Government, and may be sold under the orders of the Presidency Magistrate, District Magistrate or Sub-divisional Magistrate, or of a Magistrate of the first class empowered by the Local Government in this behalf.

In the case of every order passed under this section, an appeal shall lie to the Court to which appeals against sentences of the Court passing such order would lie.

able pro

525. If the person entitled to the possession of such pro- Power to perty is unknown or absent, and the property is subject to sell perishspeedy and natural decay, or the Magistrate to whom its perty. seizure is reported is of opinion that its sale would be for the benefit of the owner, the Magistrate may at any time direct it to be sold; and the provisions of sections 523 and 524 shall, as nearly as may be practicable, apply to the nett proceeds of such sale 1.

CHAPTER XLIV.

OF THE TRANSFER OF CRIMINAL CASES.

526. Whenever it is made to appear to the High Court(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto 2, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same, or

(d) that an order under this section will tend to the general convenience of the parties or witnesses, or

(e) that such an order is expedient for the ends of justice 3, it may order

1 As to orders made bona fide under this section by Magistrates not empowered to make them, see sec. 529 (h).

2 9 Bom.172, 333: 6 Cal. 491 : 7 Cal. 322: 5 Mad. H. C. 212: 9 Mad. 356. Before transferring a case against the wish of the accused, the High Court requires the very best evidence that a fair trial cannot be had where the case is ordinarily triable, 6 Cal. 491.

Inserted by Act III of 1884, sec. 11. Clause (e) would clearly cover such a case as that in 9 Bom. 333, where the High Court transferred to itself a case of defamation from the Cantonment Magistrate's Court at Sikandarábád on the ground that no machinery for a trial by jury existed at Sikandarábád.

High Court may trans

fer case, or itself try it.

Notice to

Public

(1) that any offence be inquired into or tried by any Court not empowered under sections 177 to 184 (both inclusive), but in other respects competent to inquire into or try such offence;

(2) that any particular criminal case or appeal, or class of such cases or appeals, be transferred from a Criminal Court subordinate to its authority1 to any other such Criminal Court of equal or superior jurisdiction; or

(3) that any particular criminal case or appeal be transferred to and tried before itself; or

(4) that an accused person be committed for trial to itself or to a Court of Session 2.

When the High Court withdraws for trial before itself any case from any Court other than the Court of a Presidency Magistrate, it shall, except as provided in section 267, observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn.

Every application for the exercise of the power conferred by this section shall be made by motion which shall, except when the applicant is the Advocate General, be supported by affidavit or affirmation 3.

When an accused person makes an application under this section, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecutor.

Every accused person making any such application shall Prosecutor give to the Public Prosecutor notice in writing of the applicaof application under tion, together with a copy of the grounds on which it is sec. 526. made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. Nothing in this section shall be deemed to affect any order made under section 197.

ment on

Adjourn- 526 A. If in any criminal case or appeal, before the comapplication mencement of the hearing, the public prosecutor, the comunder sec- plainant, or the accused notifies to the Court before which the tion 526.

2 Inserted by Act III of 1884, sec. 11.

1 9 Mad. 356.

3 I Cal. 219: 8 Cal. 63: 9 Cal. 397.

case or appeal is pending his intention to make an application under section 526 in respect of the case, the Court shall exercise the powers of postponement or adjournment given by section 344 in such a manner as will afford a reasonable time for the application being made and an order being obtained thereon, before the accused is called on for his defence, or, in the case of an appeal, before the hearing of the appeal 1.

Governor

transfer

527. The Governor General in Council may, by notification Power of in the Gazette of India, direct the transfer of any particular General in criminal case or appeal from one High Court to another High Council to Court, or from any Criminal Court subordinate to one High criminal Court to any other Criminal Court of equal or superior juris- cases and diction subordinate to another High Court, whenever it appears to him that such transfer will promote the ends of justice, or tend to the general convenience of parties or wit

nesses.

The Court to which such case or appeal is transferred shall deal with the same as if it had been originally instituted in, or presented to, such Court.

appeals.

Sub-divi

sional Ma

528. Any District Magistrate or Sub-divisional Magistrate District or may withdraw any case 2 from, or recall any case which he has made over to, any Magistrate subordinate to him, and may gistrate inquire into or try such case himself, or refer it for inquiry or draw or trial to any other such Magistrate competent to inquire into refer cases. or try the same 3.

may with

authorise

The Local Government may authorise the District Magis- Power to trate to withdraw from the Magistrates subordinate to him District either such classes of cases as he thinks proper, or particular Magistrate classes of cases 4.

to with

draw

A Magistrate making an order under this section shall classes of record in writing his reason for making the same 5.

II.

1 Inserted by Act III of 1884, sec.

28 Cal. 851.

* When a case under trial is removed under this section, the whole proceedings must commence de novo, 24 Suth. Cr. 53.

* See the Panjab Gazette, 8th Feb.

1883, Part I, p. 52, and the British
Burma Gazette, 1873, Part II, p. 5.

5 Added by Act III of 1884, sec.
13. Where a Magistrate not em-
powered in this behalf erroneously
but in good faith withdraws a case
and tries it himself under sec. 528,
see sec. 529.

cases.

Irregularities which

CHAPTER XLV.

OF IRREGULAR PROCEEDINGS.

529. If any Magistrate not empowered by law to do any

do not viti- of the following things, namely

ate proceedings.

Irregulari

ties which vitiate proceedings.

(a) to issue a search-warrant, under section 98;

(b) to order, under section 155, the police to investigate an offence;

(c) to hold an inquest under section 176;

(d) to issue process, under section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits;

(e) to take cognisance of an offence under section 191, clause (a) or clause (6);

(f) to transfer a case under section 192;

(g) to tender a pardon under section 337 or section 3381; (h) to sell property under section 524 or section 525; or (i) to withdraw a case and try it himself under section 528; erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

530. If any Magistrate, not being empowered by law in this behalf, does any of the following things (namely)— (a) attaches and sells property under section 88;

(6) issues a search-warrant for a letter in the Post-office, or a telegram in the Telegraph Department;

(c) demands security to keep the peace ;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace ;

(g) makes an order, under section 133, as to a local nuisance; (h) prohibits, under section 143, the repetition or continuance of a public nuisance;

(i) issues an order under section 144;

(j) makes an order under Chapter XII;

1 8 Cal. 560.

(k) takes cognisance, under section 191, clause (c), of an

offence;

(passes a sentence, under section 349, on proceedings recorded by another Magistrate;

(m) calls, under section 435, for proceedings;

(n) makes an order for maintenance;

(0) revises under section 515, an order passed under section 514;

(p) tries an offender1;

(g) tries an offender summarily 2; or

(r) decides an appeal;

his proceedings shall be void.

531. No finding, sentence or order of any Criminal Court 3 Proceed ings in shall be set aside merely on the ground that the inquiry, trial wrong or other proceeding in the course of which it was arrived at or place. passed took place in a wrong Sessions Division, District, Subdivision or other local area *, unless it appears that such error occasioned a failure of justice.

validated.

532. If any Magistrate or other authority 5 purporting to When irregular comexercise powers duly conferred, which were not so conferred, mitments commits an accused person for trial before a Court of Session may be or High Court, the Court to which the commitment is made may, after perusal of the proceedings, accept the commitment if it considers that the accused has not been injured thereby, unless, during the inquiry and before the order of commitment, objection was made on behalf either of the accused or of the prosecution to the jurisdiction of such Magistrate or other authority".

If such Court considers that the accused was injured, or if such objection was so made, it shall quash the commitment, and direct a fresh inquiry by a competent Magistrate 7.