable with less than three years' imprisonment.

All Judges of Criminal Courts, other than the High Courts, and Magistrates shall he appointed and may be removed by the Local Government; but such officers as are now appointed or removed by the Government of India shall continue to he so appointed or removed.

All existing Judges and Magistrates shall he deemed to have been appointed under this Act.

Offences committed by European British subjects shall be inquired into and tried according to the provisions of chapter VII and not otherwise; but the other provisions of this Act shall apply to all persons without distinction of race unless a contrary intention is expressed.

OF COURTS OF SESSION

Every province shall he divided into Sessions Divisions.

The Local Government shall have power to alter, from time to time, the number or extent of such Divisions.

The existing local jurisdictions of Courts of Session shall be Sessions Divisions, unless and until they are so altered.

There shall be a Court of Session in every Sessions Division:

It shall have power to try any offence and to pass upon any offender any sentence authorized by law, subject to the provisions of this Act.

There shall he a Sessions Judge for every Sessions Division. The Sessions Judge shall exercise all the powers of the Court of Session in his Sessions Division.

The Local Government may appoint Additional Sessions Judges or Joint Sessions Judges, who shall exercise all the powers of a Court of Session in one or more Sessions Divisions in which they may be directed to act, but shall try such cases only as the Local Government directs them to try, or as the Sessions Judge of the Division makes over to them for trial.

The Local Government may also appoint Assistant Sessions Judges, who shall exercise all the powers of a Court of Session in the Sessions Division to which they may be attached, except the power of hearing appeals, and of passing sentences of death, or transportation, or imprisonment for more than seven years; but they shall try those cases only which the Sessions Judge of the Sessions Division makes over to them either by general orders or by a special order:

Any sentence of more than three years' imprisonment passed by an Assistant Sessions Judge shall be subject to confirmation by the Sessions Judge. The Sessions Judge may either confirm, modify or annul such sentence of the Assistant Sessions Judge.

OF MAGISTRATES AND THEIR POWERS

Magistrates shall he either

Magistrates of the First Class,

Magistrates of the Second Class, or

Magistrates of the Third Class.

The powers of Magistrates in respect to the trial of offences and to passing sentences on persons convicted of them are as follows:

Powers of Magistrates, First Class. Magistrates of the First Class may pass the following sentences:

Imprisonment not exceeding the term of two years (including such solitary confinement as is authorized by law);

Fine to the extent of one thousand rupees;

Whipping.

Powers of Magistrates, Second Class. Magistrates of the Second Class may pass the following sentences:

Imprisonment not exceeding six months (including such solitary confinement as is authorized by law);

Fine not exceeding two hundred rupees;

Whipping.

Powers of Magistrates, Third Class. Magistrates of the Third Class may pass the following sentences:

Imprisonment not exceeding one month;

Fine not exceeding fifty rupees.

A Magistrate of the Third Class may not pass a sentence of solitary confinement, or of whipping.

Any Magistrate may pass any lawful sentence, combining any of the sentences which he is authorized by law to pass.

Explanation. A Magistrate may award imprisonment in default of payment of fine, in addition to the full term of imprisonment which, under this section, he is competent to award.

In addition to the powers given in section twenty, the following powers are conferred, as hereinafter provided, upon Magistrates by this Act:

(1.) Power to make over cases to a Subordinate Magistrate (s. 44).

(2.) Power to pass a sentence on proceedings recorded by a Subordinate Magistrate (s. 46).

(3.) Power to withdraw raises and to try or refer them for trial (s. 47).

(4.) Power to withdraw or refer appeals from convictions by Magistrates of the second and third classes (s. 47).

(5.) Power to arrest an accused person found in Court (s. 104).

(6.) Power to order the Police to investigate an offence (s. 110).

(7.) Power to record confessions or statements during a Police investigation (s. 122).

(8.) Power to authorize detention of a person during a Police investigation (s. 124).

(9.) Power to hold an inquest (s. 135).

(10.) Power to entertain complaints and receive Police reports (s. 141).

(11.) Power to entertain cases without complaint (s. 142).

(12.) Power to commit for trial (s. 143).

(13.) Power to issue process for person within jurisdiction who has committed an offence outside Magistrate's local jurisdiction (s. 157).

(14.) Power to direct warrant to landholder (s. 162).

(15.) Power to arrest offender in presence of Magistrate (s. 166).

(16.) Power to endorse warrant, or to order the removal of an accused person arrested under a warrant (ss. 168 and 170).

(17.) Power to issue proclamation in cases judicially before him (ss. 171 and 353).

(18.) Power to attach and sell property in cases judicially before him (ss. 172 and 354).

(19.) Power to try summarily (s. 222).

(20.) Power to hear appeals from convictions by Magistrates of the second and third classes (s. 266).

(21.) Power to call for proceedings (ss. 295 and 296).

(22.) Power to quash convictions in certain cases (s. 328).

(23.) Power to issue a search-warrant for letter in Post Office (s. 369).

(24.) Power to endorse a search-warrant and order delivery of thing found (ss. 372, 373 and 376).

(25.) Power to issue search-warrant otherwise than in the course of an inquiry (s. 377).

(26.) Power to revise bail orders (s. 398).

(27.) Power to sell perishable property of a suspicious character (s. 415).

(28.) Power to sell suspicious or stolen property (s. 417).

(29.) Power to demand security to keep the peace (s. 491).

(30.) Power to discharge recognizances to keep the peace (s. 500).

(31.) Power to demand security for good behaviour (ss. 504 and 505).

(32.) Power to discharge person bound to be of good behaviour (s. 511).

(33.) Power to issue order to prevent obstruction, &c. (s. 518).

(34.) Power to issue order prohibiting repetition of nuisance (s. 519).

(35.) Power to make orders, &c., in local nuisance cases (s. 521).

(36.) Power to make orders, &c., in possession cases (s. 530).

(37.) Power to make, orders of maintenance (s. 536).

Magistrates of all classes shall, as such, have the following powers:

(1.) Power to arrest an accused person found in Court (s. 104).

(2.) Power to record confessions or statements during a Police investigation (s. 122).

(3.) Power to authorize detention of a person during a Police investigation (s. 124).

(4.) Power to arrest offender in the presence of Magistrate (s. 166).

(5.) Power to endorse warrant, or to order the removal of an accused person arrested under a warrant (ss. 168 and 170).

(6.) Power to issue proclamation in cases judicially before him (ss. 171 and 353).

(7.) Power to attach and sell property in cases judicially before him (ss. 172 and 354).

(8.) Power to endorse a search-warrant and order delivery of thing found (ss. 372, 373 and 376).

(9.) Power to sell perishable property of a suspicious character (s. 415).

In addition to the powers mentioned in section twenty-two, a Magistrate of the Third Class may be invested with the following powers:

(a.) By the Local Government

(1.) Power to hold inquests (s. 135).

(2.) Power to entertain complaints of offences in cases in which he has jurisdiction to try or to commit for trial (s. 141).

(3.) Power to commit for trial (s. 143).

(4.) Power to issue order to prevent obstruction, &c. (s. 518).

(5.) Power to issue order prohibiting repetition of nuisance (s. 519).

(b.) By the Magistrate of the District

(1.) Power to hold inquests (s. 135).

(2.) Power to entertain complaints of offences in cases in which he has jurisdiction to try or to commit for trial (s. 141).

(3.) Power to issue order to prevent obstruction, &c. (s. 518).

(4.) Power to issue order prohibiting repetition of nuisance (s. 519).

Magistrates of the Second Class shall, as such, in addition to the powers mentioned in section twenty-two, have the following power:

(1.) Power to order the Police to investigate an offence in which the Magistrate has jurisdiction to try or to commit for trial (s. 110).

In addition to the powers given and referred to in section twenty-four, a Magistrate of the Second Class may he invested with the following powers:

(a.) By the Local Government

(1.) Power to hold inquests (s. 135).

(2.) Power to entertain complaints and receive Police reports in cases in which he has jurisdiction to try or to commit for trial (s. 141).

(3.) Power to entertain without complaint cases which he has jurisdiction to try or to commit for trial (s. 142).

(4.) Power to commit for trial (s. 143).

(5.) Power to issue order to prevent obstruction, &c. (s. 518).

(6.) Power to issue order prohibiting repetition of nuisance (s. 519).

(b.) By the Magistrate of the District

(1.) Power to hold inquests (s. 135).

(2.) Power to entertain complaints and receive Police reports in cases in which he has jurisdiction to try or to commit for trial (s. 141).

(3.) Power to issue order to prevent obstruction, &c. (s. 518).

(4.) Power to issue order prohibiting repetition of nuisance (s. 519).

Magistrates of the First Class shall, as such, in addition to the powers mentioned in sections twenty-two and twenty-four, have the following powers:

(1.) Power to commit for trial (s. 143).

(2.) Power to issue search-warrant otherwise than in the course of an inquiry (s. 377).

(3.) Power to demand security to keep the peace (s. 491).

(4.) Power to demand security for good behaviour (ss. 504 and 505).

(5.) Power to make orders, &c., in possession cases (s. 530).

(6.) Power to make orders of maintenance (s. 536).

In addition to the powers given and referred to in section twenty-six, a Magistrate of the First Class may he invested with the following powers:

(a.) By the Local Government

(1.) Power to make over cases taken up on complaint, &c., to a Subordinate Magistrate (s. 44).

(2.) Power to hold inquests (s. 135).

(3.) Power to entertain complaints of offences, and receive Police reports (s. 141).

(4.) Power to entertain cases without complaint (s. 142).

(5.) Power to issue process for person within jurisdiction who has committed an offence outside Magistrate's local jurisdiction (s. 157).

(6.) Power to try summarily (s. 322).

(7.) Power to hear appeals from convictions by Magistrates of the second and third classes (s. 266).

(8.) Power to sell suspicious or stolen property (s. 417).

(9.) Power to issue order to prevent obstruction, &c. (s. 518).

(10.) Power to issue order prohibiting repetition of nuisance (s. 519).

(11.) Power to make orders, &c., in local nuisance cases (s. 521).

(b.) By the Magistrate of the District

(1.) Power to hold inquests, (s. 185).

(2.) Power to entertain complaints of offences, and receive Police reports (s. 141).

(3.) Power to issue order to prevent obstruction, &c. (s. 518).

(4.) Power to issue order prohibiting repetition of nuisance (s. 519).

Magistrates who, under the provisions of section forty, are Magistrates of Divisions of Districts shall, as such, have all the powers given to Magistrates of the First Class, and referred to in section twenty-six, and, in addition, shall have the following powers:

(1.) Power to make over cases to a Subordinate Magistrate (s. 44).

(2.) Power to pass sentence on proceedings recorded by a Subordinate Magistrate (s. 46).

(3.) Power to withdraw cases, but not appeals, and to try or refer them for trial (s. 47).

(4.) Power to hold inquests (s. 135).

(5.) Power to entertain complaints of offences, and receive Police reports (s. 141).

(6.) Power to entertain cases without complaint (s. 142).

(7.) Power to issue process for person within jurisdiction who has committed an offence outside Magistrate's local jurisdiction (s. 157).

(8.) Power to sell suspicious or stolen property (s. 417).

(9.) Power to issue order to prevent obstruction, &c. (s. 518).

(10.) Power to issue order prohibiting repetition of nuisance (s. 519).

(11.) Power to make orders in local nuisance cases (s. 521).

Provided that, if a Magistrate of a Division of a District exercise the powers of a Magistrate of the Second Class, he shall not have power to demand security to be of good behaviour.

In addition to the powers given and referred to in section twenty-eight, the Local Government may confer on a Magistrate of a Division of a District, exercising the powers of a Magistrate of the First Class, the following powers:

(1.) Power to try summarily, (s. 222).

(2.) Power to hear appeals from convictions by Magistrates of the second and third classes (s. 266).

Magistrates of Districts may, as such, exercise all the powers mentioned in section twenty-one.

All other powers given by this Act or by any other law in force may be exercised by the officers or Courts to whom or to which they are given.

If any Magistrate, not being empowered by law in that behalf, does any one of the following things:

(1.) If he makes over a case, taken up on complaint, &c., to another Magistrate,

(2.) If he withdraws a case and tries it himself, or refers a case for trial,

(3.) If he orders the Police to investigate an offence,

(4.) If lie holds an inquest,

(5.) If he entertains a complaint or receives a Police report,

(6.) If he issues process for the apprehension of a person within his local jurisdiction who has committed an offence outside his local jurisdiction,

(7.) If he issues a search-warrant otherwise than in the course of an inquiry,

his proceedings shall not he set aside on the ground that he was not so empowered.

If any Magistrate, not being empowered by law, commits an accused person to take his trial before a Court of Session or High Court, the Court to which the commitment was made may, after perusal of the proceedings, accept the commitment if it considers that the accused person has not been prejudiced, unless the accused person has objected to the jurisdiction of the committing Magistrate during the inquiry and before the order of commitment.

If such Court considers that the accused person was prejudiced, or if he objected to the jurisdiction of the committing Magistrate during the inquiry and before the order of commitment, it shall quash the commitment, and direct a fresh inquiry by a competent Magistrate.

If any Magistrate, not being empowered by law in that behalf, does any of the following things, his proceedings shall he void; that is to say:

(1.) If he passes a sentence on proceedings recorded by another Magistrate,

(2.) If he entertains a case without complaint,

(3.) If he attaches and sells property under section one hundred and seventy-two,

(4.) If he tries an offender summarily,

(5.) If he decides an appeal,

(6.) If he calls for proceedings,

(7.) If he issues a search-warrant for a letter in the Post Office,

(8.) If lie revises a bail order,

(9.) If be sells suspicious or stolen property under section four hundred and seventeen,

(10.) If lie demands security to keep the peace,

(11.) If he discharges recognizances to keep the peace,

(12.) If he demands security for good behaviour,

(13.) If he discharges a person lawfully bound to be of good behaviour,

(14.) If he makes an order in a local nuisance case,

(15.) If he issues an order to prevent an obstruction,

(16.) If he prohibits the repetition of a nuisance,

(17.) If he makes an order in a possession ease, or

(18.) If he makes an order for maintenance.

In every district there shall be a Magistrate of the First Class appointed by the Local Government, who shall be called the Magistrate of the District and shall exercise throughout his district all the powers of a Magistrate.

In the territories subject to the Lieutenant-Governor of the Panj b, and in the territories administered by the Chief Commissioners of Oudh, the Central Provinces and British Burma, in Coorg, and in those parts of the other provinces in which there are Deputy Commissioners or Assistant Commissioners, the Local Government may invest the Deputy Commissioner, or other chief officer charged with the executive administration of the district in criminal matters, with power to try as a Magistrate all offences not punishable with death, and to pass sentence of imprisonment for a term not exceeding seven years, including such solitary confinement as is authorized by law, or of fine, or of whipping, or any combination of these punishments authorized by law; but any sentence of upwards of three years' imprisonment passed by any such officer shall be subject to the confirmation of the Sessions Judge to whom such Deputy Commissioner is subordinate. Such Sessions Judge may either confirm, modify or annul any sentence referred for confirmation.

The Local Government may appoint as many other persons, besides the Magistrate of the. District, as it thinks fit, to he Magistrates of the first, second or third class in the District.

All such Magistrates shall be subordinate to the Magistrate of the District, but neither, the Magistrate of the District nor the Subordinate Magistrates shall he subordinate to the Sessions Judge, except to the extent and in the manner provided by this Act.

Proviso. The Local Government shall not have power to direct that any Magistrate may try any offence which Magistrates of his class are not authorized to try, or pass any sentence which Magistrates of his class are not authorized to pass by section twenty.

The Local Government may, by notification in the official Gazette, prescribe the local limits of the jurisdiction of a Magistrate of the District, and may, by such notification, from time to time alter such local limits.

The Local Government may divide any district into divisions, and from time to time alter their limits. All existing divisions of districts, which are now usually put under the charge of a Magistrate, shall he divisions until their limits are so altered.

The Local Government may place any Magistrate of the first or second class in charge of a division of a district.

Such Magistrate shall be called a Magistrate of a Division of a District, and shall exercise the powers conferred on him under this Act, or under any law for the time being in force, subject to the control of the Magistrate of the District.

Delegation of power to Magistrate of District. The Local Government may, if it thinks fit, delegate its powers under this section to the Magistrate of the District.

Every Magistrate in a division of a district shall be subordinate to the Magistrate of the Division of the District, subject, however, to the general control of the Magistrate of the District.

42. Special Magistrates. The Local Government may confer upon any person all or any of the powers of a Magistrate of the first, second or third class, in respect to particular offences, or to a particular class or particular classes of offences, or in regard to offences generally, in any part of a district, or in any one or more districts, subject to such Local Government.

Such Magistrates shall he called Special Magistrates.

In conferring powers under this Act, the Local Government may empower persons specially by name, or classes of officials generally by their official titles.

The Magistrate of the District, or any Magistrate of a Division of a District, may make over any criminal case taken up by him on suspicion, or brought before him on complaint or on report by the Police, for inquiry or trial to any Magistrate subordinate to him, to he dealt with to the extent of the powers with which the Subordinate Magistrate may have been invested under the provisions herein before contained.

The Magistrate making the reference may, if the case was brought forward on complaint, before such reference, examine the complainant as prescribed in this Act but if he does not do so, the Magistrate to whom the case is referred shall proceed as if the complaint had been made to him.

The order of reference shall he recorded in a proceeding, and, 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 the Magistrate to whom the case has been referred.

The Magistrate making the reference may, if he thinks proper, retransfer to his own file the case referred under paragraph one of this section, and when he has done so, and not before, may proceed therein.

If, in the course of a proceeding before a 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 any Magistrate to whom he is subordinate, or to such other Magistrate, having jurisdiction, as the Magistrate of the District directs.

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 proceedings before the Magistrate before whom the case was originally brought, shall be admissible as evidence in all subsequent proceedings.

Whenever a Magistrate of the second or third class, having jurisdiction, finds an accused person guilty, and considers that he ought to receive a more severe punishment than such Magistrate is competent to adjudge, he may record the finding and, if sentence has not been passed, may submit his proceedings, and forward the accused person, to the Magistrate of the District, or to the Magistrate of the Division of the District, to whom he is subordinate.

The Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties, and recall and examine any witness who has already given evidence in the case; and may summon any further witnesses and take their evidence; and shall pass such judgment, sentence or order in the case as he deems proper, and as, is according to law: Provided that he shall not exceed the powers ordinarily exercisable by him under section twenty of this Act.

Magistrate may, in the first instance, commit accused for trial before Court of Session. The Magistrate who originally dealt with the case may, if he is empowered to hold inquiries into cases triable by the Court of Session and to commit persons to take their trial before such Court, instead of submitting his proceedings to another Magistrate, commit the accused person for trial before the Court of Session instead of finding him guilty.

Magistrates of Districts and Magistrates of Divisions of Districts may respectively withdraw any criminal case from any Magistrate subordinate to them, and may inquire into or try the case themselves, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

Magistrates of Districts may withdraw any criminal appeal from any Subordinate Magistrate who has been authorized to hear appeals from the convictions of Magistrates of the second and third classes, and may refer criminal appeals to any competent Magistrate subordinate to them.

The Local Government may authorize the Magistrate of the District to withdraw from the Magistrates subordinate to him, whether in charge of divisions of districts or not, either such classes of cases as he thinks proper, or particular classes of cases.

The Magistrate of the District, under the general or special orders of the Local Government, may authorize any Magistrate subordinate to him to entertain complaints arising within certain local limits, and may from time to time vary such orders: Provided that no such Magistrate shall be authorized to entertain any complaint of any offence which he is not competent to try or to commit for trial.

The Local Government may direct any two or more Magistrates to sit together as a bench, and may invest such bench with the powers of a Magistrate of the first, second or third class, and direct it to try such cases, or such classes of cases, only, and within such limits, as it thinks fit.

In the absence of any special direction as to the powers of any such bench, it shall have the powers of a Magistrate of the highest class to which a any one of its members belongs, and who is present taking part in the proceedings.

The Magistrate of the District may, subject to the general orders of the Local Government, make rules for the guidance of Magistrates' benches in his district.

Such rules shall not be inconsistent with the provisions of this Act, and may deal with the following subjects:

The classes of cases to be tried;

The times and places of sitting;

The constitution of the bench for conducting trials;

The mode of settling differences of opinion which may arise between the Magistrates in Session.

The Magistrate of the District may, subject to the like orders, vary or annul, from time to time, any rules made by himself or by his predecessor under the last preceding section.

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

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

Whenever any person holding an office in the service of Government, who has been invested with any powers, under this Act or any enactment hereby repealed, in any district, is transferred to an equal or higher office of the same nature within another district, he shall, unless the Local Government otherwise directs, continue to exercise the same powers in the district to which he is so transferred.

OF PUBLIC PROSECUTORS

The Local Government may, if it thinks proper, appoint officers to be called public prosecutors.

Public prosecutors may he appointed either for a particular case, or for particular classes of cases, or for all cases throughout the whole or any part of any province.

Any Court inquiring into or trying any case may permit any person to conduct the case as prosecutor; but no person shall he entitled to do so without such permission. Any person permitted to prosecute may conduct the prosecution personally or by counsel.

The public prosecutor may appear and plead, without any written authority, before all Courts in which any case under his charge is under inquiry, trial, or appeal; and if any private person instructs any barrister, attorney, pleader or vakil to prosecute any person in any case under the charge of the public prosecutor, the public prosecutor shall have the management of the case, and such, other person shall act under his directions.

The public prosecutor may, with the consent of the Court, withdraw any charge against any person in any case of which he is in charge; and upon such withdrawal, if it is made whilst the case is under inquiry, the accused person shall he discharged. If it is made when he is under trial, the accused person shall be acquitted.

If an appeal is brought in any case in which any person prosecuted by the public prosecutor has been convicted, notice of such appeal and a copy of the grounds of appeal shall be given to such public prosecutor by the Appellate Court, and the Court shall also give him due notice of the time and place at which such appeal is to he heard.

THE PLACE OF INQUIRY AND TRIAL

Every offence shall he inquired into, and, if tried by a Magistrate, shall be tried in the district in which it was committed. If tried by a Court of Session, it shall he tried by that Court of Session to which the Magistrate commits.

Magistrates shall ordinarily commit to the Court of Session for the Sessions Division in which the district to which they are appointed is situated; but the Local Government may direct that any cases or class of cases committed in any district may he tried in any Sessions Division.

Explanation. Offences created by local and special laws may be inquired into and tried in any place where the inquiry or trial might be held under the provisions of those laws or of this Code.

Whenever it appears to the High Court that such order will promote the ends of justice, or tend to the general convenience of the parties or witnesses, it may direct the transfer of any particular criminal case or appeal, or class of cases or appeals, from a Criminal Court subordinate to its authority, to any other such Criminal Court of equal or superior jurisdiction,

or may order that any offence shall he inquired into or tried in any district or division of a district, other than that in which the offence has been committed, or that it shall be tried before itself. If the High Court withdraws any case from any other Court for trial before itself, it shall observe the same procedure which that Court would have observed if the case had not been so withdrawn:

Provided that the orders issued under this section shall not be repugnant to orders issued by the Local. Government: under the last preceding section.

When a person is accused, of the commission of any offence by reason of anything which has been done, or of anything which has been omitted to be done, and of any consequence which has ensued, such; offence may be inquired into or tried in any district in which any such thing has been done, or omitted to he done, or any such consequence has ensued.

(a.) A is wounded in the district of X and dies in district Z. The offence of the culpable homicide of A may be inquired into and tried either in X or Z.

(b.) A is wounded in the district of X and is, during twenty days, unable to follow his ordinary pursuits in the district Y, where he is being treated. The offence of causing grievous hurt to A may he inquired into and tried either in X or Y.

(c.) A is put in fear of injury in district X, and is thereby induced, in the district of Y, to deliver, property to the person who put him in fear. The offence of extortion committed on A may be inquired into and tried either in district X or district Y.

When an act is an offence by reason of its relation to any other act which is also an offence, a charge of the first mentioned offence may he inquired into and tried, either in the district in which it happened, or in the district in which the offence with which it was so connected happened.

(a.) A charge of abetment may be inquired into and tried, either in the district in which the abetment was committed, or in the district in which the offence abetted was committed.

(b.) A charge of receiving or retaining stolen goods may be inquired into and tried, either in the district in which the goods were stolen, or in any district in which any of them, were at any time dishonestly received or retained.

(c.) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into and tried in the district in which the wrongful concealing or in the district in which the kidnapping took place.

(d.) A, B, C and others combine together to abet the waging of war against the Queen. Any of the conspirators may be tried in any district in which acts were done by any one of the persons with whom he or they conspired, in pursuance of the original concerted plan and with reference to the common object.

When it is uncertain in which of several districts an offence was committed; or

or not in one district only; where an offence is committed partly in one district and partly in another; or

or offence is continuing; where the offence is a continuing one and continues to be committed in more districts than one; or

or consist of several acts; where it consists of several acts done in different districts, it may be inquired into and tried in any one of any of such districts.

it may be inquired in to an tried in any one of any such districts.

(a.) An offence committed on a journey or voyage may be inquired into and tried in any district through which the person by whom the offence was committed, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage.

(b.) An offence committed near the boundary between two districts may be inquired into and tried in either.

(c.) A charge of being a thug, or of having-belonged to a gang of d k its, may be inquired into and tried wherever the person charged happens to be when the charge is made.

(d.) A charge of having escaped from custody may be inquired into and tried wherever the person charged happens to be when the charge is made.

(e.) A charge of criminal misappropriation, or of criminal breach of trust, may be inquired into and tried, either in the district in which the property which is the subject of the offence was received, or in the district or districts in which the whole or any part of it has been misappropriated, or where the offence of criminal breach of trust has been wholly or partly committed.

(f.) A steals a buffalo from B in district W, and personally, or by his agents, conveys the buffalo through districts X and Y into district Z. This is a continuing offence, and A may be tried either in W, X, Y or Z.

The offence of murder as a thug, d k it or d k it with murder may be inquired into and tried wherever the person accused may happen to be when arrested, or in any other district in which he might be tried under any other provision, of this Code, or any other law relating to the trial of such offence.

Whenever any doubt arises as to the district in which any offence should he inquired into or tried, the High Court within whose jurisdiction the offender is apprehended may decide in which district the offence shall he inquired into or tried.

No sentence or order of any Criminal Court shall be liable to be set aside merely on the ground that the investigation, inquiry or trial was held in a wrong district or Sessions Division, unless it is proved, or appears, that the accused person was actually prejudiced in his defence, or the prosecutor in his prosecution, by such error, in either of which cases a new trial may he ordered.

OF CRIMINAL JURISDICTION OVER EUROPEAN BRITISH SUBJECTS

71. European British subjects. The expression European British subjects means in this Act

(1.) All subjects of Her Majesty, born, naturalized or domiciled, in the United Kingdom of Great Britain and Ireland, or in any of the European, American, or Australian Colonies or Possessions of Her Majesty, or in the Colony of New Zealand, or in the Colony of the Cape of Good Hope or Natal.

(2.) The children and grandchildren of any such person by legitimate descent.

No Magistrate, or Justice of the Peace, or Sessions Judge shall have jurisdiction, to inquire into a complaint or try a charge against a European British subject, unless fie is himself a European British subject.

No Magistrate, shall have such jurisdiction unless he is a Magistrate of the first class and a Justice of the Peace.

No Justice of the Peace shall have such jurisdiction unless he is a Magistrate of the first class.

Any Magistrate who is authorized by law to entertain complaints may entertain, against European. British subjects, such complaints as he is authorized to entertain in the case of other persons.

If he issues any process for the purpose of compelling the appearance of a European British subject accused of an offence, such process must he returnable before a Magistrate competent to inquire into or try the case.

Any competent Magistrate may inquire into complaints of any offence made against a European British subject.

If the offence complained of is a Magistrate's case, and can, in the opinion of such Magistrate, he adequately punished by him, he shall proceed as is herein after in this Code directed, according to the nature of the offence; and, on conviction, may pass on such European British subject any sentence warranted by law, not exceeding three months' imprisonment, or fine up to one thousand rupees, or both.

When the offence complained of cannot, in the opinion of such Magistrate, be adequately punished by him, and is not punishable with death or with transportation for life, such Magistrate shall, if he thinks that the accused person ought to be committed, commit him to the Court of Session.

When commitment is to be to High Court. When the offence complained of is punishable with death or transportation for life, the commitment shall be to the High Court.

Sessions Judges or Additional Sessions Judges, and, when specially empowered in that behalf by the Local Government, Assistant Sessions Judges who are European British subjects and who have been Assistant Sessions Judges for not less than three years, may pass on European British subjects any sentence warranted by law, not exceeding one year's imprisonment, or fine, or both.

When Sessions Judge finds his powers inadequate. If, at any stage of the proceedings, the Sessions Judge thinks the offence cannot be adequately punished by such a sentence he shall record his opinion to that effect and transfer the case to the High Court. The Sessions Judge may either himself bind over, or; direct the committing Magistrate to hind over, the complainant and witnesses to appear before such High Court.

If the Sessions Judge of the Sessions Division within which the offence is ordinarily triable is not a European British subject, the case shall he reported by the committing Magistrate for the orders of the High Court.

Trials of European British subjects before the Court of Session shall he conducted according to the provisions of chapter XIX.

In trials with assessors not less than half the number of assessors, and in trials by jury not less than, half the number of jurors, shall he European British subjects.

Any European British subject who is convicted by a competent Magistrate, of any offence, may appeal either to the Court of Session or to the High Court.

Any European British subject who is convicted of any offence by any Court of Session, may appeal to the High Court.

Any European British subject who is detained in custody by any person, and who considers such detention unlawful, may apply to the High Court which would have jurisdiction over him in respect of any offence committed by him at the place where he is detained, or to which he would be entitled to appeal from any conviction for any such offence, for an order directing the person detaining him to bring him before the said High Court to abide such further order as may be made by it. The High Court, if it thinks fit, may, before issuing such order, inquire, on affidavit or otherwise, into the grounds on which it is applied for, and grant or refuse such application; or it may issue the order in the first instance, and, when the person applying for it is brought before it, it may make such further order in the case as it thinks fit, after such inquiry as it thinks necessary.

The High Courts may issue such orders throughout the territories over which they have jurisdiction, and over such other places as the Governor General in Council may direct.

Neither the High Courts nor any Judge of such High. Courts shall issue any writ of habeas corpus, mainprise, de homine replegiando, nor any other writ of the like nature, beyond the Presidency towns.

When any person claims to be dealt with as a European British subject, he shall state the grounds of such claim to the Magistrate before whom he is brought for the purposes of the inquiry or trial; and such Magistrate shall, on such statement, decide whether he is or is not a European British subject, and shall deal with him accordingly; and if any such person is dissatisfied with such decision, the burden of proving that it was wrong shall be upon him. If the Magistrate decide that the accused person is not a European British subject, the trial shall proceed, but such decision shall form a ground of appeal.

If a European British subject does not claim to he dealt with as such before the Magistrate before whom he is tried or committed, he shall he held to have waived his privilege as such European British subject.

If the Magistrate has reason to believe that any person brought before him is a European British subject, it is his duty to ask him whether he is one or not.

If a person who is not a European British subject is dealt with as such and does not object, the proceedings shall he valid.

All High Courts shall deal with proceedings against European British subjects outside of the Presidency towns in the manner in which they are empowered by this Act, or by any other law in force for the time being, to deal with the proceedings of Magistrates outside the Presidency towns; and not according to the law of England relating to the dealings of the superior Courts in England with the proceedings of Justices of the Peace in England.

The High Courts shall have the same powers with respect to the inquiries and charges against European British subjects, as Courts of Session have with respect to inquiries and charges against other persons.

All Magistrates and Courts of Session, proceeding against European British subjects under this chapter, shall proceed under the provisions of this Act, and not according to the law of England relating to Justices of the Peace; and all the provisions of this Act, not inconsistent with the provisions of this chapter, shall apply to such proceedings.

European British subjects sentenced to imprisonment shall be confined in such places as the Local Government may either specially or generally appoint.

OF THE POLICE

OFFENCES OF WHICH INFORMATION MUST BE GIVEN TO THE POLICE, AND DUTY OF THE PUBLIC

Every person aware of the commission of any offence made punishable under sections one hundred and twenty-one, one hundred and twenty-one, one hundred and twenty-two, one hundred and twenty-three, one hundred and twenty-four, one hundred and twenty-four A, one hundred and twenty-five, one hundred and twenty-six, one hundred and thirty, three hundred and two, three hundred and three, three hundred and four, three hundred and eighty-two, three hundred and ninety-two, three hundred and ninety-three, three hundred and ninety-four, three hundred and ninety-five, three hundred and ninety-six, three hundred and ninety-seven, three hundred and ninety-eight, three hundred and ninety-nine, four hundred and two, four hundred and thirty-five, four hundred and thirty-six, four hundred and forty-nine, four hundred and fifty, four hundred and fifty-six, four hundred and fifty-seven, four hundred and fifty-eight, four hundred and fifty-nine or four hundred and sixty of the Indian Penal Code, shall, in the absence of reasonable excuse, the burthen of proving which shall lie upon such person, give information of the same to the nearest Police officer or Magistrate.

Every Village Headman, Village Watchman, owner or occupier of land, or the agent of any such owner or occupier, and every Native officer employed in the collection of revenue or rent of land on the part of Government or the Court of Wards, is bound forthwith to communicate to the nearest Magistrate, or to the officer in charge of the nearest Police-station, any information which he may obtain respecting

(a.) the residence of any notorious receiver or vendor of stolen property at the village of which he is headman or watchman, or in which he owns or occupies land, or collects rent or, revenue, as the case may be;

(b.) the resort to any place within the limits of such village of any person or persons known or reasonably suspected of being a thug or robber;

(c.) the commission or intention to commit suttee or other non-bailable offence at or near such village;

(d.) the occurrence of any sudden or unnatural death.

Every person is hound to assist a Magistrate or Police officer demanding his aid

in the prevention of a breach of the peace,

or in the suppression of a riot or an affray,

or in the taking of any other person whom such Magistrate or Police officer is authorized to arrest.

OF ARREST WITHOUT WARRANT

A Police officer may, without orders from a Magistrate and without a warrant, arrest

Firstly. Any person who, in the sight of such Police officer, commits a cognizable offence:

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 has been proclaimed, either under this Act, or in a District or Police Gazette or Notification:

Fifthly. Any person found with property in his possession which may reasonably be suspected to be stolen property:

Sixthly. Any person who obstructs a Police officer while in the execution of his duty, or who escapes from lawful custody, and

Seventhly. Any person reasonably suspected of being a deserter from Her Majesty's Army or Her Majesty's Indian Army.

Any person known to have committed, or suspected of having committed, an offence for which Police officer is not authorized to arrest without a warrant, and who refuses on demand of a Police officer to give his name and residence,

or gives 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 shall, within twenty-four hours, be forwarded to the Magistrate having jurisdiction, unless before that time his true name and residence are ascertained, in which case such person shall be forthwith released.

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 he stolen,

or who is of notoriously had livelihood.

Every Police officer shall prevent, and may interpose for the purpose of preventing, the commission of any cognizable offence.

Every Police officer receiving information of a design to commit any such offence, shall 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.

A Police officer knowing of a design to commit any such offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if the commission of the offence cannot he otherwise prevented.

A Police officer may, of his own authority, interpose for the prevention of any injury attempted to he committed in his view to any public property, moveable or immoveable.

or to prevent the removal or injury of any public land-mark, or buoy or other mark used for navigation.

If necessary, such Police officer may detain the person doing such injury according to the provisions of section ninety-three.

If there is reason to believe 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 search therein.

If ingress to such house or place cannot he obtained under section ninety-nine, 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 any Magistrate having jurisdiction.

If a warrant cannot 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.

A Police officer making an arrest under this chapter shall, without unnecessary delay, take or send the person arrested before the Magistrate having jurisdiction in the ease, or before the officer in charge of a Police-station.

When any officer in charge of a Police-station requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested by such officer without a warrant, he shall deliver to the Police officer required to make the arrest an order in writing, specifying the person to he arrested, and the offence for which the arrest is to he made.

The provisions of sections ninety-one and one hundred and seventy-six to one hundred and eighty-two (both inclusive) shall apply to every order in writing issued under this section.

For the purpose of arresting any person accused of a cognizable offence, a Police officer may pursue any such person into the limits of the local jurisdiction of another Police officer, whether subordinate to the same Magistrate as himself, or to the Magistrate of any other District, and whether such place be in the same Province or not.

Any person attending a Criminal Court, although not upon an arrest or summons on a complaint made, may he detained by such Court 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 complaint made.

When the detention takes place in the course of an inquiry under chapter XV, or after a trial has been begun, the proceedings in respect of such person shall be commenced afresh and the witnesses reheard.

Any private person may arrest any person who, in his view, commits a non-bailable and cognizable offence.

The master or mate of a British merchant ship may, either with or without the assistance of the Police, who are bound to aid if so required by such master or mate, arrest seamen or apprentices duly engaged under the Statute 17 & 18 Vic., cap. 104, or other law for the time being in force relating to merchant shipping, who refuse to join or desert from the vessel in which they contracted to serve.

Such arrest shall be made only at the request and on the responsibility of such master or mate, and he shall be required by the Police to accompany the arrested person, should he be apprehended, before the Magistrate having jurisdiction; and it shall be the duty of such master or mate to obey such requisition.

A private person making an arrest under this chapter shall forthwith make over the person arrested to a Police officer; and, in the absence of a Police officer, shall take such person to the nearest Police-station. The Police shall deal with such person according to the provisions of section ninety-two or ninety-three, as the case may be, and shall not arrest or detain him unless he appears to be liable to arrest or detention under the section applicable.

When any offence is committal in the presence of a Magistrate, he 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.

POWERS OF THE POLICE TO INVESTIGATE

An officer in charge of a Police-station may, without order of a Magistrate, investigate any offence cognizable by the Police.

A Police officer may not, without the order of a Magistrate of the first or second class, investigate an offence not cognizable by the Police.

A Magistrate of the first or second class may, as provided in sections twenty-four and twenty-six, order the Police to investigate; and, on receipt of an order to investigate a non-cognizable case, a Police officer may exercise the same powers in respect of the investigation as in a cognizable case.

Nothing in section one hundred and ten shall be held to interfere with the exercise of any powers vested in a Police officer by any special or local law, or with the performance of any duty which is imposed upon a Police officer by any such special or local law.

Every complaint preferred to an officer in charge of a Police-station shall he reduced into writing, and shall he signed, sealed, or marked by the person making it; and the substance thereof shall he entered in a hook to be kept by such officer in the form prescribed by the Local Government.

If a complaint is preferred to an officer in charge of a Police-station, of the commission within his local jurisdiction of an offence which is not cognizable by the Police, the Police officer shall enter the substance of it in the station diary, and shall refer the complainant to the Magistrate.

If, from information or otherwise, an officer in charge of a Police-station has reason to suspect the commission, within his local jurisdiction, of an offence cognizable by the Police, 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 investigate the facts and circumstances of the case, and to take such measures as may be necessary for the discovery and apprehension of the offender.

Police officers shall investigate offences committed within the local limits of their jurisdiction; but they may investigate offences committed outside of those limits, in cases in which a Magistrate might, under the provisions of chapter VI, inquire into an offence not committed within his district.

No such proceeding shall, at any stage, be called in question on the ground that such offence was not committed within such officer's local jurisdiction.

Such Magistrate, on receiving intimation of the commission of any such offence, may at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into or otherwise to dispose of such case in the manner provided in this Act.

Provided that, when any complaint is made against any person by name and the case is not of a serious nature, the officer in charge of a Police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot, unless such local investigation appears to he necessary.

Provided that, if it appear to the officer in charge of a Police-station that there is no sufficient ground for entering on an investigation, 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.

Such report shall he submitted through such superior officer of Police as the Local Government shall, by general or special order, in that behalf appoint. Such superior officer may give such instructions to the officer in charge of the Police-station as he deems fit, and shall, after recording such instructions on such report, transmit the papers without delay to the Magistrate having jurisdiction.

An officer in charge of a Police-station, or other officer making an investigation, may, by an order in writing, require the attendance before himself of any person, being within the limits of his own or any adjoining station, who, from the statement of the complainant or otherwise, appears to be acquainted with the circumstances of any case which such officer is investigating; and such person shall attend as required and shall answer all questions relating to such case put to him by such officer:

Provided that no person shall he bound to answer any question tending to criminate himself.

An officer in charge of a Police-station, or other Police officer making an investigation, may examine orally any person supposed to be acquainted with the facts and circumstances of the case, and may reduce into writing any statement made by the person so examined.

Such person shall be bound to answer all questions relating to such ease, put him by such officer, other than questions criminating himself.

Proviso. No statement so reduced into writing shall he signed by the person making it, nor shall it be treated as part of the record or used as evidence.

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, whether such person is under arrest or not.

But no Police officer or other person shall prevent the person arrested, by any caution or otherwise, from making any disclosure which he may he disposed to make of his own free will.

No Police officer shall record any statement, or any admission or confession of guilt, which maybe made before him by a person accused of any offence:

Proviso. Provided that nothing in this section shall preclude a Police officer from reducing any such statement or admission or confession into writing for his own information or guidance, or from giving evidence of any dying declaration.

Any Magistrate may record any statement: made to him by any person, or any confession made to him by any person, accused of an offence by any Police officer or other person. Such statements shall be recorded in the manner herein after prescribed for recording evidence, and such confessions shall he taken in the manner provided in sections three hundred and forty-five and three hundred and forty-six, and shall, when recorded, be forwarded to the Magistrate by whom the case is inquired into or tried. No Magistrate shall record any such confession unless, upon inquiry, he has reason to believe that it was made voluntarily, and he shall make a memorandum at the foot of any such confession to the following effect:

I believe that this confession was voluntarily made.

(Signed) A.B.,

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 shall forward him under custody to the Magistrate having jurisdiction, and shall bind over the complainants, if any, and so many of the persons who appear to he acquainted with the circumstances of the case as may be necessary, to appear on a fixed day before such Magistrate, and to remain in attendance till otherwise directed.

When any subordinate Police officer has made any investigation under this chapter, he shall, if so required by the officer in charge of the Police-station, submit a report of such investigation to him; or he may do so without such requisition; and the officer in charge of the Police-station shall then proceed as if he had made the investigation himself.

No Police officer shall detain an accused person in custody for a longer period than, under all the circumstances of the case, is reasonable; and such period shall not, in the absence of the special order of a Magistrate, whether having jurisdiction to inquire into or try the case or not, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

If the investigation has not been completed within twenty-four hours and no such special order has been passed, and if there are grounds for believing that the accusation is well founded, the officer in charge of the Police-station shall forward the accused person to the Magistrate having jurisdiction, with a statement of the offence for which he has been arrested.

A Magistrate authorizing detention under this section shall record his reasons for so doing.

If such order be given by a Magistrate other than the Magistrate of the District or of a Division of a District, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is subordinate.

If it appears to the officer in charge of the Police-station that there is not sufficient evidence or reasonable ground of suspicion to justify the transmission of an accused person to the Magistrate, such officer shall release the accused person 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 having jurisdiction. Such report shall be submitted through the superior officer of Police mentioned in section one hundred and seventeen, who may, pending the orders of the Magistrate, give instructions as to the conduct of the investigation.

A Police officer making an investigation under this chapter shall day by day enter his proceedings in the investigation in a diary, setting fort 11 the time at which the complaint or other information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained by his investigation.

Any Criminal Court may send for the Police diaries of a case under inquiry or trial in such Court, and may use such diaries to aid it in such inquiry or trial Neither the prisoner nor his agents shall be entitled to call for them, nor shall he or they he entitled to see them merely because they are referred to by the Court; but if they are used by the Police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such Police officer, the provisions of the law relating to documents used for such purposes shall apply to them.

The investigation shall he completed without unnecessary delay, and, as soon as it is completed, the Police officer making the same shall forward to the Magistrate having jurisdiction a report in the form prescribed by the Local Government, setting forth the names of the parties, the nature of the complaint, and the names of the persons who appear to be acquainted with the circumstances of the case, and shall also send to such Magistrate any weapon or article which it may he necessary to produce before him.

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, the Police officer shall state the fact and the cause of his detention.

A person accused of any non-bailable offence shall not he admitted to hail if there appear reasonable ground for believing that he has been guilty of the offence imputed to him:

But a person accused of any bailable offence shall he admitted to bail, if sufficient hail he tendered for his appearance before the Magistrate having jurisdiction in respect of the offence.

The hail to he taken under section one hundred and twenty-eight shall not he excessive; and the surety or sureties shall hind himself or themselves under a specific penalty to produce the accused person before the Magistrate on or before a fixed day, and from day to day, until otherwise directed, to answer the complaint.

Every complainant and other person acquainted with the facts and circumstances of the case, whose attendance before the Magistrate having jurisdiction is deemed Necessary by the Police officer making the investigation, shall execute a recognizance in the Form (F) given in the second schedule hereto, or to the like effect, for appearance before the Magistrate having jurisdiction in respect of the offence on a fixed day.

If the Court of the Magistrate of the District, or of a Magistrate of a Division of a District, be inserted in the bond, it shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided notice be given to such complainant or witness.

Such day shall be the day whereon the accused person is to appear, if he has been admitted to hail, or the day on which he may be expected to arrive at the Court of the Magistrate, if he is to be forwarded in custody.

The officer in whose presence the recognizance is executed shall, after delivering to the complainant or one of the witnesses a duplicate thereof, send it with his report to the Magistrate having jurisdiction.

No Police officer shall, except as provided in the next following section, accompany the complainant or witnesses on his or their way to the Court of the Magistrate.

A Police officer shall not subject any complainant or witness to restraint or unnecessary inconvenience, nor require him to give any security for his appearance, other than his own recognizance.

Recusant complainant or witness may be forwarded in custody. But if any complainant or witness refuses to attend, or to execute the recognizance directed in section one hundred and thirty, the officer in charge of a Police-station may forward him under custody to the Magistrate having jurisdiction, who may detain him in custody until fie executes such recognizance, or until the hearing is completed.

Officers in charge of Police-stations shall report to the Magistrate of the District, or the Magistrate of the Division of a District, the cases of all persons apprehended within the limits of their respective stations, or detained under section ninety-three, whether such persons have been admitted to bail or otherwise, under whatever law such persons may have been arrested.

Discharge of person apprehended. No person who has been apprehended by a Police officer shall he discharged, except on bail, or on his own recognizance, or under the special order of a Magistrate.

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 duly authorized, and shall 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 an investigation, and report the apparent cause of death, describing any Viark 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 he 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 of the District, or to the Magistrate of the Division of a District.

When there is any doubt regarding the cause of death, the 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, the Head of the village may also in like manner make the investigation and report to the nearest Magistrate duly authorized.

An officer in charge of a Police-station may, by an order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to he acquainted with the facts of the case. Any person so summoned shall be hound to attend and to answer all questions (other than questions which would criminate him).

If the facts do not disclose a cognizable offence to which section one hundred and twenty-seven is applicable, such persons shall not he required by the Police officer to attend a Magistrate's Court.

The nearest Magistrate, duly authorized, may hold an inquiry into, the cause of any such death, either; instead of or in addition, to the investigation held by the Police officer; and if he does so, he; shall have all the powers in conducting it which he would have in holding an inquiry into an offence, although no specific charge has been made against any person. The Magistrate holding such an inquiry shall record the evidence taken upon, it in any of the manners herein after prescribed, according to the circumstances of the case.

The powers to be: exercised by an officer in charge of a Police-station under this chapter shall he exercised, in the event of his absence from the station-house or of his illness, by the Police officer next in rank present at the Police-station, above the rank of a constable.

Officers of Police superior in rank to officers in charge of a Police-station may exercise the same powers throughout their local jurisdictions as may he exercised by officers in charge of Police-stations within the limits of such stations.

For the purposes of this Act, an Assistant District Superintendent of Police may exercise any of the powers of a District Superintendent of Police, subject to the control of such District Superintendent of Police; or, in the; absence of the District Superintendent of Police and the Assistant District Superintendent, the senior office of Police on the spot may he directed by the Magistrate of the District to exercise the powers of a District Superintendent of Police.

OF PROCEEDINGS TO COMPEL APPEARANCE

OF COMPLAINTS TO A MAGISTRATE

Proceedings to compel the appearance before a Magistrate of persons accused or suspected of offences, who have not been arrested without warrant, may be by summons or by warrant.

A summons or a warrant may be issued

(a.) Upon a report by the Police under chapter X; but if the person complained of is already in custody, no complaint, summons or warrant is necessary:

(b.) Upon information or report by a Police officer as to a non-cognizable offence. Such information or report shall be regarded as a complaint:

(c.) Upon a complaint by a private person. Any person acquainted with the facts of a case may make a complaint:

(d.) Upon suspicion entertained by a Magistrate that an offence has been committed.

The Magistrate of the District,

any Magistrate of a Division of a District, or

any Magistrate duly empowered in that behalf, in any case which he is competent to try or to commit for trial,

may entertain a complaint of an offence, whether preferred directly by the complainant, or on report of a Police officer, and may issue process, in the manner hereinafter prescribed, to compel the appearance of persons accused of such offences.

Effect of reference. Any Magistrate to whom any case is duly referred, by any Magistrate duly empowered to make such reference, may dispose of such case.

Effect of complaint or Police report. A complaint or a Police report gives jurisdiction to a competent Magistrate to inquire into or try any offence covered by the facts complained of or reported, and also to try or commit for trial any person who, at the time when the complaint or report is made, or subsequently, appears to have committed the offence disclosed.

The Magistrate of the District, any Magistrate of a Division of a District, or any Magistrate duly empowered in that behalf, in any case in which he is competent to try or to commit for trial,

may, without any complaint, take cognizance of any offence which he suspects to have been committed, and may issue process in the manner hereinafter prescribed to compel the appearance before him of persons whom he suspects to have committed any such Offence.

Complaint or sanction required in certain cases. Nothing in this or in the last preceding section shall be held to authorize a Magistrate to take cognizance of a case without complaint, when the offence falls under chapters XIX, XX or XXI of the Indian Penal Code; nor to entertain a complaint, or to take cognizance without complaint, of an offence, without sanction, where such offence, by any law in force, may not he entertained without sanction.

The Magistrate of the District, any Magistrate of a Division of a District, any Magistrate of the first class, or, any Magistrate duly empowered in that behalf, may commit any person to the Court of Session for any offence triable by such Court.

When, in order to the issuing of a summons or a Warrant against any person for any offence, a complaint is made to a Magistrate, such Magistrate, if he is competent to receive such complaint, shall examine the complainant.

The examination shall be reduced into writing in a summary manner and signed by the complainant, and also by the Magistrate.

Effect of irregularity. Where the complaint has been made by petition, and the Magistrate neglects to examine the complainant, the trial of the person accused shall not he set aside on this ground.

If the Magistrate be not competent to receive the complaint, he shall refer the complainant to a Magistrate having jurisdiction.

If the Magistrate sees cause to distrust the truth of a complaint, he may postpone the issuing of process for compelling the attendance of the person complained against, and may direct a previous inquiry or investigation to he 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 thinks fit, for the purpose of ascertaining the truth or falsehood of the complaint.

If such inquiry or investigation is made by means of some person, other than an officer exercising any of the powers of a Magistrate or a Police officer, such person shall exercise all the powers conferred by this Act on an officer in charge of a Police-station except that he shall have no power, to make an arrest.

The Magistrate, before whom such complaint is duly made may, if, after examining the complainant, there is in his judgment no sufficient ground for proceeding, dismiss the complaint.

The dismissal of a complaint shall not prevent subsequent proceedings.

Issue of process. If it appears to such Magistrate that there is sufficient ground for proceeding, he shall, if the case appears to be a summons ease, issue his summons, or, if the case appears to be a warrant case, his warrant, for causing the accused person to appear before himself or some other Magistrate having jurisdiction.

When a complaint is made before a Magistrate having jurisdiction in the case, that any person has committed, or is suspected of having committed, any offence triable by such Magistrate and punishable with fine only, or with imprisonment for a period not exceeding six months, or with both, 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.

If the Magistrate believes that the accused person is about to abscond, he may, instead of issuing a summons, issue a warrant in the first instance for the arrest of such person.

When a complaint is made before a Magistrate having jurisdiction in the case, that any person has committed, or is suspected of having committed, any offence triable by such Magistrate and punishable with imprisonment for a period exceeding six months,

or when a complaint is made before any Magistrate empowered to commit persons for trial before the Court of Session, that any person has committed, or is suspected of having committed, any offence triable exclusively by the Court of Session, or which in the opinion of such Magistrate ought to he tried by the Court of Session,

such Magistrate may issue his warrant to arrest such person, or, if he thinks fit, his summons requiring him to appear to answer such complaint.

If the person served with a summons does not appear before the Magistrate at the time mentioned in such summons, and the Magistrate is satisfied that such summons was duly served in what the Magistrate deems a reasonable time before the time therein appointed for appearing to the same,

or if it appears 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.

In cases, of whatever nature, in which the Magistrate thinks fit to issue a summons, he may, if he sees 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 such Magistrate, at any stage of the proceedings, to direct the personal attendance of the accused person.

OF THE SUMMONS

Every summons issued by a Magistrate to an accused person shall be in writing, in duplicate, and shall be signed and sealed by such Magistrate, and shall be in the Form (A) given in the second schedule to this Act, or to the like effect.

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

The summons shall be served on the accused personally, in any district where he may be, by exhibiting one of the copies and delivering or tendering the other copy to him; or, in case the accused person cannot be found, the copy may be left for him with some adult male member of his family residing with him, and the person summoned, or the person with whom the copy is left, shall sign a receipt therefor.

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.

A Magistrate may, notwithstanding the issue of 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.

The Magistrate of the District, a Magistrate of a Division of a District, or a Magistrate of the first class duly authorized in that behalf and having local jurisdiction in such District or Division of a District, may issue a summons or warrant for the apprehension of any person within such District 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 local jurisdiction of such Magistrate, he might issue a summons or warrant.

The provisions relating to a summons, its issue and service, contained in this chapter, shall be applicable to every summons issued under this Act, except a summons 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.

OF THE WARRANT

Every warrant issued by a Magistrate shall be in writing, and shall he signed and sealed by such Magistrate, and shall be in the Form (B) given in the second schedule to this Act, or to the like effect.

Effect of warrant of arrest. The warrant issued under this chapter remains in force until the person arrested is brought into the presence of the Magistrate who issued it, and so long as he remains before such Magistrate. If the person arrested is to be remanded to custody, an order must he made under section one hundred and ninety-four, or a warrant issued under section three hundred and three.

It shall he in the discretion of a Magistrate, in issuing a warrant for the arrest of any person, to direct by endorsement on the warrant that, if such person he willing and ready to give hail, in a sum to he fixed by the Magistrate, for his appearance before the Magistrate on a specified day [which sum and day shall be named in such endorsement], to answer the complaint, the officer to whom the warrant is directed shall accept such bail, and shall release from custody the person complained against.

Bail-bond to be forwarded. If bail is given, the officer shall forward the bail-bond to the Magistrate.

A warrant shall ordinarily he directed to a Police officer, but the Magistrate issuing a warrant may, if immediate execution be necessary and no Police officer he immediately available, direct it to any other person.

The Magistrate of the District may direct a warrant or warrants to landholders, farmers or managers of land, for the arrest of any escaped convict, proclaimed offender, or person who has been accused of a non-bailable offence, and who has eluded pursuit.

Such landholder or other person shall acknowledge the receipt of the warrant and shall be bound to execute it, should the person for whose arrest it was issued enter on or he in his estate, farm or land under his charge.

Should the person against whom such warrant is issued he arrested, he shall be made over to the nearest Police officer with the warrant, and such Police officer shall cause such accused person to be carried before the Magistrate having jurisdiction, unless bail may be and is taken under section one hundred and sixty.

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.

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.

A warrant directed to a Police officer may also he executed by any other Police officer whose name is endorsed upon the warrant by the officer to whom the warrant is directed or endorsed.

The Magistrate by whom a warrant of arrest is issued may attend personally for the purpose of seeing that the warrant is duly executed.

Arrest in presence of Magistrate. Any Magistrate may also at any time direct the arrest, in his presence, of any person for whose arrest he is competent to issue a warrant.

A warrant issued by a Magistrate shall ordinarily be executed in the district in which it was issued.

But if the person against whom the warrant is issued escapes, goes into, or is, in any place out of the district in which the warrant was issued, the warrant may be executed in such place.

A Magistrate may direct a warrant to be executed outside his local jurisdiction, either after endorsement by a Magistrate within whose local jurisdiction it is to be executed, or without such endorsement.

If the warrant is to be so endorsed, it may be sent by post to the Magistrate within whose local jurisdiction it is to be executed and by whom it is to be endorsed.

If the warrant is not to be endorsed, it shall be entrusted to a Police officer, to be taken, either to a Magistrate, or to a Police officer not below the rank of an officer in charge of a station, in whose local jurisdiction the warrant is to be executed.

If a warrant is executed, whether with or without endorsement, outside the district in which it was issued, the person arrested shall, unless the Magistrate who issued the warrant be within twenty miles or be nearer than the Magistrate in whose local jurisdiction the arrest was made, or unless bail be taken under section one hundred and sixty, be carried before the Magistrate in whose local jurisdiction thee arrest was made.

A Magistrate or Police officer to whom a warrant is directed for execution shall execute the same, or cause it to be executed, and any Magistrate before whom a person is brought under the provisions of section one hundred and sixty-nine shall, if the person arrested appears to be the person intended by the Magistrate who issued the warrant, direct his removal in custody to the Magistrate who issued the warrant,

or, if the offence be bailable, and the person arrested be ready and willing ti) give hail, shall take hail for his appearance before the Magistrate who issued the warrant, and the recognizance or bail-bond shall he forwarded to such Magistrate.

In this section the word Magistrate includes a Commissioner of Police and a Magistrate of Police in the Presidency towns.

If any person accused of an offence not coming within section one hundred and forty-eight absconds or conceals himself, so that, upon a warrant issued against him, he cannot be found, the Magistrate having jurisdiction shall, if he thinks, whether after taking evidence or not, that such person absconds or conceals himself for the purpose of avoiding the service of the warrant, issue a written proclamation, requiring him to appear to answer the complaint within a fixed period not less than thirty days.

Such proclamation shall be publicly read in some conspicuous place of the town or village in which the accused person usually resides, and shall be affixed on some conspicuous part of his ordinary place of abode, or on some conspicuous place of such town or village.

A copy of the proclamation shall also he affixed on some conspicuous part of such Magistrate's Courthouse.

A statement by the Magistrate to the effect that the proclamation was duly made shall he conclusive evidence of due compliance with the law.

Such Magistrate may order the attachment of any property, moveable or immoveable, or both,] belonging to the person so absconding or concealing; himself.

Such order shall authorize the attachment of any property within the jurisdiction of the Magistrate of the District in whose district it is made; and it shall authorize the attachment of any property without the jurisdiction of the Magistrate of the District, when endorsed by the Magistrate of the District in which such property is situated.

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 having jurisdiction; or by the appointment of a manages? and receiver; or by an order prohibiting the payment of rent to the absent person, as such Magistrate deems proper.

If the absent person does not appear within the time specified in the proclamation, the property under attachment shall he at the disposal of Government, but shall not be sold until the expiration of six months, unless it is of a perishable nature, or such Magistrate considers that the sale would be for the benefit of the owner.

When any person whose property has come under the disposal of Government under section one hundred and seventy-two appears or is found within two years after the attachment of the property, and proves to the satisfaction of the Court of Session or High Court trying him for the offence of which he was accused, or, if he is not tried in, or committed for trial for that offence to, either of those Courts, to the satisfaction of the Magistrate of the District, 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.

On the arrest of a person for whose apprehension a warrant has been issued under the provisions of section one hundred and fifty-seven, in respect of an offence known or suspected to have been committed in another District or Division of a District, the Magistrate who issued the warrant shall, unless lie is authorized to complete the inquiry 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 shall 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 High Court.

If the arrest was made under a warrant issued under section one hundred and fifty-seven by a Magistrate other than the Magistrate of the District, such Magistrate shall send the person arrested to the Magistrate of the District, unless the Magistrate in whose jurisdiction the offence is suspected to have been committed issues his warrant for the arrest of such person; in which case the person arrested shall be delivered to the Police officer executing such warrant, or shall lie sent to the Magistrate by whom such warrant was issued.

If the offence of which the person arrested is suspected has been committed in the jurisdiction of another Subordinate Court of the same district, the Magistrate who issued the warrant under section one hundred and fifty-seven shall send the person arrested to the Magistrate of the Division of the District in which the offence was committed.

A Police officer or other person executing a warrant of arrest shall notify the substance of the warrant to the person to he arrested, and, if required to do so, shall show the warrant to such person.

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

If a person against whom a warrant of arrest is issued forcibly resists the endeavour to arrest him, the Police officer or other person executing the warrant may use all means necessary to effect the arrest.

If there is reason to believe 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 warrant, to allow such Police officer or other person free ingress thereto, and to afford all reasonable facilities for a search therein.

The Police officer or other person 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.

If information he received that a person accused of any offence for which a warrant may issue is concealed in an 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 employed to execute the warrant shall take such precautions as may be necessary to prevent the escape of the accused person.

If the accused person does not deliver himself up, the Police officer or other person authorized to execute the warrant may notify his authority and purpose, and demand admittance.

If after such notification and demand he cannot otherwise obtain admittance, he shall give notice to any woman as aforesaid in such apartment, not being a person against whom a warrant has been issued, that she is at liberty to withdraw, and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and execute the warrant.

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

The officer or other 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.

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.

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

OF INQUIRIES AND TRIALS

PRELIMINARY

Every person charged before any Criminal Court with an offence may of right he defended by any barrister or attorney of a High Court, or by any pleader duly qualified under the provisions of Act No. XX of 1885, or any other law in force for the time being relating to pleaders.

Any such person may, with the permission of the Court (hut not otherwise), employ any mukhtar or other person, not being a barrister, attorney or pleader, to assist him in his defence.

Where accused person does not understand the proceedings. If an accused person, though not insane, cannot he made to understand the proceedings, the Court may proceed with the inquiry or trial; and if such inquiry results in a committal, or if such trial results in a conviction, the proceedings shall be forwarded to the High Court, with a report of the circumstances of the ease, and the High Court shall pass thereon such order as to it seems fit.

The place in which the Court of a Magistrate is held for the trial of any offence, or for the purpose of conducting an inquiry into any case triable by a Court of Session or High Court, and also every Court of Session and every High Court, shall he deemed an open and public Court, to which the public generally may have access, so far as the same can conenviently contain them.

But the Magistrate or presiding Judge may, if he thinks fit, order that, during the inquiry into or trial of any particular case, no person shall have access to, or he, or remain in, the room or building used by the Court, without the consent or permission of the Court.

In the case of offences which may lawfully he compounded, injured persons may compound the offence out of Court, or in Court with the permission of the Court.

Such withdrawal from the prosecution shall have the effect of an acquittal of the accused person.

OF INQUIRY INTO CASES TRIABLE BY THE COURT OF SESSION OR HIGH COURT

The following procedure shall be adopted in inquiries before Magistrates in cases triable by a Court of Session or High Court.

When the accused person appears or is brought before the Magistrate, or, if his personal attendance is dispensed with, when the Magistrate thinks fit, 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.

The complainant and the witnesses for the prosecution shall be examined in the presence of the accused person, or of his agent, when his personal attendance is dispensed with and he appeals by agent.

Accused may cross-examine. The accused person or his agent shall he permitted to examine and re-examine his own witnesses, and to cross-examine the complainant and his witnesses.

The Magistrate may, at any stage of the proceedings, summon and examine any person whose evidence he considers essential to the inquiry, and re-call and re-examine any person already examined.

The Magistrate may from time to time, at any stage of the inquiry and without previously warning the accused person, examine him, and put such questions to him as he considers necessary.

The accused person shall not render himself liable to punishment for refusal to answer such questions, or for giving false answers to them, but the Magistrate shall draw such inference as may to him seem just from such refusal.

Explanation. The answer given by an accused person may be put in evidence against him, not only in the case under inquiry, but also in trials for any other offences which his replies may tend to show, he has committed.

If, from the absence of a witness or from any other reasonable cause, it becomes necessary or advisable to defer the examination, or further examination, of witnesses, the Magistrate may, by a written order; from time to time adjourn the inquiry and remand the accused person for such time as is deemed reasonable, not exceeding fifteen days.

Instead of detaining the accused person in custody during the period for which he is so remanded, the Magistrate may release 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 such Magistrate at the time and place appointed for the continuance of such examination.

Explanation. After commencing the inquiry, if sufficient evidence has been obtained to raise a suspicion that the person accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable ground for a remand.

When a Magistrate finds that there are not sufficient grounds for committing the accused person to take his trial before the Court of Session or High Court, or for remanding him, he shall discharge him, unless it appears to the Magistrate that such person should he put on his trial before himself, in which case he shall proceed under chapters XVI, XVII or XVIII of this Act.

Explanation I. The absence of the complainant, except when the offence may lawfully be compounded, shall not be deemed sufficient ground for a discharge, if there appear other evidence of a nature rendering a trial desirable.

Explanation II. A discharge is not equivalent to an acquittal, and does not bar the revival of a, prosecution for the same offence.

Explanation III. An order of discharge cannot be made until the evidence of the witnesses named for the prosecution has been taken.

When evidence has been given before a Magistrate, which appears to justify him in sending the accused person to take his trial for an offence which is triable exclusively by the Court of Session or High Court, or which, in the opinion of the Magistrate, is one which ought to be tried by such Court, the accused person shall be sent for trial by such Magistrate before the Court of Session or High Court, as the case may be.

If such accused person (hot being a European British subject)

is accused of having committed an offence conjointly with a European British subject who is about to he committed for trial, or to he tried, before the High Court on a similar charge,

and the evidence appears to justify the Magistrate in sending the accused person for trial,

he shall commit such accused person to take his trial before such High Court, and not before a Court of Session; and such High Court shall have jurisdiction to try such person.

Explanation. A commitment once made by a competent Magistrate can be quashed by the High Court only, and only on a point of law.

This explanation applies also to section one hundred and ninety-six.

When the Magistrate determines to send the accused person before the Court of Session or High Court for trial, he shall, after the evidence has been recorded, make a written instrument under his hand and seal, declaring with what offence the accused person is charged, and shall direct him to he tried by such Court on such charge. He shall also record his reasons for committing such accused person.

Copy of charge. A copy of such instrument shall he forwarded, with the record of the original inquiry, to the Court of Session before which the accused person is to he tried; and a copy shall also be sent to the public prosecutor or other officer appointed to conduct the prosecution.

Any weapon or other article of property necessary to produce in evidence shall also be transmitted to the Court of Session.

When a commitment is made to the High Court, such instrument, record, and such weapon or other article, shall he forwarded to the Clerk of the Crown or other officer appointed by the Court; and if any part of such record is not in English, a translation thereof in English shall he forwarded therewith.

As soon as the charge on which the accused person is to he tried has been prepared, it shall be read and explained to him; and a copy or translation thereof shall be furnished to him, if he so require.

The accused personshall be required at once to give in, orally or in writing, a list of witnesses whom he wishes to be summoned to give evidence on his trial before the Court of Session or High Court.

The Magistrate may, if he thinks proper, summon the persons so named to attend and give evidence at the inquiry; and if he does so, the commitment shall not he considered to have been made until such evidence has been taken.

Further list. It shall he in the discretion of the Magistrate, subject to the provisions of section three hundred and fifty-nine, to allow the accused person to give in any further list of witnesses at a subsequent time.

When the inquiry is concluded, the accused person shall, if he demands them at a reasonable time before the trial, he furnished with copies of the depositions. Such copies shall he made at his expense, unless the Magistrate sees fit to give them free of cost.

When the accused person is committed to take his trial before the Court of Session or High Court, the Magistrate shall issue an order to the public prosecutor, Government pleader or other person appointed by the Government to conduct prosecutions before the Court of Session or High Court, notifying such commitment, and stating the offence in the same form as the charge.

Nothing in this section shall preclude the Magistrate of the District, in a case committed to the Court of Session, if he thinks fit, from appointing a person other than such Government pleader or person to conduct the prosecution.

OF THE TRIAL OF SUMMONS CASES BY MAGISTRATES

The following procedure shall he observed in the trial of summons cases.

Object and effect of complaint. No formal charge need at any time he made against the accused person, and neither the complaint nor the summons shall he regarded otherwise than as notice to the accused person of the facts to he inquired into. The Magistrate may convict the accused person of any offence (coming under this chapter) which, from the facts proved, he appears to have committed, whatever may be the nature of the complaint or summons.

When notice is defective. No defect in the complaint or summons shall affect the validity of the proceedings, unless it appears that the accused person was actually misled by such defect; and, in considering whether or not he was so misled, the Court shall have regard to the manner in which the accused person conducted his defence.

If, upon the day appointed, the accused person appears voluntarily in obedience to the summons in that behalf served upon him, or is brought before the Magistrate by virtue of a warrant or otherwise, it shall be at the discretion of the Magistrate to admit him to hail, or allow him to be at large upon his personal recognizance, as the Magistrate directs.

If the accused person cannot give bail when required to do so, he-shall be committed to custody.

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 thinks proper to adjourn the hearing of the same to some other day. Such adjournment shall he made upon such terms as the Magistrate thinks fit.

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.

Conviction on admission of truth of complaint. If the accused person admit the truth of the complaint, his admission shall he recorded, and if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly, of suck offence (coming under this chapter) as he may appear to have committed.

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

Before or during the hearing of any complaint, the Magistrate may, in order to secure the attendance of witnesses or for any other reason, 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.

If on the day to which such hearing or such further hearing has been so adjourned, the accused person does not appear, the Magistrate may issue his warrant for the arrest of such person.

If the complainant does not appear, the Magistrate may dismiss the complaint.

A Magistrate may dismiss the complaint as frivolous or vexatious, and 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 in the complaint, 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 he recoverable by distress and sale of the moveable property belonging to the complainant, which may be found within the jurisdiction of the Magistrate of the District; and such order shall authorize the distress and sale of any moveable property belonging to the complainant without the jurisdiction of the Magistrate of the District, when the order has been endorsed by the Magistrate of the District in which such property is situated, and, if the sum awarded cannot be realized by means of such distress, by imprisonment of the complainant in the civil jail, for any time not exceeding thirty days, unless such sum is sooner paid.

If a complainant, at any time before a final order is passed in any case under this chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint, the Magistrate may permit him to withdraw it.

A complaint withdrawn under this section shall not again be entertained.

If the Magistrate, in any case tried under this chapter, finds the accused person not guilty, he shall record, a judgment of acquittal.

Sentence. If the accused person is convicted, the Magistrate shall pass sentence upon him according to law.

When the personal attendance of the accused person during the trial has been dispensed with, the sentence of the Magistrate, if the sentence he for fine only, may he pronounced in the presence of such accused person's agent, if he has been permitted to appear by agent; or the accused person may be required to attend to hear such sentence.

The dismissal of a complaint under this chapter shall operate in like manner as the acquittal of the accused person.

No complaint shall he dismissed under the provisions of this chapter, except in so far as it refers to a summons case.

OF THE TRIAL OF WARRANT CASES BY MAGISTRATES

The following procedure shall he observed by Magistrates in the trial of warrant cases.

The provisions of sections one hundred and ninety to one hundred and ninety-four (both inclusive) shall apply to trials conducted under this chapter.

When the evidence of the complainant and of the witnesses for the prosecution, and such examination of the accused person as the Magistrate considers necessary, have been taken, the Magistrate, if he finds that no offence has been proved against the accused person, shall discharge him.

Explanation I. The absence of the complainant, except where the offence may he lawfully compounded, shall not he deemed sufficient ground for a discharge, if there appears other, evidence sufficient to substantiate the offence.

Explanation II. A discharge is not equivalent to an acquittal, and does not bar the revival of a prosecution for the same offence.

Explanation III. An order of discharge cannot he passed until the evidence of the witnesses named for the prosecution has been taken.

If the Magistrate finds that an offence is apparently proved against the accused person, which such Magistrate is competent to try, and which, in his opinion, could be adequately punished by him, he shall prepare in writing a charge against the accused person.

Explanation I. The omission to prepare a charge shall not invalidate the trial, if, in the opinion of the Court of appeal or revision, no failure of justice has been occasioned thereby.

Explanation II. If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to prepare a charge, it shall order the trial to be recommenced from the point at which the charge should have been drawn up.

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

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.

If the accused person puts in any written statement, the Magistrate may file it with the record, but shall not be bound to do so.

The Magistrate shall, subject to the provisions of section three hundred and sixty-two, 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.

If the Magistrate finds the accused person not guilty, he shall record judgment of acquittal.

Conviction. If the accused person is convicted, the Magistrate shall pass sentence upon him according to law.

Explanation. If a charge is drawn up, the prisoner must either be acquitted or convicted. If no charge is drawn up, there can be no judgment of acquittal or conviction, except in the case provided for in Explanation I to section two hundred and sixteen.

In any trial before a Magistrate, in which 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 one which, in the opinion of such Magistrate, ought to he tried by the Court of Session or High Court, the Magistrate shall stop further proceedings under this chapter, and shall, when he either cannot or ought not to make the accused person over to an officer empowered under section thirty-six, commit the prisoner under the provisions hereinbefore contained. If such Magistrate is not empowered to commit, he shall proceed under section forty-five.

OF SUMMARY TRIALS

The Magistrate of the District may try the following offences in a summary way, and, on conviction of the offender, may pass such sentence as may be lawfully inflicted under section twenty of this Code:

(1). Offences referred to in section one hundred and forty-eight of this Code;

(2). Offences relating to weights and measures, under sections two hundred and sixty-four, two hundred and sixty-five and two hundred and sixty-six of the Indian Penal Code:

(3). Hurt, under section three hundred and twenty-three of the Indian Penal Code:

(4). Theft, under section three hundred and seventy-nine of the Indian Penal Code, where the value of the property stolen does not exceed fifty rupees:

(5). Theft, under section three hundred and eighty of the Indian Penal Code, where the value of the property stolen does not exceed fifty rupees:

(6). Theft, under section three hundred and eighty-one of the Indian Penal Code, where the value of the property stolen does not exceed fifty rupees:

(7). Receiving stolen property, under section four hundred and eleven of the Indian Penal Code:

(8). Mischief, under section four hundred and twenty-seven of the Indian Penal Code:

(9). House-trespass, under section four hundred and forty-eight of the Indian Penal Code:

(10). Criminal intimidation, under sections five hundred and four and five hundred and six of the Indian Penal Code:

(11). Abetment of, or attempt to commit (when such attempt is an offence), any of the foregoing offences.

The Local Government may invest any Magistrate of the first class with power to try summarily all or any of the offences mentioned in section two hundred and twenty-two.

The Local Government may invest any Bench of Magistrates invested with the powers of a Magistrate of the first class with power to try summarily all or any of the offences mentioned in section two hundred and twenty-two.

The Local Government may invest any Bench of Magistrates invested with the powers of a Magistrate of the second or third class with power to try summarily all or any of the following offences:

Offences coming within sections two hundred and seventy-seven, two hundred and seventy-eight, two hundred and seventy-nine, two hundred and eighty-five, two hundred and eighty-six, two hundred and eighty-nine, two hundred and ninety, two hundred and ninety-two, two hundred and ninety-three, two hundred and ninety-four, three hundred and twenty-three, three hundred and thirty-four, three hundred and thirty-six, three hundred and forty-one, three hundred and fifty-two, four hundred and twenty-six and four hundred and forty-seven of the Indian Penal Code; any offences against Municipal. Acts, and the Conservancy clauses of Police Acts, punishable with fine, or with imprisonment not exceeding one month.

In trials under this chapter, the provisions of this Code in regard to summons cases shall he followed in respect of summons cases, and the procedure for warrant cases in respect of warrant cases, with the exceptions hereinafter provided.

In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses, nor the reasons for passing; the judgment, nor draw up a formal charge, but he or they shall enter, in a register to the kept for the purpose, the following particulars:

(a) The serial number;

(b) The date of the commission of the offence;

(c) The date of the report or complaint;

(d) The name of the complainant;

(e) The name, parentage and residence of the accused person;

(f) The offence complained of or proved;

(g) The prisoner's plea;

(h) The finding, and, in the case of a conviction, a brief statement of the reasons therefor;

(i) The sentence; and

(j) The date on which the proceedings terminated.

If a Magistrate or Bench of Magistrates, acting under section two hundred and twenty-two, two hundred and twenty-three or two hundred and twenty-four, passes a sentence of more than three months' imprisonment, or of fine exceeding two hundred rupees;

or if a Bench of Magistrates, acting under section two hundred and twenty-five, convicts any person,

such Magistrate or Bench of Magistrates shall, before, passing sentence, record a judgment embodying the substance of the evidence on which the conviction was had, and also the particulars mentioned in section two hundred and twenty-seven.

Such judgment shall be the only record in cases coming within this section.

Records made under section two hundred and twenty-seven and judgments recorded under section two hundred and twenty-eight, shall he written by the presiding officer, either in English or in the language of the district in which the trial was held, or, by direction of the Court to which such presiding officer is immediately subordinate, in the language of the presiding officer.

The Local Government may authorize any Bench of Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of an officer of such Court, and the record or judgment so prepared shall be signed by each member of such Bench present, conducting the proceedings.

TRIAL BY COURT OF SESSION

No Court of Session shall take cognizance of any offence, as a Court of original criminal jurisdiction, unless the accused person has been committed by a Magistrate duly empowered in that behalf, except in the cases referred to in section four hundred and seventy-two.

All trials before the Court of Session shall he either by jury, or conducted with the aid of two or more assessors.

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.

Orders passed under this section shall he published in the official Gazette, and in such other manner as the Local Government from time to time directs.

Explanation. If an offence triable with assessors is tried by a jury, the trial shall not on that ground merely he invalid. If an offence triable by a jury is tried with assessors, the trial shall not on that ground merely he invalid, unless objection be taken before the Court records its finding.

Criminal trials before the Court of Session, in which a European (not being a European British subject) or an American is the accused person, or one of the accused persons, shall be by jury.

In such case the jury, if such European or American desire it, shall consist of at least one-half of Europeans, whether European British subjects or not, or Americans, if such a jury can be procured:

Election to be tried without jury. Provided that, in any district in which the Local Government has not ordered that all trials before the Court of Session, 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 he tried without jury.

In every trial before a Court of Session, the prosecution shall be conducted by the Public Prosecutor, Government Pleader, or by some other officer specially empowered by the Magistrate of the District in that behalf.

In trials by jury before the Court of Session, the jury shall consist of such uneven number, not being less than three nor 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, directs.

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

Plea of guilty. If the accused person pleads guilty, the plea shall be recorded, and he may be convicted thereon.

If the accused person refuses to, or does not, plead, or if he claims to be tried, the Court shall proceed to choose jurors or assessors as hereinafter directed, and to try the case.

When the trial is to he with assessors, the assessors shall be chosen, as the Judge thinks fit, from the persons summoned to act as assessors.

When the trial is to he by jury, the jury shall be chosen by lot from the persons summoned to act as jurors.

In a trial by jury, before the Court of Session, of a person not being a European or an American, at least one-half of the jury shall, if the accused person desire it, consist of persons who are neither Europeans nor Americans.

In any case before the Court of Session, in which a European or American is charged jointly with a person of any other race, such other person shall, if he desire it, he tried separately, if the European or American claims to he tried by a jury consisting of at least one-half of Europeans and Americans.

As each juror is chosen, his name shall be called aloud, and, upon his appearance, the accused person shall be asked if he objects to he tried by such juror.

Objections to jurors. Objection may then he made to such juror by the accused person, or by the Public Prosecutor, 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 he decided by the Court, and the decision of the Court shall he final.

If an objection be allowed, the place of such juror shall he supplied by any other juror attending in obedience to a summons; or, if there he 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 considers a proper person to serve on the jury, provided no objection to such juror or other person be made and allowed.

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 four hundred and five;

(2) standing in the relation of husband, master or servant, landlord or tenant, to the person alleged to he injured or attempted to he injured by the offence charged, or to the person on whose complaint the prosecution was instituted, or to the person accused;

(3) being in the employment of any of such persons;

(4) being plaintiff or defendant against any of such persons in any civil suit;

(5) having complained against, or having been accused by, any of such persons in any criminal prosecution;

(6) any circumstance which, in the judgment of the Court, is likely to cause prejudice against, or favour to, any of such persons, or which renders such person improper as a juror.

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.

When the jury has been completed, they shall appoint one of their number to be foreman.

It shall be the duty of the foreman to preside in the debates of the jury, to deliver the verdict of the jury, and to ask any information from the Court that may be required by the jury.

If a majority of the jury do not agree in the appointment of a foreman, he shall be named by the Court.

The witnesses shall then be examined, cross-examined and re-examined according to the law for the time being relating to the examination of witnesses.

The examination of the accused person before the committing Magistrate shall he given in evidence at the trial.

When a witness is produced before the Court of Session or High Court, the evidence given by him before the committing Magistrate may be referred to by the Court if it was duly taken in the presence of the accused person, and the Court may, if it think fit, ground its judgment thereon, although the witnesses may at the trial make statements inconsistent therewith.

Explanation. This section shall not authorize the Court to refer to the record of the evidence given by a witness who is absent, except in the cases in which such evidence may be referred to under the Indian Evidence Act, 1872, or other law in force for the time being upon the subject of evidence.

The Court may from time to time, at any stage of the trial, examine the accused person, and shall question him generally on the case after the witnesses for the prosecution have been examined, and before he is called on for his defence.

When the examination of the witnesses for the prosecution and the examination of the accused person is concluded, the accused person shall be asked whether he means to call witnesses. If he says that he does not, the prosecutor may sum up his case. The Court may then, if it thinks that there are no grounds for proceeding,

in a case tried with assessors, record a finding, or, in a case tried by a jury, instruct the jury to return a verdict of acquittal.

If the Court considers that there are grounds for proceeding, it shall call on the accused person to state his grounds of defence and produce his witnesses.

The accused person, or his Counsel or authorized agent, may then state the case for the defence, and may examine the witnesses, if any, produced for the defence, and at the conclusion of such examination may sum up his case.

If any evidence is adduced on behalf of the accused person, the officer conducting the prosecution shall he entitled to reply.

Whenever, in the opinion of the Court, it is proper and convenient that the jury or assessors should view the place in which the offence charged is said to have been committed, or any other place in which any other transaction material to the inquiry 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 such place, which shall be shown to them by a person appointed by the Court.

Such officer shall not 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.

If, in the course of a trial by jury, at any time prior to the finding, any juror, from any sufficient cause, is prevented from attending through the trial,

or if any juror absents himself, and it is not 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.

When the case for the defence and the prosecutor's reply, if any, are concluded, the Court shall proceed

in cases tried with assessors, to ask the assessors their opinion, and shall record it:

in cases tried by jury, to charge the jury, summing up the evidence for the prosecution and defence, and laying down the law by which the jury are to be guided.

A statement of the Judge's direction to the jury shall form part of the record.

It is the duty of the Judge to decide all questions of law, and especially all questions as to the relevancy of facts which it is proposed to prove, the admissibility of evidence, or the propriety of questions asked by parties or their agents, which may arise in the course of the trial; and, in his discretion, to prevent the production of inadmissible evidence, whether it is or is not objected to by the parties;

to decide upon the meaning and construction of all documents given in evidence at the trial;

to decide upon all matters of fact which it may be necessary to prove in order to enable evidence of particular matters to be given;

to decide whether any question which arises is for himself or for the jury; and upon this point his decision shall be final.

The Judge may, if he thinks proper, in the course of his summing up, express to the jury his opinion upon any question of fact, or upon any question of mixed law and fact, relevant to the proceeding.

(a.) It is proposed to prove a statement made by a person not called as a witness, under circumstances which render evidence of his statement admissible.

It is for the Judge, and not for the jury, to decide whether the existence of those circumstances has been proved.

(b.) It is proposed to give secondary evidence of a document, the original of which is alleged to have been lost or destroyed.

It is the duty of the Judge to decide whether the original has been lost or destroyed.

It is the duty of the jury

(1) to decide which view of the facts is true, and then to return the verdict which under such view ought, according to the direction of the Judge, to be returned;

(2) to determine the meaning of all technical terms and words used in an unusual sense, which it may be necessary to determine, whether such words occur in documents or not;

(3) to decide all questions declared by the Indian Penal Code, or any other law, to be questions of fact;

(4) to decide whether general, indefinite expressions do or do not apply to particular cases, unless such expressions refer to legal procedure, or unless their meaning is ascertained by law, in either of which cases it is the duty of the Judge to decide their meaning.

(a.) A is tried for the murder of B.

It is the duty of the Judge to explain to the jury the distinction between murder and culpable homicide, and to tell them under what views of the facts A ought to be convicted of murder, or of culpable homicide, or to be acquitted.

It is the duty of the jury to decide which view of the facts is true, and to return a verdict in accordance with the direction of the Judge, whether that direction is right or wrong, and whether they do or do not agree with it.

(b.) The question is, whether a person entertained a reasonable belief on a particular point. Whether work was done with reasonable skill, or due diligence.

Each of these is a question for the jury.

If a juryman or assessor is personally acquainted with any relevant fact, it is his duty to inform the Judge that such is the case, whereupon he may be examined, cross-examined and re-examined, in the same manner as any other witness.

If, in the course of a trial with the aid of assessors, at any time prior to the finding, any assessor is, from any sufficient cause, 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.

If a trial is adjourned, the jury or assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting, until the conclusion of the trial.

In cases tried with assessors, the Court shall proceed to pass judgment of acquittal or conviction, having considered the opinions of the assessors, but not being bound to conform to them. If the accused person is convicted, the Court shall proceed to pass sentence on him according to law.

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.

In cases tried by jury, the jury may retire to consider their verdict. 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 such jury. When the jury have considered the verdict, the foreman shall inform the Court what is their verdict, or what is the verdict of a majority.

Verdict to be given on each charge. Judge may question jury. The jury shall return a Verdict on all the charge on which the accused is tried, and the Court may a them such questions as are necessary to ascertain what their verdict is. Such questions and answers to them shall be recorded.

Procedure where jury differ. If the jury are not unanimous, the Judge require them to retire for further consideration. A such a period as the Judge considers reasonable, the jury may deliver their verdict, although they not unanimous.

If the Court does not think it necessary to dissent from the verdict of a majority of the jurors, it shall give judgment accordingly. If the accused person is acquitted, the Court shall record judgment of acquittal. If the accused person is convicted, the Court shall proceed to pass sentence on him according to law.

If the Court disagrees with the verdict of the jurors, or of a majority of such jurors, and considers it necessary for the ends of justice to do so, it may submit the case to the High Court, and may either remand the prisoner to custody, or admit him to bail.

The High Court shall deal with the case so submitted as with an appeal, but it may convict the accused person on the facts, and if it does so, shall pass such sentence as might have been passed by the Court of Session.

The Court may, in its discretion, postpone the hearing of the case; and may, from time to time, adjourn the trial, if it considers that such adjournment is proper and will promote the ends of justice.

The same jury may try, or the same assessors may aid in the trial of, as many accused persons successively as to the Court seems fit.

APPEAL, REFERENCE AND REVISION

APPEALS

Any person convicted on a trial held by any Magistrate of the second or third class, or any person sentenced by a competent Magistrate of the second class under section forty-six, may appeal to the Magistrate of the District, or to a Magistrate of the first class who has been empowered by the Local Government to hear such appeals.

Any person required by a Magistrate of the first class to give security for good behaviour, under section five hundred and four or section five hundred and five, may appeal to the Magistrate of the District.

Any person convicted by any Civil, Criminal or Revenue Court, under chapter XXXII of this Act, may appeal to the Court to which decrees or orders made in such Court are ordinarily appealable, whatever may he the amount of the sentence passed, subject to the rules provided in sections two hundred and seventy-five, two hundred and seventy-seven, two hundred and seventy-eight, two hundred and eighty, two hundred and eighty-one and two hundred and eighty-two.

An appeal from such conviction by a Small Cause Court may he made to the Court of Session within whose Sessions Division such Court is situate.

Any person convicted on a trial held by the Magistrate of the District or other Magistrate of the first class, or any person sentenced under section forty-six by a competent Magistrate of the first class, may appeal to the Court of Session.

The appellant shall, in every ease, give notice of appeal to the Magistrate of the District, who shall, if necessary, instruct the Public Prosecutor Government Pleader or other officer empowered by Government or by the Magistrate of the District to prosecute the case.

Any person convicted on a trial held by any officer invested with the power described in section thirty-six may appeal to the High Court, if it appear from the sentence awarded that such officer was in such trial exercising such special powers. No appeal in such case shall lie to the Court of Session.

Appeals from convictions of Assistant Sessions Judges. Any person convicted by an Assistant Sessions Judge may appeal to the Sessions Judge, if the sentence appealed against does not exceed three years' imprisonment.

A sentence of an Assistant Sessions Judge, confirmed under section eighteen by the Sessions Judge, maybe appealed to the High Court.

Any person convicted on a trial held by a Sessions Judge may appeal to the High Court.

The appeal may he on a matter of fact as well as on a matter of law.

If the conviction was in a trial by jury, the appeal shall be admissible on a matter of law only.

If such person be sentenced to death, the Sessions Court shall inquire whether he wishes to appeal, and if he signifies his intention to appeal, the Court shall inform him that his appeal must be made within, seven days, and shall delay the transmission of the reference hereinafter required for a reasonable time, not exceeding seven days, to allow of the appeal and reference being made at the same time.

When it appears that the execution of the sentence should not he delayed, the Sessions Court may record its reasons and forward the reference at once.

In no case requiring confirmation shall the High Court grant a longer delay than is herein allowed for the presentation of an appeal.

Where the reasons given by the Sessions Court for forwarding the reference at once are sufficient, the High Court shall decide the case in the absence of an appeal.

When, under the provisions of the law in force, judgments or orders made or passed by the High Court are made or passed, either in appeal, reference or revision, by a Court consisting of more than one Judge, any difference of opinion shall he settled by adding, when the High Court is composed of more than two Judges and the Court is equally divided, one or more Judges, and in such event the judgment or order shall follow the opinion of the majority of the Judges.

The Local Government may direct an appeal by the Public Prosecutor or other officer specially or generally appointed in this behalf, from an original or appellate judgment of acquittal; but in no other case shall there he an appeal from a judgment of acquittal passed in any Criminal Court.

Such appeal shall lie to the High Court, and the rules of limitation shall not apply to appeals presented under this section.

The High Court may, in any case so appealed, direct a new trial by another Court, or may pass such judgment, sentence or order as may he Warranted by law.

There shall he no appeal in cases in which a Court of Session, or the Magistrate of a District or other Magistrate of the first class, passes a sentence of imprisonment not exceeding one month only, or of fine not exceeding fifty rupees only, or of Whipping only.

There shall he no appeal from a sentence of imprisonment passed by such Court or officer in default of payment of fine, when no substantive sentence of imprisonment has been passed.

Where an accused person has been convicted on his own plea, whether on a trial with assessors or by jury, there is no appeal, except as to the extent or legality of the sentence.

There shall he no appeal in cases tried summarily, in which a Magistrate of the District, or a Magistrate or Bench of Magistrates invested with the powers of a Magistrate of the first class, empowered to act under section two hundred and twenty-two, two hundred and twenty-three or two hundred and twenty-four, passes a sentence of imprisonment not exceeding three months only, or of fine not exceeding two hundred rupees only, or of whipping only.

An appeal may be brought against any sentence referred to in section two hundred and seventy-three or two hundred and seventy-four, by which any two or more of the punishments therein mentioned are combined; but not against a sentence in which imprisonment is awarded in default of payment of fine and in addition thereto;

nor against any sentence which would not otherwise be liable to appeal because the person convicted is, ordered to find security to keep the peace.

Saving of sentences on European British subjects. The provisions of this and the last preceding section shall not, apply to appeals from orders passed on European British subjects under section seventy dour or seventy-six.

Every petition of appeal shall be accompanied by a copy of the judgment or order appealed against.

A copy of the judgment or other order passed by any. Criminal Court, and, in cases tried by jury, of the Judge's charge to the jury, shall be furnished without delay on the application of any person affected by, such sentence or order.

Such copy shall be made at the expense of the person applying for it, unless he is in jail, or unless the Court, for some special reason, sees fit to grant such copy free of expense.

If the party appealing be in jail, he shall be at liberty to present his petition of appeal, and the copy of the judgment or order appealed against, to the Magistrate or other officer in charge of the jail, who shall thereupon forward the petition to the proper appellate authority.

The Appellate Court shall fix a reasonable time within which the appellant or his counsel or authorized agent may appear, and it may reject the appeal if, on a perusal of the petition of appeal and the copy of the judgment or order appealed against, and after hearing the appellant or his counsel or authorized agent, if he appears, it considers that there is no sufficient ground for questioning the correctness of the decision or for interfering with the sentence or order appealed against.

Before rejecting the appeal, the Court may call for and peruse all or any part of the proceedings of the lower Court, but shall not be bound to do so.

If the Appellate Court decide to hear the appeal, it shall cause notice to be given to the appellant, and, if the appeal be to the Session or High Court, shall also give notice to the Magistrate of the District, who shall inform, if necessary, the Public Prosecutor, Government Pleader or other officer empowered by Government in that behalf, of the day on which such appeal will he heard.

The Appellate Court, after perusing the proceedings of the lower Court, and after hearing the appellant, his counsel or agent, if they appear, and the Public Prosecutor, Government Pleader or other him officer empowered by Government or by the Magistrate of the District in that behalf, if he appears, may alter or reverse the finding and sentence or order of such Court, and may, if it see reason to do so, enhance any punishment that has been awarded.

Provided that, if the appeal is from the sentence of a Magistrate of any class, the Appellate Court shall not inflict a greater punishment than might fl have been inflicted by a Magistrate of the first class.

In any case in which an appeal is allowed, the Appellate Court may, pending the appeal, order that the sentence be suspended, and, if the appellant be in confinement for an offence which is bailable, may order that he be released on bail.

The period during which the sentence is suspended shall he omitted in reckoning the completion of the punishment.

In any case in which an appeal has been allowed; the Appellate Court, if it thinks further inquiry or additional evidence upon any point bearing upon the guilt or innocence of the appellant to be necessary, may either make such further inquiry and take such additional evidence itself, or may direct such inquiry to be made and additional evidence to betaken.

If the Appellate Court takes further evidence and passes judgment and sentence, no, fresh right of appeal arises in respect of such sentence.

When the evidence has not been taken before itself, the result of the further inquiry and the additional evidence shall be certified to the Appellate Court, and such Court shall thereupon proceed to dis-pose of the appeal.

Unless the Appellate Court otherwise directs, the presence of the appellant may be dispensed with when the further inquiry is made or evidence taken.

The provisions of this Act relating to summoning and enforcing the attendance of witnesses and their examination shall, so far as may he, apply to witnesses examined under this section.

No finding or sentence passed by a Court of competent jurisdiction shall he reversed or altered on appeal on account of any error or defect, either in the charge or in the proceedings on or before trial, or on account of the improper admission or rejection of any evidence, or by any misdirection in any charge to a jury, unless such error or defect has occasioned a failure of justice, either by affecting the due conduct of the prosecution, or by prejudicing the prisoner in his defence.

No irregularity in the proceedings up to trial is a sufficient ground for reversing any judgment, sentence or order made or passed in a trial properly held.

Appellate Court may reduce punishment. In case the accused person has been sentenced to a larger amount of punishment than could have been awarded for the offence which, in the judgment of the. Appellate Court, is proved by the evidence, the Appellate Court may reduce the punishment within the limits prescribed by the Indian Penal Code or any law for the time being in force for such offence.

When any Court has convicted a person of an offence not triable by such Court, the Appellate Court shall annul the conviction and sentence of such Court, and direct the trial of the case by a Court of competent jurisdiction.

Judgments, sentences and orders passed by an Appellate Court upon appeal shall he final, except in the cases provided for in sections two hundred and seventy-two and two hundred and ninety-seven.

No appeal shall lie from any judgment, sentence or order of a Criminal Court, except in the cases provided for by this Act or by any law for the time being in force.

(a.) There is no appeal against an order refusing to grant compensation, or to, grant an enhanced award.

(b.) There is no appeal against an order of a competent Magistrate dismissing a complaint.

(c.) There is no appeal, against an order requiring a person to furnish security to keep the peace.

(d.) There is no appeal against an order requiring a person to furnish security to be of good behaviour, when such order is passed by the Magistrate of the District.

(e.) There is no appeal against an order passed under chapter XXXIX nor against a report by a jury under that chapter.

(f.) There is no appeal against an order of maintenance.

(g.) There is no appeal against an order placing a name on the jury list.

(h.) There is no appeal against an order by a Court of Session fining a juror or an assessor for non-attendance.

(i,) There is no appeal against the order of a competent Court refusing to order a commitment.

(j.) There is no appeal against an interlocutory order, such as a claim to appear by agent.

(k.) There is no appeal from an order to pay compensation under section SE of Act I of 1871 (An let to consolidate and amend the law relating to trespasses by Cattle).

REFERENCE

If the Court of Session pass sentence of death, the proceedings shall be referred to the High Court, and the sentence shall not he executed without its confirmation by the High Court.

If the accused person is convicted of an offence punishable with death, and the Court, sentences him to any punishment other than death, the Court shall, in its judgment, state the reason why sentence of death was not passed.

In any case so referred, whether tried with assessors or by jury, the High Court may either confirm the sentence, or pass any other sentence warranted by law, or may annul the conviction and order a new trial on the same or an amended charge, or may acquit the accused person.

If the High Court think further inquiry or additional evidence upon any point hearing upon the guilt or innocence of the accused person to he necessary, it may direct such inquiry to be made, or such additional evidence to be taken.

Unless the Court of Reference otherwise directs, the presence of the convicted person may be dispensed with when the farther inquiry is made or evidence taken, and neither under this section nor under section two hundred and eighty-two is such inquiry to be made or evidence taken in the presence of jurors or assessors.

The result of the further inquiry and the additional evidence shall be certified to the High Court, and the High Court shall thereupon proceed to pass judgment of acquittal, or to confirm the sentence, or to pass such sentence as it thinks fit.

In every case so referred to the High Court, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such High Court consists of two or more Judges, be determined and signed by at least two Judges of such Court.

When a High Court of reference, revision or appeal consists of a single Judge, such Judge shall have all the powers conferred upon two or more Judges of the High Court by this chapter.

SUPERINTENDENCE AND REVISION

The High Court may make and issue general rules

for keeping all hooks, entries and accounts to be kept in all Criminal Courts subordinate to it, and

for the preparation and transmission of any calendars or statements to be prepared and submitted by such Courts;

and may also frame forms (when not prescribed by this Act) for every proceeding in the said Courts for which it thinks that a form should he provided;

and from time to time may alter any such rule or form;

and, with the concurrence of the Local Government, may make and issue general rules for regulating the practice and proceedings of all Criminal Courts subordinate to it, and, with the like sanction, may alter any such rule?;

and a High Court not established by Royal Charter may, with the concurrence of the Local Government, make and issue rules for regulating the practice and proceedings of that Court, and, with the like sanction, may alter any such rule:

Provided that such rules and forms be not inconsistent with the provisions of this Act, or of any other law in force for the time being.

All rules framed by the Court and all repeals and alterations thereof under this section, shall he published in the official Gazette.

All Subordinate Courts shall send to the High Court such periodical statements or calendars of trials held by such Courts as the High Court prescribes, exhibiting the offences charged, the offences of which the accused persons are convicted, and the sentences or orders passed upon them.

The High Court may call for and examine the record of any case tried by any Subordinate Court, for the purpose of satisfying itself as to the legality or propriety of any sentence or order passed, and as to the regularity of the proceedings of such Court.

Any Court of Session or Magistrate of the District may, at all times, call for and examine the record of any Court subordinate to such Court or Magistrate, for the purpose of satisfying itself or himself as to the legality of any sentence or order passed, and as to the regularity of the proceedings of, such Subordinate Court.

For the purposes of this section, every Magistrate in a Sessions Division shall be deemed to be subordinate to the Sessions Judge of the Division.

If the Court of Session or Magistrate of the District is of opinion that the judgment or order is contrary to law, or that the punishment is too severe or is inadequate, such Court or Magistrate may report the proceedings for the orders of the High Court:

Provided that, in session cases, if a Court of Session or Magistrate of the District considers that a complaint has been improperly dismissed, or that an accused person has been improperly discharged, by a Subordinate Court, such Court or Magistrate may direct the accused person to be committed for trial.

If, in any case either called for by itself or reported for orders, or which comes to its knowledge, it appears to the High Court that there has been a material error in any judicial proceeding of any Court subordinate to it, it shall pass such judgment, sentence or order thereon as it thinks fit.

Power to order commitment. If it considers that an accused person has been improperly discharged, it may order him to be tried, or to be committed for trial;

Power to alter finding and sentence. If it considers that the charge has been inconveniently framed, and that the facts of the case show that the prisoner ought to have been convicted of an offence other than that of which he was convicted, it shall pass sentence for the offence of which he ought to have been convicted;

Proviso as to power of altering finding. Provided that, if the error in the charge appears materially to have misled and prejudiced the accused person in his defence, the High Court shall annul the conviction, and remand the case to the Court below, with an amended charge, and the Court below shall thereupon proceed as if it had itself amended such charge.

Power to annul conviction. If the High Court considers that any person convicted by a Magistrate has committed an offence not triable by such Magistrate, it may annul the trial and order a new trial before a competent Court.

Power to annul improper, and to pass Popper, sentence. If it considers that the sentence passed on the accused person is one which cannot legally be passed for the offence of which the accused person has been convicted, or might have been legally convicted upon the facts of the ease, it shall annul such sentence and pass a sentence in accordance with law.

If it considers that the sentence passed is too severe, it may pass any lesser sentence warranted by law; if it considers that the sentence is inadequate, it may pass a proper sentence.

Suspension of sentence. The High Court may, whenever it thinks fit, order that the sentence, in any case coming before it as a Court of Revision, he suspended; and that any person imprisoned, under such sentence be released on hail, if the offence for which such person has been imprisoned he bailable.

Powers of revision confined to High Court. Except as provided in sections three hundred and twenty-eight and three hundred and ninety-eight, no Court, other than the High Court, shall alter any Sentence or order of any Subordinate Court, except upon appeal by the parties concerned.

Optional with Court to hear parties. No person has any right to be heard before any High Court, in the exercise of its powers of revision, either personally or by agent; but the High Court may, if it thinks fit, hear such person either personally or by agent.

The High Court, the Court of Session or the Magistrate of the District may order any Subordinate Court to inquire into any complaint which has been dismissed under section one hundred and forty-seven.

Whenever a case is revised by the High Court under this chapter, it shall certify its decision dr order to the Court in which the conviction was had or by which the order was passed; or, if the Conviction or order was passed by a Magistrate other than the Magistrate of the District, to the Magistrate of the District.

The Court or Magistrate to which the High Court certifies its order shall thereupon make such orders as are conformable to the decision of the High Court, and, if necessary, the record shall be amended in accordance therewith:

In cases revised by the High Court under this chapter, the High Court shall not alter or reverse the sentence or order of the Court below, except as herein provided; nor shall it reverse or set aside the verdict of a jury, unless it is of opinion that the jury was misdirected by the Judge. In that case it may set aside the verdict and direct a new trial, if it think fit to do so.

The provisions of section two hundred and eighty-three shall apply to revision orders under this chapter.

EXECUTION

In Cases Referred By The Court Of Session? For The Confirmation Of A Sentence Of Death 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.

Such Court shall, if the sentence he confirmed or commuted, issue a warrant to the officer in charge of the jail in which the prisoner is confined, to cause the sentence or order to he carried into execution; or, in the case of any other orders, shall cause such orders to be carried into effect.

In cases tried by the Court of Session, the C Court shall forward a copy of its finding and sentence to the Magistrate of the District in which the trial was held.

Warrant of execution. If the accused person is sentenced to transportation, imprisonment or whipping, 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 Persse has been convicted, and the period during which he is to he transported or imprisoned, and the nature of the imprisonment or other punishment.

Procedure after sentence passed by Court inferior to Session Court. In cases tried by any Court inferior to a Court of Session, 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.

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 jailor or other officer or person having authority to receive and keep prisoners, and shall be in the Form (C or D as the case may be) given in the second schedule to this Act or to the like effect.

The warrant of commitment shall be lodged with the jailor, if he he in the jail; and if he be not in the jail, with his deputy.

If the jailor has no deputy, fie warrant may be lodged with any officer of the jail then being in the jail.

Upon the receipt of a warrant, under section three hundred and one or three hundred and two, the office 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.

If a woman sentenced to death be found to be pregnant, the High Court shall order the execution of the sentence to be, postponed, and may commute the sentence.

Whenever an offender is sentenced to pay a fine, the Court which sentences him may issue a warrant for the levy of the amount by distress and Sale of any moveable property belonging to the offender, 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.

Such warrant may he 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 in which such property is situated.

Section to what cases applicable. This section shall not apply to cases in which any special procedure is laid down, by any special or local law in force for the time being, for the recovery of any fine, but shall apply to cases in which no such procedure is laid down, and to all fines not levied when this Act comes into force, but which might have been levied under this section if it had been in force when they were imposed.

Who may issue warrant. The warrant may be issued either by the Judge or Magistrate who passes the sentence or by his successor in office.

Whenever a Criminal Court imposes a fine under any law in force for the time being, or confirms in appeal or revision a sentence of such fine, or a sentence of which such fine forms a part, 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 he awarded by a Court whose decision is subject to appeal or revision, the amount awarded shall not be paid until the period prescribed for presentation of the appeal has elapsed, or, if an appeal he presented, till after the decision of the appeal.

In any subsequent civil proceedings relating to the same matter, the Court shall take into account any sum which may have been awarded under this section.

In every case punishable under any law in force for the time being with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, the Criminal Courts shall he guided by the provisions of sections sixty-four and sixty-five of the Indian Penal Code in awarding the period of imprisonment in default of payment of the fine:

Proviso as to cases decided by a Magistrate. Provided that, in no case decided by a Magistrate, where imprisonment shall have been awarded as part 3, of the substantive sentence, shall the period of imprisonment awarded in default of payment of the fine 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.

Where a person is sentenced to fine only, the Magistrate may award such term of imprisonment in default of payment of fine as is allowed by law, provided the amount does not exceed the Magistrate's powers under this Act.

When the punishment of whipping is awarded, in addition to imprisonment, by a Court whose sentence is open to revision by a superior Court, the whipping shall not he inflicted until fifteen days from the date of such sentence, or, if an appeal be made within that time, until the sentence is confirmed by the superior Court: but the whipping shall be inflicted immediately on the expiry of the fifteen days, or, in case of an appeal, immediately on the receipt of the order of the Appellate Court confirming the sentence.

In the case of a person of or over sixteen years of age, the punishment of whipping shall he inflicted with such instrument, in such mode, and on such part of the person, as the Local Government directs; and, in the case of a person under sixteen years of age, it shall be inflicted in the way of school discipline with a light ratan.

In no case, if the cat-of-nine-tails he the instrument employed, shall the punishment of whipping exceed one hundred and fifty lashes, or, if the ratan be employed, shall the punishment exceed thirty stripes.

The punishment shall he inflicted in the presence of a Magistrate, and also, unless the Court which passed the sentence otherwise orders, in the presence of a Medical Officer.

No sentence of whipping shall he carried into execution unless a Medical Officer, if present, certifies, or, if there is not a Medical Officer present, unless it appears to the Magistrate present, that the offender is in a fit state of health to undergo the punishment.

Stay of execution. If, during the execution of a sentence of whipping, a Medical Officer certifies, or it appears to the Magistrate present, that the offender is not in a fit state of health to undergo the remainder of the punishment, the whipping shall be finally stopped.

Not to be executed by installments. No sentence of whipping shall he executed by installments.

In any case in which, under section three hundred and twelve, a sentence of whipping is, wholly or partially, prevented from being carried into execution, the offender shall he kept in custody till the Court which passed the sentence can revise it; and the said Court may, at its discretion, either order the discharge of such offender, or sentence him, in lieu of whipping, or in lieu of so much of the sentence of whipping as was not carried out, to imprisonment for any period, which may he in addition to any other punishment to which he may have been sentenced for the same offence:

Provided that the whole period of imprisonment to which such offender is sentenced shall not exceed that to which he is liable by law, or that which the said Court is competent to award.

When a person is convicted, at one trial, of two or more offences punishable under the same or different sections of any law for the time being in force, the Court may sentence him, for the offences of which he has been convicted, to the several penalties prescribed by such enactment or enactments, which such Court is competent to inflict; such penalties, when consisting of imprisonment or transportation; 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 it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:

Maximum term of imprisonment. Provided that in no case shah such person be sentenced to imprisonment for a longer period than fourteen years:

Provided also that, if the case he tried by a Magistrate (other than a Magistrate acting under section thirty-six), the punishment shall not in the aggregate exceed twice the amount of punishment which he is, by his ordinary jurisdiction, competent to inflict.

Whoever, having been convicted of an offence punishable under chapter XII or chapter XVII of the Indian Penal Code with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, shall ordinarily, if the Magistrate considers him an habitual offender, he committed to the Court of Session:

Proviso. provided that, in districts in which the Magistrate of the District has been invested with powers under section thirty-six, the accused person may he placed on his trial before such Magistrate of the District.

When sentence is passed on an escaped convict, for such escape or for any other offence, the Court may direct the sentence to take effect immediately, or after such convict has 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.

When sentence is passed on a person already under sentence of imprisonment or transportation, and the sentence is for imprisonment or transportation, the Court shall direct that such imprisonment or transportation shall commence the expiration of the imprisonment or transportation to which such person has been previously sentenced,

or, if he is undergoing a sentence of imprisonment, and the sentence on such subsequent conviction he for transportation, the Court may direct that the sentence shall commence immediately, or at the expiration of the imprisonment to which such person has been previously sentenced:

Proviso. Provided that noting in this section shall he held to excuse such person from any part of the punishment to which he is liable upon such former or subsequent conviction.

When any person under the age of sixteen years is sentenced by any Criminal Court to imprisonment for any offence, such Court may direct that such offender, instead of being imprisoned in the criminal jail, shall he confined in any reformatory established by the Local Government as a fit place for confinement, in which there are means of suitable discipline and of training in some branch of useful industry or which is kept by a person willing to obey such rules as the Government prescribes with regard to the discipline and training of persons confined therein.

All persons confined under this section shall be subject to the rules so prescribed by Government.

The Governor General of India in Council may, from time to time, appoint a place or places within British India to which persons sentenced to transportation shall he sent: 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; and no sentence of transportation shall specify the place to which the person sentenced is to be transported.

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

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

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 the person sentenced accepts, remit the whole or any part of the punishment to which he has been sentenced.

If the person to whom a pardon has been given fails to fulfill the conditions prescribed by the Governor General of India in Council, or the Local Government, the Governor General of India in Council or the Local Government, as the case may he, may withdraw such pardon, whereupon such person shall he remanded to undergo the unexpired portion of his sentence.

Power to commute punishment. The Governor General of India in Council, or the Local Government, may also, without the consent of the person sentenced, in substitution for the sentence passed according to law, commute any one of the following sentences for any other mentioned after it:

death, transportation, penal servitude, imprisonment.

EVIDENCE

SPECIAL RULES OF EVIDENCE IN CRIMINAL CASES

The examination of a Civil Surgeon or other medical witness, taken and duly attested by a Magistrate, may be given in evidence in any criminal trial, although the person examined is not called as a witness.

Court may summon medical witness. The Court may summon such Civil Surgeon or other medical witness, if it sees sufficient cause for doing so.

If an accused person admits the commission of an offence before a Court competent to try him for such offence, such Court may convict him on his own admission.

Any document purporting to be a report from the Chemical Examiner, or Assistant 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 inquiry relating thereto, may, if it hears his signature, he used as evidence in any criminal trial.

Genuineness of signature may be presumed. The Court may presume that the signature of any such document is genuine, and that the person signing it held the office which he professed to hold at the time when he signed it.

Where a previous conviction or acquittal is to be proved against an accused person, application shall be made to the officer in whose custody the records of such trial may be. It shall not be necessary to produce the record of the conviction or acquittal of such accused person, or a copy thereof, but an extract may be produced in proof of such conviction or acquittal, if certified, under the hand of the Clerk of the Court or other officer having the custody of the records of the Court in which such conviction or acquittal was had, or by the deputy of such clerk or officer, to be a copy of the charge, finding and sentence, as the case may be.

If an accused person abscond, and after due pursuit cannot be arrested, any Court competent to try or to commit such accused person for trial for the offence complained of may, in his absence, record the statements of the persons acquainted with the facts; and such depositions may, on the arrest of such person, be put in on his trial for such offence, if it is not practicable to procure the attendance of such witnesses.

Whenever any Magistrate, after having-heard part of the evidence in a case, ceases to exercise jurisdiction in such case and is succeeded by another Magistrate who has and who exercises jurisdiction in such case, such last-named Magistrate may decide the case on the evidence partly recorded by his predecessor and partly recorded by himself, or he may resummon the witnesses and commence afresh:

Provided that the accused person may, when the second Magistrate commences his proceedings, demand that the witnesses shall be resummoned and reheard, in which case the trial shall be commenced afresh:

Provided also that any Court of Appeal or Revision before which the case may be brought,

or, in cases tried by Magistrates subordinate to the Magistrate of the District, the Magistrate of the District, without appeal,

may set aside any conviction passed on evidence not wholly recorded by the Magistrate before whom the conviction was had, if such Court or Magistrate is of opinion that the accused person has been materially prejudiced thereby; and may order a new trial.

Whenever, from any cause, a Magistrate making an inquiry under chapter XV of this Act is unable to complete the proceedings himself, any other Magistrate having jurisdiction to inquire and to commit may complete the case and proceed as if he had recorded all the evidence himself.

Whenever it appears that the attendance of a witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would he unreasonable, it shall be competent to a Court of Session or to a High Court to dispense with the personal attendance of such witness.

Mode of issuing commission. Such Court of Session or High Court may direct a commission to the Magistrate of the District, or to a Magistrate of the first class, in whose jurisdiction such witness may be. The Magistrate to whom the commission is directed shall proceed to the place where such witness is, or shall summon such witness before himself. Such Magistrate shall take the evidence of such witness in the same manner, and shall have for this purpose, and may exercise, the same powers, as in trials of warrant cases.

Prosecutor and accused may examine witness. The prosecutor and the accused person may forward interrogatories, to which the officer to whom the commission is directed shall cause a return to he made, or the prosecutor may appear personally before the Magistrate to whom the commission is directed, or the prosecutor or accused person may so appear by authorized agent.

Procedure when commission is required in Magistrate's cases. Whenever, in the course of a trial before a Magistrate, it shall appear that a commission ought to be issued for the examination of a witness whose evidence is necessary in such trial, such Magistrate shall apply to the Court of Session to which he is subordinate, stating the reasons for the application; and such Court may either issue a commission in the manner hereinbefore provided, or may reject the application.

EVIDENCE HOW TAKEN

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

In inquiries and trials (other than summary trials) under this Act, the evidence of the witnesses shall be recorded by the Magistrate or Sessions Judge, as the case may be, in the following manner.

In summons cases tried before Magistrates, and in cases of the kind referred to in section two hundred and twenty-two, when tried by a Magistrate of the first or second class, otherwise than at a summary trial, the Magistrate shall make a memorandum of the substance of the evidence of each witness, as the examination of the witness proceeds.

Such memorandum shall be written and signed by the Magistrate with his own hand, and shall form part of the record.

If the Magistrate is 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 writing from his dictation in open Court, and shall sign the same; and such memorandum shall form part of the record.

In all other cases before Magistrates, and in all proceedings before Courts of Session, the evidence of each witness shall be taken down in writing in the language in ordinary use, in the district in which-the Court is held, by or in the presence and hearing, and under the personal direction and superintendence, of the Magistrate or Sessions Judge, and shall he signed by the Magistrate or Sessions Judge.

Evidence in English. When the evidence of a witness is given in English, the Magistrate or Sessions Judge 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 in which the Court is held, shall form part of the record.

If the accused person he a European British subject, or be familiar with the English language, no translation shall he necessary.

Memorandum when evidence not taken down in writing. In cases in which the evidence is not taken down in writing by the Magistrate or Sessions Judge, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes, and such memorandum shall he written and signed by the Magistrate or Sessions Judge, with his own hand, and shall form part of the record.

If the Magistrate or Sessions Judge is prevented from making a memorandum as above required, he shall record the reason of his inability to do so.

The Local Government may direct that, in any district or part of a district, or in proceedings before any Court of Session, or before any Magistrate or class of Magistrates, the evidence of complainants or witnesses shall he taken down by the Sessions Judge or Magistrate with his own hand in the vernacular language of the Sessions Judge or Magistrate, unless the Sessions Judge or Magistrate he prevented by any sufficient reason from taking down the evidence of any complainant or witness, in which case he shall record the reason of his inability to do so, and shall cause the evidence to he taken down in writing from his dictation in open Court.

The evidence so taken down shall he signed by the Sessions Judge or Magistrate, and shall form part of the record:

or in English or in language in ordinary use in district. Provided that, if the vernacular language of the Sessions Judge or Magistrate he not English or the language in ordinary use in the district in which the Court is held, the Local Government may direct him to take down the evidence in the English language, or in the language in ordinary use in the district in which the Court is held, instead of his own vernacular.

In cases of the kind referred to in section three hundred and thirty-three, tried before Magistrates, the Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in section three hundred and thirty-four, or, if, within the jurisdiction of such Magistrate, the Local Government has made the order referred to in section three hundred and thirty-five, in the manner provided in section three hundred and thirty-five.

The Local Government may determine what, for the purposes of this Act, shall be held to be the language in ordinary use in any district in which a Court is held.

The evidence taken under section three hundred and thirty-four 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 or Sessions Judge to take down, or cause to be taken down, any particular question and answer, if there appears any special reason for so doing, or if any person who is a prosecutor or a person accused, or his counsel or agent, requires it.

As the evidence of each witness, taken under section three hundred and thirty-four, is completed, it shall be read over to the witness in the presence of the accused person, if in attendance, or of his agent, when his personal attendance is dispensed with and he appears by agent, and shall, if necessary, be corrected.

If the witness deny the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge 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 thinks necessary.

If the evidence be taken down in a language different 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.

In all cases whatever, when the evidence is given in a lauguage not understood by the accused person, it shall be interpreted to him in open Court in a language understood by Mm, where he is present in person.

If he appears by agent, and the evidence is given in a language other than the language in ordinary use in the district in which the Court is held, it shall be interpreted to such agent in that language.

In cases in which documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appear necessary.

Every Sessions Judge or Magistrate recording the evidence of a witness shall record such remarks as he thinks material respecting the demeanor of such witness whilst under examination.

In all inquiries and trials, a Criminal Court may from time to time and at any stage of the proceedings,

put any questions to the accused person which such Court may think proper.

The accused person shall not be liable to any punishment for refusing to answer, or for answering falsely, questions asked under section three hundred and forty-two, but the Court shall draw such inference as seems just from shell refusal.

Except as is provided in section three hundred and forty-seven, 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.

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

Whenever an accused person is examined, the whole of such examination, including; every question put to him and every answer given by him, shall he recorded in full, and shall be shown-or read to him, and he shall he at liberty to explain or add to his answers.

When the whole is made conformable to what he declares is the Truth, the examination shall he attested by the signature of the Magistrate or Sessions Judge. 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.

In cases in which the examination of the accused person is not recorded by the Magistrate or Sessions Judge himself, he shall he bound, as the examination proceeds, to make a memorandum thereof in the vernacular of the district, or in English, if he is sufficiently acquainted with that language; and such memorandum shall he written and signed by the Magistrate or Sessions Judge with his own hand, and shall be annexed to the record. If the Magistrate or Sessions Judge is precluded from making a memorandum as above required, he shall record the reason of his inability to do so.

The accused person shall sign, or attest by his mark, such record.

If the examination he taken in the course of a preliminary inquiry, and the Court of Session find that the provisions of this section have not been fully complied with, it shall take evidence that the prisoner duly made the statement recorded: Provided that, if the error does not prejudice the prisoner it shall, not he deemed to affect the admissibility of the statement so recorded.

The Magistrate of the District, any Magistrate of the first class inquring into the case, or, with the sanction of the Magistrate of the District, any Magistrate, duly empowered to commit to the Court of Session, may, after recording his reason for so doing, 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 seven of the fourth schedule hereto annexed as triable exclusively by the Court of Session, 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.

Any person accepting a tender of pardon under this section shall be examined as a witness in the ease, under the rules applicable to the examination of witnesses.

Such person, if not on bail, shall be detained in custody pending the termination of the trial.

A Magistrate having tendered a pardon under this section, and examined the accused person, is precluded from trying the case himself.

The High Court as a Court of Revision, and the Court of Session 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 committing 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 before judgment is passed, 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.

When a pardon has been tendered under section three hundred and forty-seven or section; three hundred and forty-eight, if it appears to the Magistrate before the trial, or to the Court of Session before judgment has been passed, or to the High Court as a Court of Reference or Revision, that any person who has accepted such offer of pardon has not conformed to the conditions under which the pardon was tendered, either by wilfully concealing anything essential, or by giving false evidence 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.

The statement made by a person under pardon, which pardon has been withdrawn under this section, may be put in evidence against him.

OF SECURING THE ATTENDANCE OF WITNESSES

The following procedure shall be pursued in order to obtain the attendance of witnesses before a Magistrate or Criminal Court.

Any Court or Magistrate may, at any stage of any proceeding, inquiry or trial, summon, in the manner provided by chapter XII, any witness, or examine any person in attendance though not summoned as a witness, and, it shah be its or his duty to do so if the evidence of such person appears essential to the just decision of the case.

If a Court or Magistrate has reason to believe that any witness whose attendance is required will not attend to give evidence without being compelled to do so, it or he may, instead of issuing a summons, issue a warrant of arrest in the first instance.

If such warrant cannot he executed, and the Court or Magistrate Considers that the witness absconds or conceals himself for the purpose of avoiding the service thereof, it or he may issue a proclamation, requiring the attendance of such witness to give evidence at a time and place to he named therein, to he affixed on some conspicuous part of such witness ordinary place of abode.

If the witness does not attend at the time and place named in such proclamation, the Court or Magistrate may order the attachment of any moveable property belonging to such witness, to such amount as seems reasonable, not being in excess of the amount of costs of attachment and of any fine to which the witness may be liable under the provisions of the following section.

Such order shall authorize the attachment of any moveable property within the jurisdiction of the Court or Magistrate by whom it was made; and it shall authorize the attachment of any moveable property without the jurisdiction of the said Court or Magistrate, when endorsed by the Magistrate of the District in which such property is situated.

If the witness appears and satisfies such Court or Magistrate that he did not abscond or conceal himself for the purpose of avoiding the execution of the warrant, and that he had not notice of the proclamation in time to attend at the time and place named therein, the Court or Magistrate shall direct that the property he released from attachment, and shall make such order in regard to the costs of the attachment as to such Court or Magistrate seems fit.

Sale of property of witness not appearing or not satisfying Court or Magistrate. If such witness does not appear, or, appearing, fails to satisfy the Court or Magistrate that he did not abscond or conceal himself for the purpose of avoiding the execution of the warrant, and that he had not such notice of the proclamation as aforesaid, the Court or Magistrate may order the property attached, or any part thereof, to he sold for the purpose of satisfying all costs incurred in consequence of such attachment, together with the amount of any fine which may be imposed upon such witness under the provisions of section one hundred and seventy-two of the Indian Penal Code.

If the witness pays to such Court or Magistrate the costs and fine as aforesaid, his property shall be released from attachment.

If any person summoned to give evidence neglects or refuses to appear at the time and place appointed by the summons, and no reasonable excuse is offered for such neglect or refusal, the Court or Magistrate, upon proof of the summons having been duly served, may issue a warrant under his hand and seal, to bring such person before him to testify as aforesaid.

If any person summoned or brought before a Magistrate refuses to answer such questions as are put to him, without offering any reasonable excuse for such refusal, such Magistrate may, by warrant under his hand and seal, commit him to custody for any term not exceeding seven days, unless in the meantime such person consents to he examined and to answer; after which, in the event of his persisting in his refusal, he may he dealt with according to the provisions of section four hundred and thirty-five or four hundred and thirty-six.

In inquiries preliminary to commitment to a Court of Session or High Court, the Magistrate shall procure the attendance of the witnesses for the prosecution as in cases usually tried upon warrant; and it shall he in his discretion to summon any witness offered on behalf of the accused person to answer or disprove the evidence against him. If the Magistrate refuses to summon a witness so offered, he shall record his reasons for such refusal.

Power to summan supplementary witness. The Magistrate may summon and examine supplementary witnesses after commitment and before the commencement of the trial, and bind them over to appear and give evidence. Such examination shall, if possible, be taken in the presence of the accused person, and, in every case, a copy of the examination of such witnesses shall be given him free of cost.

In such inquiries, when the person accused is to be committed for trial, and has given in the list of witnesses mentioned in section two hundred, the Magistrate shall summon the witnesses to appear before, the Court before which the accused person is to he tried.

If the Magistrate thinks, 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.

If the Magistrate be not so satisfied, he shall not he bound to summon the witness; but, in doubtful cases, he may summon such witness, if such a sum is deposited with the Magistrate as he thinks necessary to defray the expense of obtaining the attendance of the witness.

Prosecutors, and witnesses for the prosecution and defence, whose attendance is necessary before the Court of Session or High Court, shall execute before the Magistrate recognizances, in the form (F) given in the second schedule to this Act, or to the like effect, to be in attendance when called upon at the Court of Session or High Court, to prosecute or to give evidence, as the case may be.

Detention in custody in case of refusal to execute recognizance. If any prosecutor or witness refuses to attend before the Court of Session or High Court, or to execute the recognizance above directed, the Magistrate may detain him in custody until he executes such recognizance, or until the time when his attendance at the Court of Session or High Court is required, when the Magistrate shall send him under custody to the Court of Session or High Court.

In summons cases, the Magistrate may summon any person who appears to him likely to give material evidence on behalf of the complainant or the accused.

Ordinarily it shall be the duty of the complainant and accused, in non-cognizable eases, to produce their own witnesses.

In such cases, it shall be in the discretion of the Magistrate to summon any witnesses named by the complainant or the accused; and he may require, in such eases, a deposit of the expenses of a witness before summoning him.

In warrant eases, 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 ease, and who are likely to give evidence for the prosecution, and shall summon such of them to give evidence before him as he thinks necessary.

The Magistrate shall also, subject to the provisions of section three hundred and fifty-nine, 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 that purpose, at his discretion, adjourn the trial from time to time. If the Magistrate refuse to summon a witness named by the accused person, he shall record his reasons for such refusal, and the accused person shall be entitled to appeal to the Court of Session against such refusal.

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, except as provided in section four hundred and forty-eight, be entitled of bright to hate any witness summoned, other than the witnesses named in the list delivered to the Magistrate by whom he was committed or held to bail for trial.

If a witness before a Court of Session refuses to answer any question which is put to him, and does not offer any just excuse for such refusal, the Court may commit him to custody for such reasonable time as it deems proper, unless in the meantime he consents 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 four hundred and thirty-five or four hundred and thirty-six.

Whenever an officer in charge of a Police-station, or any Court, considers that the production of any document is necessary or desirable for the purposes of any investigation or judicial proceeding, such officer or Court may issue a summons to the party in whose keeping such document is believed to be, requiring him to attend and produce such document at the time and place stated in the summons.

If there appears reason to believe that the person to whom the summons is addressed will not produce it as directed in the summons, such officer or Court may issue a search-warrant for the document in the first instance.

Any Court may, if it thinks fit, impound any document produced before it, or may, at the conclusion of the proceedings, order such document to be returned to the person who produced it.

OF SEARCH-WARRANTS

When a Magistrate considers that the production of anything is essential to the conduct of an inquiry into an offence known or suspected to have been committed, or to the discovery of the offender,

or when he considers that such inquiry or discovery 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 or inspect any house or place within the jurisdiction of the Magistrate of the District.

The Magistrate issuing such warrant 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 or inspect only the house, place or part so specified.

The last preceding section shall not authorize any Magistrate, other than the Magistrate of the District, to grant a search-warrant for a letter in the custody of the Postal Department;

but if any such letter is wanted for the purpose of any criminal proceeding, any Magistrate or District Superintendent of Police may give notice to the Portal authorities to cause search to be made for and to detain any such letter, pending the orders of the Magistrate of the District; and the Magistrate of the District may, if he thinks fit, direct the Postal authorities to deliver up any such letter.

A search-warrant shall ordinarily he directed to a Police officer; but the Magistrate issuing the warrant may, after recording: his reasons, if immediate search is necessary and no Police officer be immediately available, direct it to any other person.

A search-warrant directed or endorsed to Police officer may, if he is not able to proceed in person, he executed by any other Police officer.

Endorsement. In such case the name of such Police officer shall he endorsed upon the warrant by the officer to whom it is directed or endorsed.

When it is necessary for a search-warrant to he executed out of the district in which it was issued, any Magistrate within whose local jurisdiction the warrant is to be executed shall endorse his name thereon.

Such endorsement shall he sufficient authority for the Police officer charged with the execution of the warrant to execute the same within the said jurisdiction.

Or the search-warrant may be directed to the Magistrate within whose local jurisdiction the search is to he made; and he shall thereupon endorse his name on such warrant, and enforce its execution in the same manner as if it had been issued by himself.

Whenever there is reason to believe 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 he made, the Police officer charged with the execution of the warrant may execute the same, in any place beyond the district in which it was issued, without the endorsement of the Magistrate in whose local jurisdiction that place is situate.

Thing found to be taken to Magistrate with whose jurisdiction it is found and Order thereon. If the thing for which search is made is found in such place, it shall, when the place where the thing is found is nearer to the Magistrate, having jurisdiction in such place than to the Magistrate who issued the warrant, he immediately taken before the Magistrate in whose local jurisdiction it is found; and unless there be good cause to the contrary, such Magistrate shall make an order authorizing it to be taken to the Magistrate who issued the warrant.

If the thing be not found after such search, the Police officer making the same shall, in addition to the return made to the Magistrate who issued the warrant, report the fact to the Magistrate in whose local jurisdiction the search was made.

If the thing searched for he found within a Presidency town, it shall he taken to the Commissioner of Police or to a Police Magistrate; and such Commissioner or Magistrate shall act in the manner prescribed in section three hundred and seventy-three.

Whenever it appears necessary, a Magistrate may, by his warrant, order search to he made in a place out of his jurisdiction, and may direct that the warrant he 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 local jurisdiction the house or place to he searched is situate, or if the house or place be situate within a Presidency town, he shall inform the Commissioner of Police, of the issue of such warrant.

A Magistrate issuing a search-warrant to he executed in any house or place out of the jurisdiction of the Magistrate of the District, or out of his own Division, may direct the warrant to any Magistrate within whose local jurisdiction such house or place is situate, and may send the same by post.

Endorsement and execution by such Magistrate. On receipt of such 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.

Direction warrant to be executed in Presidency town. If the warrant is to be executed within a Presidency town, it shall he addressed to the Commissioner of Police or to a Police Magistrate.

In such case, any property found on search, made may be dealt with as provided in sections three hundred and seventy-three and three hundred and seventy-four.

If the Magistrate of the District, or a Magistrate of a Division of a District, or a Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any house or place is used as a place for the deposit or sale of stolen property,

or for the deposit or sale or manufacture of forged documents, or counterfeit Government stamps, or counterfeit coin, or instruments or materials for counterfeiting coin dr for forging,

or that any forged documents, or counterfeit stamps, or false seals, or counterfeit coin, or instruments or materials used for counterfeiting coin, or for forging, are kept or deposited in any house or place,

he may by his warrant authorize any Police officer above the rank of a constable to enter, with such assistance as may he required, and by force if necessary, any such house or 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 reasonably suspects to be stolen, forged, false, or counterfeit, and also of any such intruments and materials as aforesaid.

The Magistrate by whom a search-warrant is issued may attend personally for the purpose of seeing that the warrant is duly executed.

Magistrate may direct search in his present. 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.

Whenever an officer in charge of a Police-station, or a Police officer making an investigation, considers that the production of anything is necessary to the conduct of an investigation into any offence which he is authorized to investigate, he may search or cause search to be made for the same, in any house or place within the limits of the station of which he is in charge or to which he is attached.

In such case, the officer in charge of the Police-station or Police officer making investigation shall, if practicable, conduct the search in person.

If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, the officer in charge of the Police-station, or Police officer making investigation, may require any officer subordinate to him to make the search; and he shall deliver to such subordinate officer an order in writing, specifying the property for which search is to be made and the house or place to he searched, and such subordinate officer may thereupon search for such property in such house or place.

The provisions of sections three hundred and eighty-two to three hundred and eighty-five (both inclusive), relating to search-warrants, shall be applicable to a search made under this section by or under the direction of an officer in charge, of a Police-station, or by a Police officer making an investigation.

An officer in charge of a Police-station 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 he made in any house or place, in any case in which the former officer might cause such search to he made within the limits of his own station.

Such officer, on being so required, shall proceed according to the provisions of section three hundred and seventy-nine, and shall forward the thing found, if any, to the officer at whose request the search was made.

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 has reason to believe that there are, in such shop or premises, any weights, measures or instruments for weighing which are false.

If such officer finds, 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.

Whenever any house or place liable to search or inspection under this chapter is closed, any person residing in, or being in charge of, such house or place shall, on demand of the officer or other person executing the warrant, allow such officer or other person free ingress thereto, and afford all reasonable facilities for a search therein.

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 such house or place, in order to execute the warrant, if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.

If the place ordered to be searched is an 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 apartment, not being a woman against whom a warrant of arrest has been issued, that she is at liberty to withdraw.

After giving such notice and allowing a reasonable time for such woman to withdraw, and affording her every reasonable facility for withdrawing, such officer or person may enter such 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.

Before conducting a search under this chapter, the officer conducting it shall call upon two or more respectable inhabitants of the place in which the house or place to be searched is situate, to attend and witness the search.

The search shall be made in their presence, but they shall not be required to attend the Court of the Magistrate as witnesses, unless specially summoned by him.

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

Whenever it is necessary to cause a woman to be searched, the search shall be conducted with strict regard to the habits and customs of the country.

Whenever a person is arrested by the Police under a warrant which does not provide for the taking of bail,

or under a warrant which provides for the taking of bail, but the arrested person cannot furnish bail,

or is arrested without warrant and is not admitted to bail,

it shall be the duty of the arresting officer to search such person and to place in safe custody all articles, other than necessary articles of apparel, found on such person.

A list of such articles shall be forwarded with the daily diary or with the final report in the case.

PROCEDURE INCIDENTAL TO INQUIRY AND TRIAL

BAIL

When any person appears or is brought before a Magistrate, accused of any bailable offence, he shall be admitted to bail.

390. Power to direct admission to bail. The Court of Session may in any ease, whether there he an appeal on conviction or not, direct that an accused person shall he admitted to bail, or that the hail required by a Magistrate be reduced.

391. Recognizance of accused and sureties. When a Magistrate admits to bail any person accused or suspected of any offence, a recognizance, in such sum of money as the Magistrate thinks sufficient, shall be entered into by the person so accused, and one or more sureties, conditioned that such person shall attend at the time and place mentioned in the recognizance, and shall continue to attend until otherwise directed by the Court, and, if required, shall appear when called upon at the Court of Session or other Court, as the case may he, to answer the charge.

392. Insufficient bail. If, through mistake of fraud, insufficient hail has been taken, or if the sureties become afterwards insufficient, the accused person may be ordered by the Magistrate to give sufficient bail or to find sufficient sureties, and, in default, may he committed to prison.

393. 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.

394. Discharge on bail. After the recognizances have been duly entered into, the Magistrate, in case the accused person has appeared voluntarily or is in the custody of some officer, shall thereupon release, him; and in case he is in some prison or other place of confinement, shall issue a warrant of release to the jailor or other person having him in his custody, and such jailor or other person shall thereupon release him.

395. Discharge of sureties. Any one or more of 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 of arrest, 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.

396. Procedure to compel payment of penalty by accused. Whenever, by reason of default of appearance of the person executing the personal recognizance, the Magistrate is 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 issuing a warrant for the attachment and sale of the moveable property belonging to such person, which may be found within the jurisdiction of the Magistrate of the District. Such warrant may be executed within the jurisdiction of the Magistrate of the District, and it shall authorize the distress and sale of any moveable property belonging to the accused person, without the jurisdiction of the said Magistrate, when endorsed by the Magistrate of the District in which such moveable property is situated.

397. Procedure to compel payment of penalty by sureties. Whenever, by reason of default of appearance by the person bailed, the Magistrate is of opinion that proceedings should he 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.

If such penalty be not paid and if no sufficient cause for its non-payment be shown, the Magistrate shall proceed to recover the penalty from such surety or sureties, by issuing a warrant for the attachment and sale of any moveable property belonging to him or them which may be found within the jurisdiction of the Magistrate of the District. Such warrant may be executed within the jurisdiction of the Magistrate of the District and it shall authorize the distress and sale of any moveable property belonging to the surety or sureties, without the jurisdiction of the said Magistrate, when endorsed by the Magistrate of the District in which such moveable property is situated.

If such penalty be not paid and cannot he 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.

398. In what cases the power given by Section 396 and 397 may be exercised. The powers given by sections three hundred and ninety-six and three hundred and ninety-seven may he exercised by every Criminal Court in every case in which a personal recognizance or hail 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

Remission of part of penalty. Provided that the Magistrate or Court may, at his or its discretion, remit any portion of the penalty mentioned in the recognizance of the accused person, or of the surety or sureties, and enforce payment in part only:

Revision of order. All orders passed by any Magistrate, other than the Magistrate of the District, under this section or section three hundred and ninety-six or three hundred and ninety-seven, shall be appealable to the Magistrate of the District, or, if not so appealed, may be revised by him.

High Court or Court of Session may direct Magistrate to levy sum forfeited. A High Court or a Court of Session may direct any Magistrate to levy the amount due on a forfeited bail-bond executed in respect of attendance before such High Court or Court of Session.

399. Deposit may be made instead of bail. When any person is required by any officer or Criminal Court to give bail, except in cases coming under chapter XXXVIII, such officer or Court may permit such person to deposit a sum of money or Government promissory notes to such amount as it may fix in lieu of such bail.

FORMATION OR LISTS OR JURORS AND ASSESSORS AND THEIR ATTENDANCE

400. List jurors and assessors. The Sessions Judge and the Collector of the District, or such other officer as the Local Government from time to time appoints in this behalf, shall 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 are held, or within such other distance as the Local Government - thinks fit to direct, who are, in the judgment of the Sessions Judge and 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 is a European or an American, the list shall mention the race to which he belongs.

401. 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 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.

To every such copy shall be subjoined a notice, stating that objections to the list will be heard and determined by the Sessions Judge and Collector or other officer as aforesaid, at the Sessions Court-house, and at a time to be mentioned in the notice.

402. Revision of list. For the hearing of such objections, the Sessions Judge shall sit with the Collector or other officer as aforesaid, and 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 shall strike out the name of any person not suitable in their judgment to serve as a juror or as an assessor, or, who may avail himself of the exemption from service given by section four hundred and six, and insert the name of any person omitted from the list whom they deem qualified for such service.

In the event of a difference of opinion between the Collector or other officer as aforesaid and the Sessions Judge, the name of the proposed juror or assessor shall be omitted from the list.

A copy of the revised list shall be signed by the Sessions Judge and Collector or other officer as aforesaid, and sent to the Court of Session.

Any order of the Sessions Judge and Collector or other officer as aforesaid, in preparing and revising the list, shall be final.

403. Annual revision of list. The list so prepared and revised shall be again revised once in every year.

The list so revised shall be deemed a new list, and shall be subject to all the rules hereinbefore contained as to the list originally prepared.

404. Jurors and assessors. All male persons between the ages of twenty-one and sixty, resident within the local limits of the jurisdiction of the Court of Session, except those hereinafter mentioned, shall be deemed capable of serving as jurors and assessors, and shall be liable to be summoned accordingly.

405. Disqualification. The following persons are incapable of serving as jurors or as assessors, 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 Sessions Judge and Collector, renders them unlit to serve on the jury:

Persons afflicted 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.

406. Exemptions. The following persons are exempt from the liability to serve as jurors or as assessors, namely:

All officers in civil employ superior in rank to a Magistrate of the District:

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 thinks fit to exempt on the ground of official duty;

Chaplains and others employed in religious offices:

All persons in the Military service, except when, by any law in force for the time being, such persons are specially made liable to serve:

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:

All persons exempted by the Local Government and persons exempted by Government from personal appearance in Court, under the provisions of the Code of Civil Procedure, section twenty two.

Person exempted is not bound to avail himself of his right of exemption. The exemption from service given by this section is a right of which each person exempted may avail himself or not.

Nothing contained in this section shall be construed to disqualify any such person, if he is willing to serve as a juror or as an assessor.

The Sessions Judge may issue a summons to any exempted person, to serve as an assessor or juror on the trial of a European British subject.

407. Court summon jurors. The Court of Session shall ordinarily, three days at the least before the time fixed for the holding of the sessions, send a precept to a Magistrate directing him to summon as many persons named in the said revised list, as seem to the Court to he 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 he 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; the names so drawn shall he specified in the precept to the Magistrate.

408. Summoning and empannelling jurors under Section 234. When a trial is to be 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 two hundred and thirty-four, the Court of Session shall, three days at least before the day fixed for holding such trial, cause to be summoned, in the manner hereinafter prescribed, as many European and American jurors as are required for the trial, if there be so many on the jury-list of the district in which the trial is to be held.

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 already summoned for jury trials at that session.

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 two hundred and forty, until a jury containing the proper number of Europeans or Americans, or a number approaching thereto as nearly as possible, has been obtained.

If a jury containing the requisite number of Europeans and Americans is 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.

409. From and service of summons. Every summons to a juror or assessor shall be in writing, 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 he 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.

410. Power to summons another set of jurors or assessors. The Court of Session may direct jurors or assessors to be summoned at other periods than the period specified in section four hundred and seven, when the number of trials before the Court renders the attendance of one set of jurors or assessors for a whole session oppressive, dr whenever it is found to be necessary.

411. Service of summons on office of Government. If any person summoned to serve as a juror or assessor be in the service of Government or of a Railway Company, the summons shall be sent to him through the head officer of the office in which he is employed; and the Court may excuse, the attendance of such person if it appear, on the representation of such head officer, that the person, summoned cannot serve as a juror or assessor without inconvenience to the public service.

412. Court may excuse attendance of juror or assessor. The Court of Session may excuse any juror or assessor from attendance for reasonable cause.

413. List of jurors or assessors attending. At each session, the Court shall cause to he made a list of the names of those who serve as jurors or assessors at such session.

Such list shall be kept with the revised list of the jurors and assessors prepared under section four hundred and two.

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.

414. Penalty for non-attendance of juror or assessor. Any person summoned to attend as a juror or as an assessor, who, without lawful excuse, fails to attend as required by the summons, or who, having attended, departs without having obtained the permission of the Court, or fails to attend after an adjournment of the Court after being ordered to attend, shall be liable, by order of the Court of Session, to a fine not exceeding one hundred rupees.

Such fine shall be levied by the Magistrate of the District, by attachment and sale of any moveable property belonging to such juror or assessor within the jurisdiction of the Sessions Court making the order.

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 he not sooner paid.

MISCELLANEOUS PROVISIONS

415. Procedure by Police upon seizure of stolen property. The seizure, by any Police officer, of property alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence, shall be forthwith reported to a Magistrate, who shall thereupon make such order respecting the custody and production of such property as he thinks proper.

Sale of perishable property. If such property is of a perishable nature, or if it appears to the Magistrate that its sale would be for the benefit of the owner, such Magistrate may at any time direct it to be sold, and shall hold the proceeds of such sale sale in trust for the owner, subject to the provisions contained in sections four hundred and sixteen and four hundred and seventeen.

416. Procedure where owner of property seized unknown. When the owner of any such property is unknown, the Magistrate may detain it, 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.

417. Procedure if no claimant appears within six months. 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, such property shall be at the disposal of the Government, and may be sold under the orders of the Magistrate of the District, or a Magistrate of a Division of a District, or, if duly authorized, a Magistrate of the first class; or, if it has been already sold by the Magistrate, the proceeds thereof shall be at the disposal of the Government.

An appeal shall be allowed to the Court to which appeals against sentences would lie, in the case of every order passed under this section.

418. Order for disposal of property regarding which offence committed. When the trial in any Criminal Court is concluded, the Court may make such order as appears right for the disposal of any property produced before it, regarding which any offence appears to have been committed.

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

420. Order may take from of reference to Magistrate of District. The order passed by any Court under section four hundred and eighteen or four hundred and nineteen, may be in the form of a reference of the property to the Magistrate of the District, or to a Magistrate of a Division of a District, who shall in such cases deal with it as if the property had been seized by the Police and the seizure had been reported to him in the manner hereinbefore mentioned.

421. Expenses of complainants and witnesses. Subject to any rules that may be passed by the Local Government, with the previous sanction of the Governor General of India in Council, the Criminal Courts may order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purpose of any trial before such Court under this Act.

422. Interpreter to be bound to interpret truthfully. When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.

LUNATICS

423. Producer in case of accused being lunatic. When any person charged with an offence before a Magistrate competent to try the case appears to such Magistrate to be of unsound mind and incapable of making a defence, such Magistrate shall institute an inquiry 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 other medical officer, and thereupon shall examine such Civil Surgeon or other medical officer as a witness, and shall reduce the examination into writing.

If such Magistrate is of opinion that the accused person is of unsound mind, he shall stay farther proceedings of the case.

424. When accused appears to have been insane. When, from the evidence given before a Magistrate, there appears to he 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, 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, such accused person shall, if he appears to be sane at the time of inquiry, he sent for trial by the Magistrate before the Court of Session.

If such accused person is a European British subject, the Magistrate shall follow the procedure prescribed in chapter VII.

If an accused person appears to be insane at the time of inquiry, the Magistrate shall act in the manner provided in the last preceding section.

425. Procedure in case of person committed before a Court of Session being lunatic. If any person committed for trial before a Court of Session shall, at his trial, appear to the Court to he 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.

426. Release of lunatic pending investigation or trial. Whenever an accused person is found to he of unsound mind and incapable of making his defence, the Magistrate or Court of Session, as the case may be, if, the offence of which such person is accused 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.

Custody of lunatic. If the offence be not bailable, or if the required hail 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.

427. Resumption of inquiry or trial. Whenever an inquiry or trial is postponed under section four hundred and twenty-three or section four hundred and twenty-five, the Magistrate or Court of Session, as the case may be, may at any time resume the inquiry or trial, and require the accused person, if detained in custody, to he brought before such Magistrate or Court; or, if the accused person has been released on security, may require his appearance.

The surety of such person shall be hound, at anytime, to produce him to any officer whom the Magistrate or Court of Session appoints to inspect him; and the certificate of such officer shall have the same effect as the certificate of an Inspector General of Prisons or the Visitors of Lunatic Asylums, granted under section four hundred and thirty-two.

428. Procedure on accused appearing before Magistrate or Court of Session. If, when the accused person appears or is again brought before the Magistrate or the Court of Session, as the case may be, it appears to such Magistrate or Court that the accused person is in a fit state of mind to make his defence, the inquiry shall proceed, or the accusal person shall be put on his trial, as the case may require.

If it appears 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 four hundred and twenty-three or section four hundred and twenty-five.

429. Finding in case of acquittal on ground of being lunatic. Whenever any person is acquitted upon the ground that, at the time at which he is charged with having 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 such person committed the act or not.

430. Person so acquitted to be kept in safe custody. Whenever such finding states that the accused person committed the act charged, the Magistrate or Court of Session 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 seems 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.

431. Lunatic Prisoners to be visited by Inspector General. When any person is confined under the provisions of section four hundred and twenty-six or section four hundred and thirty, the Inspector General of Prisons, if such person is confined in a jail, or the Visitors of the Lunatic Asylums or any two of them, if he is confined in a Lunatic Asylum, may visit him in order to ascertain his state of mind; and he shall be visited once at least in every six months by such Inspector General or by two of such Visitors as aforesaid; and such Inspector General or Visitors shall make a special report to the Local Government as to the state of mind of such person.

432. Producer where lunatic prisoner is reported capable of making his defence. If such person is confined under section four hundred and twenty-six, and such Inspector General or Visitors as aforesaid shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court of Session, as the case may be, at such time as such Magistrate or Court of Session appoints, and such Magistrate or Court shall deal with such person under the provisions of section four hundred and twenty-eight; and the certificate of such Inspector General or Visitors as aforesaid shall be receivable as evidence.

433. Procedure where lunatic confined under Section 430 is declared capable of being discharged. If such person is confined under the provisions of section four hundred and thirty, and such Inspector General or Visitors as aforesaid certify that, in his or their judgment, he may be discharged without danger of his doing injury to himself or to any other person, the Local Government may thereupon either order him to be discharged, or to he detained in custody, or to be transferred to a public Lunatic Asylum, if he has not been already sent to such an Asylum; and may appoint a commission, consisting of a judicial officer not below the grade of a Sessions Judge, and two medical officers, whereof the chief medical officer attached to the Lunatic Asylum shall be one.

The said commission shall make formal inquiry into the state of mind of such person, taking such evidence as is necessary, and shall report to the Local Government, who may order his discharge or detention as to it may seem fit.

434. Delivery of lunatic to of relative. Whenever any relative or friend of any person detained under the provisions of section four hundred and thirty is desirous that he shall be delivered over to his care and custody, the Local Government, upon the application of such relative or friend, and on his giving security to the satisfaction of such Government that the person detained shall be properly taken care of and Shall be prevented from doing injury to himself or to any other person, may make an order that such person may be delivered to such relative or friend.

Whenever such person is so delivered over, it shall be upon condition that he shall be subject to the inspection of such officer as the local Government appoints, and at such times as such Government directs.

The provisions of sections four hundred and thirty-one and four hundred and thirty-three shall apply to persons detained under the provisions of this section; and the certificate of the inspecting officer appointed under this section shall be dealt with as a certificate of the Inspector General of Prisons, or the Visitors of Lunatic Asylums, under the said sections.

CONTEMPTS OF COURT

435. Procedure in certain cases of contempt. When any such offence as is described in sections one hundred and seventy-five, one hundred and seventy-eight, one hundred and seventy-nine, one hundred and eighty, or two hundred and twenty-eight of the Indian Penal Code is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may 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, may take cognizance of the offence, and adjudge the offender to punishment by fine not exceeding two hundred rupees, and, in default of payment, by imprisonment in the civil jail for a period period not exceeding one month, unless such fine he sooner paid.

In every such ease, the Court shall record the facts constituting the offence, with any statement the offender may make, as well as the finding and sentence.

If the offence is under section two hundred and twenty-eight of the Indian Penal Code, the record must show the nature and stage of the judicial proceeding in which such public servant was sitting, and the nature of the interruption or insult offered.

436. Procedure where Court considers that accused should be imprisoned, or fined more than 200 rupees. If the Court in any case considers that a person accused of any such offence should he imprisoned otherwise than if default of payment of fine, or that a fine exceeding two hundred rupees should he imposed upon him, such Court, after recording the facts constituting the offence, 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 Magistrate of the first class who is a Justice of the Peace and a European British subject; and shall cause bail to be taken for the appearance of such accused person before such Magistrate, or, if sufficient bail be not tendered, shall cause such person to be forwarded under custody to such Magistrate.

If the case be forwarded to a Magistrate, he shaft proceed to try the accused person in the manner provided by this Act for trials before a Magistrate; and such Magistrate may adjudge the offender to punishment, as provided in the section of the Indian Penal Code under which he is charged.

If, in the case of a European British subject, the Magistrate to whom he is forwarded considers the offence to require a more severe punishment than he is competent to award under chapter VII of this Act, he may commit the offender to the Sessions Court.

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.

437. Discharge of offender on submission or apology. When any Court has adjudged an offender to punishment, or forwarded him to a Magistrate for trial, 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.

438. Procedure when offender is a European British subject. When any such offence as is described in chapter X of the Indian Penal Code (except sections one hundred and seventy-five, one hundred and seventy-eight, one hundred and seventy-nine, one hundred and eighty, and two hundred and twenty-eight) 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 of the first class who is a Justice of the Peace and a European British subject; and such Magistrate may deal with the offender, on conviction, in the same manner as is provided in that behalf in section seventy-four.

If such Magistrate considers the offence to require a more severe punishment than he is competent to award under the said section, he may commit the offender to the Sessions Court.

CHARGE, JUDGMENT AND SENTENCE

OF THE CHARGE

FORM OF CHARGES.

439. Charge to state offence. The charge shall state the offence with which the accused person is charged.

Specific name of offence, sufficient statement. If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

How stated where offence has no specific name. If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the prisoner notice of the matter with which he is charged.

The Act and section or sections of the Act against which the offence is said to have been committed must he referred to in the charge.

What implied in charges. The fact that the charge is made shall be equivalent to a statement that every legal condition, necessary by law to constitute the offence, charged, was fulfilled in the particular case.

Language of charge. The charge may be written either in English or in the language of the district. If not written in a language understood by the prisoner, it must be read to him in a language which he understands.

Previous conviction to be set out charge. If the accused person has been previously convicted of any offence, and if it is intended to prove such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards.

(a.) A is charged with the murder of B.

This is equivalent to a statement that A's act fell within the definition of murder given in Sections 299 and 800 of the Indian Penal Code; that it did not fall within any of the general exceptions of the Penal Code; and that it did not fall within any of the five exceptions to Section 300, or that, if it did fall within exception I, one or other of the three provisos to that exception applied to it.

(b.) A is charged, under Section 826 of the Indian Penal Code, with voluntarily causing grievous hurt to B, by means of an instrument for shooting: this is equivailent to a statement that the case was not provided for by Section 335 of the Indian Penal Code, and that the general exceptions did not apply to it.

(c.) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crimes contained in the Indian Penal Code; that the sections under which the offence is punishable must, in each instance, be referred to in the charge.

(d.) A is charged, under Section 184 of the Indian Penal Code, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

440. Particulars as to time, place and person. The charge shall contain such particulars as to the time and place of the alleged offence and the person against whom it was committed, as are reasonably sufficient to give notice to the accused person of the matter with which he is charged.

441. When manner of committing offence must be started. When the nature of the case is such that the particulars mentioned in sections four hundred and thirty-nine and four hundred and forty do not give sufficient notice to the accused person of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will he sufficient for that purpose.

(a.) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.

(b.) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.

(c.) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence, given by A which is alleged to be false.

(d.) A is accused of obstructing B, a public servant, in discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.

(e.) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.

(f.) A is accused of disobeying a direction of the law with intent to save B from, punishment. The charge must set out the disobedience charged and the law infringed.

442. Forms in schedule. The charge may be in the form given in the third schedule to this Act or to the like effect.

443. Effect of errors. No error, either in the way in which the offence is stated, or in the particulars required to he stated stated in section four hundred and forty-one, and no omission to state the offence, or to state those particulars, shall be regarded at any stage of the case as material, unless the person accused was in fact misled by such error or omission.

(a.) A is charged, under Section 242 of the Indian Penal Code, with having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit; the word fraudulently being omitted in the charge. Unless it appears that was in fact misled by this omission, the error shall not be regarded as material.

(b.) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses, and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.

(c.) A is charged with, cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in this case, a material error.

(d.) A is charged, with the murder of Khod Baksh on the 21^st January. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20^th January. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.

(e.) A was charged with murdering Haidar Baksh on the 20^th January, and Khod Baksh (who tried to arrest him for that murder) on the 21^st January. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.

444. Prisoner may apply for amendment. Any accused person may apply to the Court by which he is tried for an amendment of the charge made against him; and in considering whether any error in a charge did in fact mislead the accused person the Court shall take into account the fact that he did or did not make such an application.

445. Court may amend a charge. Any Court may, either upon the application of the accused person, or upon its own motion, amend or alter any charge at any stage of the proceedings before judgment is signed, or, in cases of trials before a Court of Session, before the verdict of the jury is delivered or the opinion of the assessors is expressed. Such amendment shall be read and explained to the accused person.

446. How Court of Session may deal with charge. If a prisoner is committed to the Court of Session, either without any charge at all, or upon a charge which the Court, upon reference to the proceedings before the committing Magistrate, considers improper, the Court of Session may draw up a charge for any offence which it considers to he proved by the evidence taken before the committing Magistrate. A copy of such charge shall be given to the accused person.

447. When trial may proceed immediately 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 such amendment or alteration, to proceed with the trial as if the amended charge had been the original charge.

448. When new trial may be directed 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, the Court may further adjourn the trial, to admit of the appearance of any witness whose evidence the Court may consider to he material to the case, or whom the accused person may wish to he summoned in his defence.

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

450. Previous sanction to be obtained if offence in new charge require it. If the offence stated in the new charge be one for which previous sanction is necessary, the case shall not he proceeded with until such sanction is obtained; unless sanction has been already obtained for a prosecution on the same facts as those on which the new charge was based.

451. Effect of material error. If any Appellate Court, or the High Court in the exercise of its powers of revision, is of opinion that any person convicted of an offence was in fact misled in his defence by an error in the charge, it shall direct a new trial to he had upon a charge amended in whatever manner it thinks proper.

If such Court is of opinion that the facts of the case are such that no valid charge could be preferred against the person accused in respect of the facts proved, it shall quash the conviction.

A is convicted of an offence under Section 188 of the Indian Penal Code, upon a charge which omits to state that A knew that he was directed to abstain from a certain act by an order promulgated by a public servant lawfully empowered to promulgate such order. If the Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge; but if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction.

452. Separate charges for distinct offences. There must be a separate charge for every distinct offence of which any person is accused, and every such charge must he tried separately, except in the cases hereinafter excepted.

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must he separately charged and separately tried for the theft and the causing grievous hurt.

453. More offences than one of same kind may be charged within a year of each other. When a person is accused of more offences than one of the same kind, committed within one year of each other, he may he charged and tried at the same time for any number of them not exceeding three.

Explanation. Offences are said to be of the same kind under this section if they fall within the provisions of section four hundred and fifty-five.

454. I Trial of more than one offence. I. If in one set of facts, so connected together as to form the same transaction, more offences than one are committed by the same person, fie may be charged with and tried for every such offence at the same time.

II. One offence falling within two definitions. II. If a single act falls within two separate definitions of any law in force for the time being, by which offences are defined or punished, the person who does it may he charged with each of the offences, so committed, that he must not receive a more severe punishment than could be awarded, by the Court which tries him, for either.

III. Acts severally constituting more than one offece but collectively coming within one definition. III. If several facts, of which one or mole than one would by itself constitute an offence, form, when combined, an offence under the provisions of any law in force for the time being, by which offences are defined or punished, a person who does them may he charged with every offence which he may have committed, but he must not receive for such offences, collectively, a punishment more severe than that which might have been awarded, by the Court trying him, for any one of such offences, or for the offence formed by their combination.

To paragraph I.

(a.) A rescues B, a person in lawful custody, and causes grievous hurt to C, a constable in whose custody B was. A may be separately charged with, convicted of, and punished for, offences under Sections 225 and 883, Indian Penal Code.

(b.) A has in his possession several counterfeit seals with the intention of committing several forgeries. A may be separately charged with, convicted of, and punished for, the possession of each seal for a distinct forgery under Section 473, Indian. Penal Code.

(c.) A, with intent to cause injury to B, institutes proceedings against him, knowing there is no just or lawful ground for such proceedings. A also falsely charges B with having committed an offence. A may be Separately charged with, convicted of, and punished for, two offences under Section 211, Indian Penal Code.

(d.) A, with intent to injure 15, brings a false charge against him of having committed an offence. On the trial, A gives false evidence against B.A. may be separately charged with, convicted of, and punished for, offences under sections all and 194 or 195, Indian Penal Code.

(e.) A, knowing, that B, a female minor, has been kidnapped, wrongfully confines her and detains her as a slave. A may be separately charged with, convicted of, and punished for, offences under Sections 368 (read with 367) and 370, Indian Penal Code.

(f.) A, with six others, commits the offences of rioting, grievous hurt, and of assaulting a public servant engaged in suppressing the riot. A may be separately charged with, convicted of, and punished for, offences under Sections 147, 325 and 152, Indian Penal Code.

(g.) A criminally intimidates B, C and D at the same time. A may he separately charged with, convicted of, and punished for, each of the three offences under Section 506, Indian Penal Code.

(h.) A intentionally causes the death of three persons by upsetting a boat. A may he separately charged with, convicted of, and punished for, three offences under Section 302, Indian Penal Code.

To paragraph II.

(i.) A commits mischief by cutting down a tree in a Government forest. The tree overhangs the bank of a river and falls into the stream. A commits theft by having severed the tree and by floating it down the river to his village, where he sells it. A may be separately charged with, and convicted of, offences under Sections 426 and 379, Indian Penal Code, but the Court which tries him may not inflict a more severe sentence than if it had convicted him under Section 379 only.

(j.) A wrongfully strikes B with a cane. A may he separately charged with, and convicted of, offences under Sections 352 and 323 of the Indian Penal Code; that the Court which tries him may not inflict a more severe sentence than if it had convicted him under Section 323 only.

(k.) A wrongfully kills a buffalo worth sixty rupees belonging to B, and then takes away the carcase, in a manner amounting to theft. A may be separately charged with, and convicted of, offences under Sections 429 and 379, Indian Penal Code; but the Court which tries him may not inflict a more severe sentence than if it had convicted him under Section 429 only.

(l.) Several stolen sacks of corn are made over to A and B, who know they are stolen property. A and B thereupon assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with, and convicted of, offences under Sections 411 and 414, Indian Penal Code; but the Court which tries them may not inflict a severer sentence than if it had convicted them under one of those sections only.

(m.) A uses a forged document in evidence, in order to convict B, a public servant, of an offence under Section 167. A may be separately charged with, and convicted of, offences under Sections 471 (read with 466) and 196 of the Indian Penal Code; but the Court which tries him may not inflict a severer sentence than if it had convicted him under one of those sections only.

To paragraph III.

(n.) A commits house-breaking by day with intent to commit adultery, and commits, in the house so entered, adultery with B's wife, A may be separately charged with, and convicted of, offences under Sections 454 and 497, Indian Penal Code; but the Court which tries him may not inflict a severer sentence than if it had convicted him under Section 497 only.

(o.) A robs B, and, in doing so, voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under Sections 328, 392 and 394 of the Indian Penal Code; but the Court which tries him may not inflict a severer sentence than if it had convicted him under Section 392 or 894 only.

(p.) A entices B, the wife of C, away, and then commits adultery with her. A may be separately charged with, and convicted of, offences under Sections 498 and 497, Indian Penal Code; but the Court which tries him may not inflict a severer sentence than if it had convicted him under Section 497 only.

455. Where it is doubtful what offence has been committed. If a single act or set of acts is of such a nature that it is doubtful which of several offences the facts which can he proved will constitute, the accused person may he charged with having committed any such offence; and any number of such charges may he tried at once, or he may he charged in the alternative with having committed some one of the said offences.

A is accused of an act which may amount to either theft, receiving stolen property, criminal breach of trust, or cheating. He may be charged separately with theft, criminal breach of trust, and cheating, or he may be charged with having committed either theft, or criminal breach of trust, or cheating.

456. When a person is charged with one offence, he can be convicted of another. If, in the case mentioned in the last section, one charge only is brought against an accused person, and it appears in evidence that he committed a different offence, for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

A is charged with theft. It appears that he committed criminal breach of trust, or receiving stolen goods. He may be convicted of criminal breach of trust, or receiving stolen goods, though he was not charged with it.

457. When offence proved included in offence charged. When a person is charged with an offence, and part of the charge is not proved, but the part which is proved amounts to a different offence, he may he convicted of the offence which he is proved to have committed, though he was not charged with it.

(a.) A is charged, under Section 407, Indian Penal Code, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under Section 406 in respect of the property, that if was not entrusted to him as a carrier. He may he convicted of criminal breach of trust under Section 406.

(b.) A is charged with murder. He may be convicted of culpable homicide, or of causing death by negligence.

458. What persons may be charged jointly. When more persons than one are accused of the same offence, or of different offences committed in the same transaction, or when one person is accused of committing any offence, and another of abetment of, or attempt to commit, such offence, they may he charged and tried together, or separately, as the Court thinks proper, and the provisions hereinbefore contained shall apply to all such charges.

(a.) A and B are accused of the same murder. A and B may be charged and tried together for the murder.

(b.) A and B are accused of a robbery, in the course of which A commits a murder with which B has nothing to do. A and B may be tried together on a charge, charging both of them with the robbery, and A alone with the murder.

(c.) A and B are both charged with a theft, and B is charged with two other thefts committed by him in the course of the same transaction. A and B may he both tried together on a charge, charging both with the one theft, and B alone with the two other thefts.

459. Withdrawal of remaining charges, on conviction one of several charges. In trials before a Court of Session or High Court, 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 inquiry into the remaining charge or charges.

460. Person once convicted or acquitted not to be tried for same offence. A person who has once been tried for an offence and convicted or acquitted of such offence, shall, while such conviction or acquittal remains in force, not be liable to be tried again on the same facts for the same offence, nor for any other offence for which a different charge from the one made against him might have been made under section four hundred and fifty-five, or for which he might have been convicted under section four hundred and fifty-six.

A person convicted or acquitted of any offence may be afterwards tried for any offence for which a separate charge might have been made against him on the former trial under section four hundred and fifty-four, paragraph I.

A person acquitted or convicted of any offence in respect of any act causing consequences which, together with such act, constituted a different offence from that for which such person was acquitted or convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was acquitted or convicted.

A person acquitted or convicted of any offence in respect of any facts may, notwithstanding such acquittal or conviction, be subsequently charged with and tried for any other offence which he may have committed in respect of the same facts, if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.

(a.) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards be charged, upon the same facts, either with theft as a servant, with theft simply, or with criminal breach of trust.

(b.) A is tried upon a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with, and tried for, robbery.

(c.) A is tried for an assault and convicted. The person afterwards dies. A may be tried again for culpable homicide.

(d.) A is tried under Section 270 of the Indian Penal Code for malignantly doing an act likely to spread the infection of a disease dangerous to life and is acquitted. The act so done afterwards causes a person permanently to lose his eyesight. A may be charged, under Section 325, with voluntarily causing grievous hurt to that person.

(e.) A is charged before the Court of Session and convicted of the culpable homicide of B, A may not afterwards be tried for the murder of B on the same facts.

(f.) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B.A. may not afterwards be tried for voluntarily causing grievous hurt to B, on the same facts, unless the case comes within paragraph three,

(g.) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B.A. may be subsequently charged with, and tried for, robbery on the same facts.

(h.) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, d k it , on the same facts.

OF THE JUDGMENT, ORDER, AND SENTENCE

461. Judgment to specify offence. When the trial in any Criminal Court is concluded, the Court, in passing judgment, if the accused person he convicted, shall distinctly specify the offence of which, and the section of the Indian Penal Code or other law under which, he is convicted;

Judgment in the alternative. or, if it be doubtful under which of two sections, or under which of two parts of the same section, such offence falls, the Court shall distinctly express the same, and pass judgment in the alternative, according to section seventy-two of the said Code.

462. When judgment is to be pronounced. In trials with assessors, when the exhibits have been perused, the witnesses examined, and the parties heard in person or by their respective pleaders, the Court shall pronounce its judgment. The judgment shall be pronounced in open Court, either immediately, or on some future day, of which due notice shall be given to the parties or their pleaders.

463. Judgment to be written in English, or language of district. The judgment or final order shall he written by the presiding officer of the Court in English, or the language of the district.

Proviso. If the language of the Judge be not English, the judgment shall not be written in English, unless the Judge be sufficiently conversant with the English language to be able to write a clear and intelligible decision in that language.

464. Judgment what to contain. The judgment or final order shall contain the point or points for determination, the finding thereupon, and the reasons for the finding, and shall be dated and signed by the Judge in open Court at the time of pronouncing it. When a judgment or final order has been so signed, it cannot be altered or reviewed by the Court which gives such judgment or order. It shall specify the offence of which the accused person is convicted, and the punishment to which he is sentenced; or, if it be a finding of acquittal, it shall direct that he he set at liberty.

The judgment or order shall be explained to the accused person, or person affected by it; and a copy shall be given him in his own language as soon as possible.

Judgment to be translated. The original shall be filed with the record of proceedings, and a translation thereof, where the original is recorded in a different language from that in ordinary use in the district, shall he incorporated in the record of the case.

In trials by jury, the Court need not state its reasons for its judgment, but shall record the heads of the charge to the jury.

If the Judge differ from the jury and determine to submit the case to the High Court, he shall record the grounds of his opinion.

Nothing herein contained shall prevent any Court from recalling any order other than a final order.

No error or defect in any judgment shall invalidate the proceedings.

PROSECUTIONS IN CERTAIN OASES

465. Prosecutions for offence against the State. A complaint of an offence punishable under chapter VI of the Indian Penal Code, except section one hundred and twenty-seven, or punishable under section two hundred and ninety-four A of the said Code, 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.

466. Prosecution of Judge and public servants. A complaint of an offence committed by a public servant in his capacity as such public servant, of which any Judge or any public servant not re-moveable from his office without the sanction of the Government is accused as such Judge or public servant, shall not be entertained against such Judge or public servant, 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 or public servant is subordinate, and whose power so to sanction or direct such prosecution the Local Government shall not think fit to limit or reserve.

No such Judge or public servant shall be prosecuted for any act purporting to be done by him in the discharge of his duty, unless with the sanction of Government.

Sanction when to be given. The sanction must be given before the commencement of the proceedings.

Power of Local Government. The Local Government may limit the person by whom, and the manner in which, the prosecution is to be conducted, and may specify the Court before which the trial is to be held.

467. Prosecution for contempts of the lawful authority of public servants. A complaint of any offence described in chapter X of the Indian Penal Code, not falling within section four hundred and thirty-five or four hundred and thirty-six of this Act, shall not be entertained in any Criminal Court, except with the sanction or on the complaint of the public servant concerned, or of his official superior.

The prohibition contained in this section shall not apply to the offences described in sections one hundred and eighty-nine and one hundred and ninety of the Indian Penal Code.

468. Prosecution for certain offences against public justice. A complaint of an offence against public justice, described in section one hundred and ninety-three, one hundred and ninety-four, one hundred and ninety-five, one hundred and ninety-six, one hundred and ninety-nine, two hundred, two hundred and five, two hundred and six, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and ten, two hundred and eleven, or two hundred and twenty-eight of the Indian Penal Code, when such offence is committed before or against a Civil or Criminal Court, shall not he entertained in the Criminal Courts, except with the sanction of the Court before or against which the offence was committed, or of some other Court to which such Court is subordinate.

469. Prosecution for certain offences relating to documents given in evidence. A complaint of an offence relating to documents, described in section four hundred and sixty-three, four hundred and seventy-one, four hundred and seventy-five, or four hundred and seventy-six of the Indian Penal Code, when the document has been given in evidence in any proceedings in any Civil or Criminal Court, shall not he entertained 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.

470. Nature of sanction necessary. The sanction referred to in sections four hundred and sixty-seven, four hundred and sixty-eight, and four hundred and sixty-nine, may be expressed in general terms, and need not name the accused person.

Such sanction may he given at any time, and a sanction under any one of the three last preceding sections shall be deemed sufficient authority for the Court to amend the charge to one of an offence coming within either of the two remaining sections, if the facts disclose such offence.

Explanation. In cases under this chapter, the report or application of the public servant or Court shall he deemed sufficient complaint.

471. Procedure in cases mentioned in Sections 467, 468 and 469. When any Court, Civil or Criminal, is of opinion that there is sufficient ground for inquiring into any charge mentioned in sections four hundred and sixty-seven, four hundred and sixty-eight, and four hundred and sixty-nine, such Court, after making such preliminary inquiry as may he necessary, may either commit the case itself, or may send the case for inquiry to any Magistrate having power to try or commit for trial the accused person for the offence charged.

Such Magistrate shall thereupon proceed according to law; and the Court may send the accused person in custody, or take sufficient bail for his appearance before such Magistrate; and may hind over any person to appear and give evidence on such trial or inquiry.

The Magistrate receiving the case may, if he is authorized to make transfers of cases, transfer the inquiry to some other competent Magistrate, instead of completing the inquiry himself.

472. Power of Court Session as to offences committed before itself. A Court of Session may 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 exclusively, and may commit, or hold to bail and try, such person upon its own charge.

In such case, the Court of Session shall have the same power of summoning, and causing the attendance at the trial, of any witnesses for the prosecution or for the defence, as is vested in a Magistrate by this Act.

Such Court may direct the Magistrate to cause the attendance of such witnesses on the trial.

473. Offences in contempt of Court how to be disposed of. Except as provided in sections four hundred and thirty-five, four hundred and thirty-six and four hundred and seventy-two, no Court shall try any person for an offence committed in contempt of its own authority.

474. Power of Civil Courts to complete investigation and commit to Court of Session. In any case triable by the Court of Session exclusively, any Civil Court before which such offence was committed may, instead of sending the case for inquiry to a Magistrate, complete the inquiry itself, and commit or hold to hail the accused person to take his trial before the Court of Session.

For the purposes of an inquiry under this section, the Civil Court may exercise all the powers of a Magistrate; and its proceedings in such inquiry shall he deemed to have been held by a Magistrate.

If a Civil Court sends a case for inquiry and commitment to a Magistrate, he is hound to receive and dispose of it; but if a Civil Court makes a commitment, it shall complete the inquiry itself.

475. Procedure of 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 hereinbefore provided, and shall send the same with the order of commitment and the record of the case to the Magistrate of the District, or other Magistrate of the first class; and such Magistrate shall bring the case before the Court of Session, together with the witnesses for the prosecution and defence.

476. Court may exercise all powers of Magistrate as to binding over persons to give evidence. Whenever any Court of Session or Civil Court commits or holds to hail any person for trial under section four hundred and seventy-two, four hundred and seventy-four, or four hundred and seventy-five, it may also hind over any person to give evidence, and for that purpose may exercise all the powers of a Magistrate.

477. Procedure where offence triable only by Session Court is committed before Magistrate not empowered to commit to such Court. If any such offence, triable by the Court of Session exclusively, he committed before a Magistrate not empowered to commit for trial before a Court of Session, he shall send the case to a Magistrate competent to make such commitment, who shall proceed to pass such order in the case as lie thinks fit.

478. Prosecution for adultery. A complaint of an offence under section four hundred and ninety-seven of the Indian Penal Code shall not he instituted, except by the husband of the woman, or by any person under whose care she was living at the time when the adultery was committed.

479. Prosecution for enticing away a married woman. A complaint of an offence under section four hundred and ninety-eight 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.

PREVENTIVE JURISDICTION OF MAGISTRATES

OF THE DISPERSION OF UNLAWFUL ASSEMBLIES

480. Assembly to disperse on command of Magistrate or Police officer. Any Magistrate or officer in charge of a Police-station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon he the duty of the members of such assembly to disperse accordingly.

481. Use of force to disperse. If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Magistrate or officer in charge of a Police-station may proceed to disperse such assembly by force, and may require the assistance of any person, other than any European or Native Troops of Her Majesty acting as such, for the purpose of dispersing it, and arresting the persons who form part of it.

482. Use of military force. If an unlawful assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should he dispersed, the Magistrate of the highest rank who is present may cause it to he dispersed by military force.

483. When use of military force is not an offence. No Magistrate shall be held to commit any offence by ordering the dispersion, by military force, of any assembly, the dispersion of which he regards, on reasonable grounds and in good faith, as necessary to the public security.

484. Duty of officer commanding troops required by Magistrate to disperse assembly. When a Magistrate determines to disperse an assembly by military force, he may require any officer in command of any of Her Majesty's Troops, whether European or Native, to disperse such assembly by such force, and it shall be the duty of every such officer to obey every such requisition in such manner as in his discretion appears proper; but in doing so he shall use as little force, and do as little injury to person and property, as is consistent with dispersing the assembly and arresting and detaining such persons as he may be directed by the Magistrate to arrest and detain, or as it may he necessary to arrest and detain for the purpose of dispersing the assembly.

485. What acts done in obeying requisition not an offence. No officer obeying any such requisition shall be held to have committed any offence by any act done by him in good faith in order to comply with it.

486. Acts of inferior officers and soldiers done in obedience to order, not an offence. No inferior officer or private soldier shall be held to have committed any offence by any act done for the dispersion of any such assembly in obedience to any order which he was bound by the Mutiny Act or by the Indian Articles of War to obey.

487. Duty of Queen's officers to suppress assembly. When the public security is manifestly endangered by an unlawful assembly, and when no Magistrate can be communicated with, any Commissioned Officer of Her Majesty's European or Native Forces may disperse any such assembly by military force; and in doing so, he shall have the same protection as a Magistrate, and all officers and soldiers acting under his orders shall have the protection mentioned in section four hundred and eighty-six; but as soon as such Commissioned Officer can communicate with any Magistrate, it is his duty to do so.

488. Sanction required to prosecutions for acts done under Section 481, 482, 484 and 487. No prosecution against any Magistrate, officer or soldier, for any act done under the provisions contained in sections four hundred and eighty-one, four-hundred and eighty-two, four hundred and eighty-four and four hundred and eighty-seven, shall be instituted in any Criminal Court, except with the sanction of the Government of India, or the Government of Madras or Bombay.

OF SECURITY FOR KEEPING THE PEACE

489. Personal recognizance to keep the peace in case of conviction. Whenever a person accused of rioting, assault, or other breach of the peace, or with abetting the same, or with assembling armed men or, taking other unlawful measures with the evident intention of committing the same, is convicted of such offence before a Court of Session, or Magistrate of a Division of a District, or Magistrate of the first class,

and the Court or Magistrate by which or by whom such person is convicted, or the Court or Magistrate 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 such person to give a personal recognizance for keeping the peace,

such Court or Magistrate may, in addition to any other order passed in the case, direct that the person so convicted he required to execute a formal engagement, 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, with a provision that, if the same be not given, the person required to enter into the engagement shall be kept in simple imprisonment for any any time not exceeding one year if the order be passed by a Magistrate, or three years if the order be passed by the High Court or by a Court of Session, unless within such period such person execute such formal engagement as aforesaid.

If the accused person be sentenced to imprisonment, the period for which he may be required to execute a recognizance, and the imprisonment in default of executing such recognizance, shall commence when he is released on the expiration of his sentence.

Where convicting officer is not in charge of Division of District, nor a Magistrate of first class. When any accused person is convicted of any offence specified in this section by a Magistrate neither in charge of a Division of a District nor of the first class, such Magistrate, if he considers 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, the Magistrate of the Division of the District, or to a Magistrate of the first class to whom such Magistrate is subordinate; and the Magistrate to whom the case is so reported shall deal with the case as if the conviction had been before himself.

In any case where the order is not made at the time of signing, or by the Court which signs, the judgment the convict must be produced before the Magistrate who adds the order to enter into a personal recognizance to the original sentence.

490. Security to keep the peace. Whenever it appears necessary to require security for keeping the peace, in addition to the personal recognizance of the party so convicted, the Court or Magistrate empowered to require a personal recognizance may require security in addition thereto, and may fix the amount of the security-bond to be executed by the surety or sureties; with a provision that, if the same he not given, the party required to find the security shall be kept in simple imprisonment for any time not exceeding one year if the order he passed by the Magistrate of the District, Magistrate of a Division of a District, or by a First Class Magistrate, or three years if the order he passed by the High Court or by a Court of Session.

491. Summons to any person to show cause why he should not give bond to keep peace. Whenever a Magistrate of a Division of a District, or a Magistrate of the first class, receives in formation that any person is likely to commit a breach of the peace, or to do any act that may probably occasion a breach of the peace, he may 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 thinks fit.

Explanation I. A summons calling on a person to show cause why he should not be bound over to keep the peace, may be issued on any report or other information which appears credible and which the Magistrate believes; but the Magistrate cannot bind over a person until he has adjudicated on evidence before him.

Explanation II. A Magistrate may recall a summons issued under this section if he thinks proper.

492. From of summons. Such summons shall set forth the substance of the report or information on which it is issued, the amount of the bond, and the term 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 he hound respectively, and the time and place at which the person summoned is required to attend.

Explanation. When the parties are present in Court no summons is necessary, that the person to whom a summons, would have been issued must have an opportunity to show cause why he should not he hound.

493. Penalty of bond. The bond shall be in the form (E) given in the second schedule, or to the like effect; and its penalty shall be fixed with a due regard to the circumstances of the case and the means of the party.

The amount in which the sureties shall be hound shall not exceed the penalty named in the bond.

494. Warrant of arrest. If the person summoned does not attend at the time and place named in the summons on the day appointed, such Magistrate, if satisfied that the summons has been duly served, may issue a warrant for his arrest:

Provided that, whenever it appears to such Magistrate, 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, the Magistrate may at any time issue a warrant for his arrest.

495. Magistrate may dispense with personal attendance of person informed against. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of the person informed against under section four hundred and ninety-one, and may 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.

496. Discharge of person informed against. If on the appearance of such person informed against, or of his agent if he is permitted to appear by agent, the Magistrate is not satisfied that there is occasion, to hind such person to keep the peace, the Magistrate shall direct his discharge.

497. None-compliance with order to give bond. If the Magistrate is 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 such person fails to comply with the order, the Magistrate may order him to be kept in simple imprisonment until he furnish the same.

498. Time for which person may be bound to keep peace. The period for which the Magistrate may bind a person to keep the peace, with or without security, shall not exceed one year.

Limit of imprisonment under Section 497. When a person is imprisoned under section four hundred and ninety-seven, he shall not be detained by authority of the Magistrate beyond the term of one year, and shall be released whenever, within that term, he complies with the order.

499. Extension of time for which person may be bound. Whenever it appears to the Magistrate 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.

Such Court, after examining the proceedings of the Magistrate, and making such further inquiry as it thinks necessary, may, if it see cause, authorize the Magistrate to extend the term for a further period not exceeding one year.

If such person fails to give a bond, with security if required, for his keeping the peace for such further period as the Magistrate, under the orders of the Court of Session, directs, he may be kept in simple imprisonment for such further period, or until, within that period, he gives such bond.

Explanation. When the subject of dispute, or ground for apprehension, is the same as that on which the first order was passed, the Magistrate must proceed under this section if the first bond is still in force, and not under section four hundred and ninety-one.

500. Discharge of recognizance. The Magistrate of the District may, if he see sufficient cause, discharge any recognizance and surety for keeping the peace taken by him, or by any Magistrate subordinate to him, or by his predecessor, under the preceding sections, and may order the release of the person confined for default in entering into such recognizance or giving such security.

501. Discharge of sureties. A surety for the peaceable conduct of another person may at anytime apply to the Magistrate 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 shall direct the engagement of the surety to he cancelled, and shall call upon such person to give fresh security, and, in default thereof, shall order him to be kept in simple imprisonment.

502. Recovery of penalty from principle. Whenever it is proved before the Magistrate 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 such recognizance or bond to pay the penalty thereof, or to show cause why it should not be paid.

If sufficient cause be not shown and the penalty be not paid, the Magistrate shall proceed to recover the same by issuing a warrant for the attachment, and sale of any of the moveable property, belonging to the person bound by such recognizance or bond.

Such warrant may be executed within the jurisdiction of the Magistrate of the District in which it is issued; and it shall authorize the distress and sale of any moveable property belonging to the person bound, without the jurisdiction of the said Magistrate, when endorsed by the Magistrate of the District in which such property is situated.

If such penalty be not paid and cannot be recovered by such attachment and sale, such person shall be liable to imprisonment by order of the Magistrate in the civil jail for a period not exceeding six months.

The penalty shall not be enforced until the person bound has had an opportunity of showing cause, and until the breach of the conditions has been proved.

The commission, or attempt to commit or abetment, of any offence whatever, and wherever it may be committed, is a breach of the bond.

Proceedings under this chapter may be taken, either in the district in which the breach of the peace is apprehended, or where an offence has been committed in breach of the bond, or in any district where the person it is desired to hind may be.

503. Recovery of penalty from surety. Whenever it is proved before the Magistrate that any bond with a surety has been forfeited, the Magistrate 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.

If no sufficient cause is shown, and such penalty is not paid, the Magistrate may proceed to recover payment of the penalty from such surety in the same maimer as from the principal party.

OF SECURITY FOR-GOOD BEHAVIOUR

504. When Magistrate may require security for good behaviour for six months. Whenever it appears to the Magistrate of the District, or to a Magistrate of the first class, that any person is lurking within his jurisdiction, or that there is within his jurisdiction a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such Magistrate may require such security for such person's good behaviour for a period not exceeding six months as to him may appear good and sufficient.

Binding of sentenced person. If in any case under this or the two following sections, the person to be bound is under sentence for an offence, he must be brought up on or after the expiration of his sentence for the purpose of being bound.

When Sessions Judge or unauthorized Magistrate thinks a person should be bound. If a Sessions Judge, or Magistrate of the second or third elass, considers, from evidence taken any proceedings before him, that any person should he required to enter into a bond to be of good behaviour, he may send such person in custody to a competent Magistrate.

Powers of Magistrate Division of District, being a Magistrate of the second class, to in quire. A Magistrate in charge of a Division of a District, exercising the powers of a Magistrate of the second class, may make any inquiry necessary under this chapter, and may submit his proceedings to the Magistrate of the District, who may pass such order on them, either directing the person whose character was inquired into to furnish security or not, as he thinks fit.

505. When Magistrate may require security for good behaviour for one year. Whenever it appears to such Magistrate, 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, or is a dangerous character,

such Magistrate may require similar security for the good behaviour of such person for a period not exceeding one year.

506. Procedure where security required for more than one year. Whenever it appears to such Magistrate, 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,

he 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, character, and class of sureties, and the period, not exceeding three years, for which the sureties should he responsible for such person's good behaviour; and if such person does not comply with the order, the Magistrate shall issue a warrant directing his detention pending the orders of the Court of Session.

507. Proceedings to be laid before Court of Session. If a person required to furnish security under the provisions of the last preceding section does not furnish the same, or offers sureties whom the Magistrate sees fit to reject, the proceedings shall be laid, as soon as conveniently may be, before the Court of Session.

Such Court, after examining such proceedings and requiring any further information or evidence which it thinks necessary, may pass orders on the case, either confirming, modifying or annulling the orders of such Magistrate, as it thinks proper.

508. Court of Session may required Security for period not exceeding three years. If the Court of Session does not think it safe to direct the immediate discharge of such person, it shall fix a-period for his detention, not exceeding three years, in the event of his not giving the security required from him.

509. Contents of order for security. Whenever security for good behaviour is required by the Court of Session or by a Magistrate, the amount, the security, the number and description 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 (G) given in the second schedule, or to the like effect.

510. Imprisonment in default of security. In the event of any person required to give security under the provisions of this chapter failing to furnish the security so required, he shall be committed to prison until he furnish the same:

Term of imprisonment. Provided that no such person shall be kept in prison for a longer period than that for which the security has been required from him.

Imprisonment under this section may be rigorous or simple, as the Court or Magistrate in each case directs.

511. Release prisoners under requisition of security. The Magistrate of the District may, at any time, 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 that of his predecessor in office, or by the order of any officer subordinate to him, provided lie is of opinion that such person can he released without hazard to the community.

512. Report in case of prisoner under requisition of security by order of Court of Session. Whenever the Magistrate of the District is of opinion that any person confined under requisition of security for good behaviour, by order of a Court of Session, can he safely released without such security, such Magistrate shall make an immediate report of the case for the orders of such Court of Session.

513. Discharge of surety. A surety for the good behaviour of a person may at any time apply to a competent Magistrate to be relieved from his engagement as such surety.

On such application being made, such Magistrate shall issue his summons or warrant in order that such person may appear or be brought before him.

On the appearance of such person pursuant to such summons or warrant, or on his voluntary surrender, such Magistrate shall direct the engagement of the surety to be cancelled, and shall call upon the person so appearing or surrendering to give fresh security, and, in default thereof, shall commit him to custody,

514. Recovery of penalty from sureties. Whenever a competent Magistrate is of opinion that, by reason of an offence proved to have been committed by a person for whose good behaviour security has been given, subsequent to his having given such security, proceedings should he had upon the bond executed by the surety, such Magistrate shall give notice to the surely to pay the penalty, or to show cause why it should not be paid.

If such penalty be not paid and no sufficient cause for non-payment he shown, such Magistrate shall proceed to recover the penalty from such surety by issuing a warrant for the attachment and sale of any moveable property belonging to him. Such warrant may be executed within the jurisdiction of the Magistrate of the District in which it is issued; and it shall authorize the distress and sale of any moveable property belonging to such surety, without the jurisdiction of the said Magistrate, when endorsed by the Magistrate of the District in which such property is situated.

If such penalty be not paid and cannot be recovered by such attachment and sale, the surety shall be liable to imprisonment by order of such Magistrate in the civil jail for a period not exceeding six months.

515. Issue of summons and warrant of arrest. The provisions of sections four hundred and ninety-two and four hundred and ninety-four, relating to the issue of summons and warrant of arrest for securing the personal attendance of the party informed against, when such party is not in custody, shall apply to proceedings taken under this chapter against persons required to give security for their good behaviour.

Place where proceedings may be held. Proceedings may be taken under this chapter, against persons amenable to its provisions, in any district where they may be.

Manner of taking evidence under chapter XXXVII or this chapter. Any evidence taken under chapter XXXYII or this chapter, shall be taken as in cases usually heard by a Magistrate upon summons.

Previous conviction may be proved. Any previous conviction against the person to he hound may be proved on proceedings held under this chapter.

516. Sureties may be rejected on the ground of character. A Magistrate may refuse to accept any surety offered under this chapter, on the ground that such surety is an unlit person.

517. Chapter not applicable to European British subjects. The provisions of this chapter shall not apply to European British subjects.

LOCAL NUISANCES

518. Magistrate may issue order to prevent obstruction, danger to human life, or riots. A Magistrate of the District, or a Magistrate of a Division of a District, or any Magistrate specially empowered, may, by a written order, 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 considers 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 danger to human life, health or safety,

or a riot or an affray.

Explanation I. This section is intended to provide for cases where a speedy remedy is desirable, and where the delay which would be occasioned by a resort to the procedure contained in section five hundred and twenty-one and the next following sections would, in the opinion of the Magistrate, occasion a greater evil than that suffered by the person upon whom the order was made, or would defeat the intention of this chapter.

Explanation II. An order may, in cases of emergency or in cases where the circumstances do not admit of the serving of notice, be passed ex parte, and may in all cases he made upon such information as satisfies the Magistrate.

Explanation III. An order may be directed to a particular individual, or to the public generally when frequenting or visiting a particular place.

Explanation IV. Any Magistrate may recall or alter any order made under this section by himself or by his predecessor in the same office.

519. Magistrate may prohibits repetition or continuance of public nuisances. A Magistrate of the District, or a Magistrate of a Division of a District, or any Magistrate specially empowered, may enjoin any person not to repeat or continue a public nuisance, as defined in section two hundred and sixty-eight of the Indian Penal Code or under any local or special law.

520. Orders judicial proceedings. Orders made under sections five hundred and eighteen and five hundred and nineteen are not judicial proceedings.

521. Magistrate may order removal of nuisances. Whenever a Magistrate of the District, or a Magistrate of a Division of a District, or, when empowered by the Local Government in this behalf, a Magistrate of the first class, 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 he 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 he fenced in such a manner as to prevent danger arising to the public

such Magistrate 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 Magistrate of the first or second class within the time mentioned in the order, and show cause why such order should not be enforced.

Order to be a judicial proceeding. The issue of an order under this section shall be a judicial proceeding, whether or not evidence is taken therein.

Order to be in the alternative. Such order may be issued on a report or other information which the Magistrate believes, and shall direct the person to whom it is addressed, either to obey it, or to show cause why it should not be obeyed. The order shall not be made absolute, except as is hereinafter provided, until opportunity has been given to the person affected to show cause.

Explanation. A public place includes property belonging to the State, camping grounds, and grounds left unoccupied for sanitary and recreative purposes.

522. Service or notification of order. The order mentioned in section five hundred and twenty-one shah, if practicable, be served personally on the person to whom it is issued.

But if personal service is found to be impracticable, such 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.

523. 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 and show cause as aforesaid; or he may apply to such Magistrate for an order for a jury to be appointed to try whether such order is reasonable and proper.

Constitution of jury. On receiving such application, such Magistrate shall forthwith appoint a jury consisting of an uneven 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 inquiry, and the Magistrate who issued the order or before whom the applicant appears shall be guided by the decision of the jury, which shall be according to the opinion of the majority.

When order may be made absolute. If the applicant by neglect or otherwise prevents, or if he does not claim, the appointment of a jury, or if from any cause the jury so appointed do not decide and report within a reasonable time, the Magistrate may pass such order as be thinks proper, which order shall be carried out in the manner hereinafter provided.

Report of jury and order thereon. The time within which the report is to be made shall be fixed by the Magistrate in the order for the appointment of the jury, and may from time to time be extended by him. When the jury have made their report, the order of the Magistrate must be founded thereon, except in cases falling under section five hun-ired and twenty-eight.

524. Attendance of jury. Such Magistrate may summon so many jurors is may be necessary, and such persons shall be bound do attend and make their inquiry and report.

Any juror failing to attend, or neglecting his duty is a juror, shall be liable to be dealt with under section me hundred and seventy-four of the Indian Penal Code.

525. Procedure in case of disobedience or neglect by person ordered. If the person to whom the order mentioned in section five hundred and twenty-one is issued appears to show cause against the same, as hereinafter provided, the Magistrate shall take evidence in the matter, but if he does not appear, or does not obey the order,

or apply for a jury within the time specified in such order,

he shall be liable to the penalty prescribed in that hehalf in section one hundred and eighty-eight 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 such moveable property of such person within or without his jurisdiction. If such property is without his jurisdiction, the order shall authorize its attachment and sale when endorsed by the Magistrate in whose jurisdiction the goods are attached.

No suit shall lie in respect of anything necessarily or reasonably done in carrying out the provisions of this section.

526. 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, as originally made, or subject to a modification, which the Magistrate accepts, the Magistrate who issued the order, or before whom cause was shown, 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 aforesaid order, within a time to he fixed in the notice, and an intimation that, in case of disobedience, such person will he liable to the penalty provided by section one hundred and eighty-eight of the Indian Penal Code.

If such latter order is not obeyed, the Magistrate may proceed as in section five hundred and twenty-five.

527. Procedure where person ordered satisfies Magistrate that order is not reasonable. If the person to whom the order of the Magistrate, under section four hundred and twenty-one, 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.

528. Injunction pending inquiry by jury. If the Magistrate who 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 to whom the order under section five hundred and twenty-one was issued, as is required to obviate or prevent such danger or injury, whether a jury is to he, or has been, appointed or not.

In default of such person forthwith taking all necessary measures ordered to he 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.

529. Saving of certain statutory provisions. Nothing in this chapter shall interfere with the provisions of section forty-eight of Act No. XXIV of 1859 (for the better regulation of the Police within the territories subject to the Presidency of Fort St. George), or of section thirty-four of Act No. V of 1861 (for the regulation of Police), or of section sixteen of Act No. VIII of 1867 (for the regulation of the District Police in the Presidency of Bombay) of the Governor of Bombay in Council.

POSSESSION

530. Magistrate how to proceed if any dispute concerning land &c., is likely to cause breach of the peace. Whenever the Magistrate of the District, or a Magistrate of a Division of a District, or Magistrate of the first class, is satisfied that a dispute likely to induce a breach of the peace exists concerning any land or the boundaries of any land, or concerning any houses, water, fisheries, crops dr other produce of land, within the limits of his jurisdiction,

such Magistrate 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 such Magistrate, 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. Such Magistrate shall, without reference to the merits of the claims of any party to a right of possession, proceed to inquire and decide which party is in possession of the subject of dispute.

After satisfying himself upon that point, he shall issue an order declaring the party or parties to he entitled to retain possession until ousted by due course of law, and forbidding all disturbance of possession until such time.

Explanation. Such Magistrate may satisfy himself of the existence of a dispute likely to induce a breach of the peace from a report or other information; but the question of possession must be decided on evidence taken before him.

531. If previous possession cannot be ascertained, Magistrate may attach subject of dispute. If such Magistrate decides that neither of the parties is in possession, or is unable to satisfy himself as to which person is in possession, of the subject of dispute, be may attach it, until a competent Civil Court shall have determined the rights of the parties, or who ought to be in possession.

532. Disputes concerning right of use of land or water. If a dispute arise concerning the right of use of any land or water, or any right of way, such Magistrate, within whose jurisdiction the subject of dispute lies, may inquire into the matter; and if it appears 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, such Magistrate may order that possession thereof shall not be taken or retained by any one to the exclusion of the public, or of such person, or of such class of persons, as the case may be, until the person claiming such possession shall obtain the decision of a competent Civil Court, adjudging him to he entitled to such exclusive possession:

Provided that such Magistrate shall not pass any such order, if the matter he such that the right of use is capable of being exercised at all times of the year, unless such right has been ordinarily exercised within three months from the date of the institution of the inquiry; 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.

533. Local inquiry to determine boundary dispute. Whenever a local inquiry is necessary for the purposes of this chapter, any Magistrate of the first class may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such instructions, consistent with the law for the time being in force, as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

534. Power to restore possession of immoveable property. Whenever, in any Criminal Court, a person is convicted of an offence attended with criminal force, and it appears to such Court that, by such criminal force, any person has been dispossessed of any immoveable property, the Court may order such person to he restored to possession.

No such order shall prejudice any right over such immoveable property which any person may be able to show in a civil suit.

535. Saving of power 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.

OF THE MAINTENANCE OF WIVES AND FAMILIES

536. 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, the Magistrate of the District, or a Magistrate of a Division of a District, or a Magistrate of the first class, may, upon due proof thereof by evidence, 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 such Magistrate seems reasonable.

Such allowance shall be payable from the date of the order.

Enforcement of order. If such person wilfully neglects to comply with E this order, such Magistrate may, for every breach of the order, by warrant, direct the amount due to be levied in the manner provided for levying fines; and may order such person to be imprisoned, with or without hard labour, for any term not exceeding one month, for each month's allowance remaining unpaid:

Proviso. Provided that, if such person offers to maintain his wife on condition of her living with him, and his wife refuses to live with him, such Magistrate may consider any grounds of refusal stated by such wife; and may make the order allowed by this section notwithstanding such offer, if he is satisfied that such person is living in adultery, or that be 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, or if they are living separately by consent.

537. Alteration in allowance. On the application of any person receiving, or ordered to pay a monthly allowance under the provisions of section five hundred and thirty-six, and on proof of a change in the circumstances of such person, his wife, or child, the Magistrate may make such alteration in the allowance ordered as he deems fit, provided the total sum of rupees fifty a mouth, be not exceeded.

538. Enforcement of order. A copy of the order of maintenance shall be given to the person for whose maintenance it is made, or to the guardian of such person; and shall be enforceable by any Magistrate in any place where the person to whom the order is addressed may be, on the Magistrate being satisfied as to the identity of the parties and the non-payment of the sum claimed.

MISCELLANEOUS PROVISIONS

MISCELLANEOUS

539. Procedure in miscellaneous criminal cases and proceedings. The procedure prescribed by this Act shall be followed, so far as it can he, in all miscellaneous criminal cases and proceedings which are instituted in any Court.

540. Saving of jurisdiction of Presidency Police Magistrates. Nothing in this Act shall be held to alter or affect the jurisdiction or procedure of the Magistrates or Commissioners of Police, or the Police in the Presidency towns, except so far as this Act expressly provides for the same.

541. Saving of jurisdiction and procedure of Land-holder, Heads of Villages Village Police Officers, Cantonment Magistrates. Nothing in this Act shall be held to alter or affect

(a) the jurisdiction or procedure of landholders specially empowered according to law in the Presidency of Bombay,

(b) the jurisdiction or procedure of the heads of villages in the Presidency of Port Saint George,

(c) the jurisdiction or procedure of village Police officers in the Presidency of Bombay,

(d) the jurisdiction or procedure of any officer duly authorized and appointed under the laws in force in the Presidencies of Port Saint George and Bombay respectively, for the trial of petty offences in military b z rs at cantonments and stations occupied by the troops of those Presidencies respectively.

889. Bail not to be taken for certain offence. When any person accused of any non-bailable offence appears or is brought before a Magistrate, such person shall not be admitted to bail, if there appear reasonable grounds for believing that he has been guilty of the offence of which he is accused.

When bail may be taken. If the evidence given in support of the accusation is, in the opinion of the Magistrate, not such as to raise a strong presumption of the guilt of the accused person,

or if such evidence is adduced on behalf of the accused person as, in the opinion of the Magistrate, weakens the presumption of his guilt, but there appears to the Magistrate, in either of such cases, to he sufficient ground for further inquiry into his guilt,

the accused person shall he admitted to bail pending such inquiry.

SCHEDULE I

ENACTMENTS REPEALED

PART I. STATUTE.

PART II. ACTS.

SCHEDULE I

ENACTMENTS REPEALED

PART III. REGULATIONS

SCHEDULE II

FORMS OF SUMMONS, WARRANTS, BONDS AND RECOGNIZANCES

A.

Form of Summons (Section 152).

To A.B., of

Whereas your attendance is necessary to answer to a complaint of (state shortly the offence complained of): You are hereby required to appear in person or by authorized agent, as the case may be, before the [Magistrate] ofon theday ofherein fail not.

(Signature and seal.)

Dated theday of

B.

Form of Warrant (Section 159).

To(name and designation of the person or persons who are to execute the warrant).

Whereasofis accused of the offence of (state the offence): You are hereby directed to apprehend the saidand produce him before me.

Herein fail not.

(Signature and seal.)

[This warrant may be endorsed as follows: ]

If the saidshall give bail, himself in the sum of, with one surety in the sum of(or two sureties each in the sum of), to appear before me on theday of, he may be released.

(Signature.)

Dated

C.

(sections 196, 197 and 303).

To, Jailor of

Whereasofis charged with (state the offence in respect of which the prisoner is charged), and has been committed to take his trial before the Court of

at;

You are hereby required to receive the said

into your custody and to produce him before the said Court when so required.

(Signature.)

(Office and powers.)

Dated

D.

Form of Warrant of Commitment (Section 303).

To, Jailor of

Whereasofwas convicted before me (name and official designation) of the offence of (mention the offence, quoting Act and section), and was sentenced to (state the punishment fully and distinctly, mentioning its nature and extent):

You are hereby required to receive the said into your custody in the said jail of, together with this warrant, and there carry the aforesaid sentence into execution according to law.

(Signature.)

Dated theday of

E.

Form of Bond to keep the Peace (section 493).

Whereas I,, inhabitant of, have been called upon to enter into a bond to keep the peace for the terra of, I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term; and in case of my making default therein, I bind myself to forfeit to Her Majesty the sum ofrupees.

(Signature.)

Dated

I hereby declare myself surety for the above-saidthat he shall not commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term; and in case of his making default therein, I hereby bind myself to forfeit to Her Majesty the sum ofrupees.

(Signature.)

Dated

F.

(Sections 130 and 360).

I,, of, do hereby bind myself to appear at, in the Court of, at o'clock on theday ofnext, and then and there to prosecute (or, as the case may be, to prosecute and give evidence, or to give evidence) in the matter of a charge ofagainst one A.B., and to attend at the said Court from day to day, or as I may be otherwise directed by the presiding officer; and in case of my making default herein, I bind myself to forfeit to Her Majesty the sum ofrupees.

(Signature.)

Dated

G.

Form of Bond for Good Behaviour (section 509).

Whereas I,, inhabitant of, have been called to enter into a bond to be of good behavior to Her Majesty the Queen and to all her subjects, for the term of, I hereby bind myself to be of good behavior to Her Majesty and to all her subjects during the said term, and in case of my making default therein, I bind myself to forfeit to Her Majesty the sum ofrupees.

(Signature.)

Dated

I hereby declare myself surety for the above-saidthat he shall be of good behavior to Her Majesty and to all her subjects during the said term; and in case of his making default therein, I hereby bind myself to forfeit to Her Majesty the sum ofrupees.

(Signature.)

Dated

SCHEDULE III.

CHARGES

(I.) Charges with one head.

(a.) I, [name and office of Magistrate, &c.,], hereby charge you, [name of accused person], as follows:

(b.) On Panal Code, Section 121. That you, on or about theday of, at, waged war against the Queen, and thereby committed an offence punishable under Section 121 of the Indian Penal Code, and within the cognizance of the Court of Session.

(c.) And I hereby direct that you he tried by the said Court on the said charge.

[Signature and seal of the Magistrate.]

[To be substituted for (b).]

(2.) On Section 124. That you, on or about theday of, at, with the intention of inducing the Honourable A.B., Member of the Council of the Governor General of India, to refrain from exercising a lawful power as such Member, assaulted such Member, and thereby committed an offence punishable under Section 184 of the Indian Penal Code, and within the cognizance of the Court of Session.

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

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

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

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

(7.) On Section 392. That you, on or about theday of, at, committed robbery, an offence punishable under Section 392 of the Indian Penal Code, and within the cognizance of the Court of Session.

(8.) On Section 395. That you, on or about theday of, at, committed d k iti, an offence punishable under of the Indian Penal Code, and within the cognizance of the Court of Session.

(9.) On Section 166. That you, on or about theday of, at, did [or omitted to do, as the case may be], such conduct being contrary to the provisions of Actsection, and was known by you to be prejudicial to, and thereby committed an offence punishable under Section 166 of the Indian Penal Code, and within the cognizance of the Court of Session.

(10.) On Section 193. That you, on or about theday of, at, in the course of the trial ofbefore, stated in evidence that which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Indian Penal. Code, and within the cognizance of the Court of Session.

[In cases tried by Magistrates, substitute within my cognizance, for within the cognizance of the Court of Session. In (d), omit by the said Court. ]

(II.) Charges with two or more heads.

(a). I, [name and office of Magistrate, &c.,], hereby charge you, [name of accused person], as follows:

(b). On Penal Code, Section 241 and 242. First. That you, on or about theday of, at, knowing a coin to be counterfeit, delivered the same to another person, by name A.B. as genuine, and thereby committed an offence punishable under Section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

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

(c) and I hereby direct that you be tried by the said Court on the said charge.

[Signature and seal of the Magistrate,]

For (b). First. On Sections 302 and 304. That you, on or about theday of, at, committed murder by causing the death of, and thereby committed an offence punishable under Section 302 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly. That you, on or about theday of, at, by causing the death of, committed culpable homicide, and thereby committed an offence punishable under Section 804 of the Indian Penal Code, and within the cognizance of the Court of Session.

For (b.) First. On Sections 379 and 382. That you; on or about theday of, at, committed theft, and thereby committed an offence punishable under Section 879 of the Indian Penal Code, and within the cognizance of the Court of Session.

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

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

Fourthly. That you, on or about theday ofat, committed theft, having made preparation for causing fear of hurt to person in order to the retaining of property taken by such theft, and thereby committed an offence punishable under Section 388 of the Indian Penal Code, and within the cognizance of the Court of Session.

For (b). Alternative charges on Section 193. That you, on or about theday of, at, in the course of the inquiry intobefore, stated in evidence that , and that you, on or about theday of, at, in the course of the trial ofbeforestated in evidence that , one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under Section 193 of the Indian Penal Code, and within the cognizance of the Court of Session.

In trials before Magistrates, substitute within my cognisance, for within the cognizance of the Court of Session and omit by the said Court.

SCHEDULE IV.

Explanatory Notes. 1^st. The entries in the second and sixth columns of the schedule, headed respectively Offence and Punishment under the Indian Penal Code are not intended as definitions of the offences and punishments described in the several corresponding sections of the Indian Penal Order or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the first column.

2^nd. The term Whether bailable or not, in column 5, is to be taken in connection with the provisions of Sections 888 and 889 of this Code.

3^rd. Offences may be tried by a Court superior to the Court specifically mentioned in column 7. For example, a Court of Session may try an offence entered in column 7 as triable by a Magistrate.

4^th. The words to Any Magistrate, as used in column 7, shall include any Magistrate of the first, second or third class.

5^th. In the territories in British India to which the General Regulations of Bengal, Madras and Bombay do not extend, the powers given by this Act shall be exercised by such officers as the Local Government of those territories respectively shall appoint.

6^th. The last part of the schedule, headed Offences against other Laws, shall not be taken to alter or affect any special provision contained in such laws regarding the procedure to be followed in the case of offences made punishable thereby.

7^th. The direction in column 4 is meant to indicate to Magistrates the manner in which the discretion vested in them by Sections 148, 149 and 150 is commonly to be used, but it is not to affect the definition of summons cases and warrant cases given in Section 4.

CHAPTER V. OF ABETMENT.

CHAPTER VI. OFFENSES AGAINST THE STATE.

CHAPTER VII. OFFENSES RELATING TO THE ARMY AND NAVY.

CHAPTER VIII. OFFENSES AGAINST THE PUBLIC TRANQUILITY.

CHAPTER IX. OFFENSES BY OR RELATING TO PUBLIC SERVANTS.

CHAPTER X. CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS.

CHAPTER XI. FALSI EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE.

CHAPTER XII. OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS.

CHAPTER XIII. OFFENCES RELATING TO WEIGHTS AND MEASURES.

CHAPTER XIV. OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS.