and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognisance of the Court of Session [or High Court]. , day of ,' one of which statements in the course of the trial of stated in evidence that' 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 cognisance of the Court of Session [or High Court]1. [In cases tried by Magistrates, substitute 'within my cognisance' for 'within the cognisance of the Court of Session,' and in (c) omit by the said Court."] (III.)-CHARGE FOR THEFT AFTER A PREVIOUS CONVICTION. I, (name and office of Magistrate, etc.), hereby charge you (name of accused person), as follows: day of at That you, on or about the committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognisance of the Court of Session [or { High Court as the case may be]. Magistrate And you the said (name of accused) stand further charged that you, before the committing of the said offence, that is to say, on the day of had been convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the offence was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code2. And I hereby direct that you be tried, etc. XXIX.-WARRANT OR COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A MAGISTRATE. (name of prisoner), of the the (1st, 2nd, 3rd, as the case may be) prisoner in case No. Calendar for 18 was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely) under section (or 1 See 10 Cal. 937. It is not necessary in India to allege which of the two contradictory statements is false, or to establish the falsity of that which is impeached as untrue, 7 All. 44, overruling 5 All. 17, and following 6 Suth. Cr. 65: 4 Mad. H.C. 51; and 13 Ben. 324. 2 See another form, 4 Mad. H. C., Rulings, xi. sections) of the Indian Penal Code (or of Act (state the punishment fully and distinctly); ), and was sentenced to This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (prisoner's name) into your custody in the said jail, together with this warrant, and there carry the aforesaid sentence into execution according to law. Given under my hand and the seal of the Court, this 18 . (Seal.) day of (Signature.) XXX.-WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER AMENDS BY DISTRESS. (See section 250.) To the Superintendent (or Keeper) of the Jail at WHEREAS (name and description) has brought against (name and description of the accused person) the complaint that (mention it concisely), and the same has been dismissed as frivolous (or vexatious), and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as amends; and whereas the said sum has not been paid and cannot be recovered by distress of the moveable property of the said (name of complainant) and an order has been made for his simple imprisonment in jail for the period of days, unless the aforesaid sum be sooner paid; This is to authorise and require you, the Superintendent (or Keeper), to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said jail for the said period of (term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof forthwith to set him at liberty; returning this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of has (or is suspected to have) committed the offence of (state the offence concisely, with time and place), and it appears to me that you are likely to give material evidence for the prosecution; You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon, to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance. Given under my hand and the seal of the Court, this day of (Signature.) XXXII. PRECEPT TO DISTRICT MAGISTRATE TO SUMMON JURORS AND ASSESSORS. (See section 326.) To the District Magistrate of at on the day of WHEREAS a Criminal Session is appointed to be held in the Court-house next, and the names of the persons herein stated have been duly drawn by lot from among those named in the revised list of jurors and assessors furnished to this Court; you are hereby required to summon the said persons to attend at the said Court of Session at IO A.M. on the said date, and, within such date, to certify that you have done so in pursuance of this precept. (Here enter the names of Jurors and Assessors.) Given under my hand and the seal of the Court, this 18 (Seal.) day of (Signature.) XXXIII. SUMMONS TO ASSESSOR OR JUror. To (name) of place.) (See section 328.) PURSUANT to a precept directed to me by the Court of Session of requiring your attendance as an Assessor (or a Juror) at the next Criminal Session, you are hereby summoned to attend at the said Court of Session at (place) at ten o'clock in the forenoon on the next. day of Given under my hand and seal of office, this day of 18 (Seal.) (Signature.) XXXIV.-WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH. (See section 374.) To the Superintendent (or Keeper) of the Jail at WHEREAS at the Session held before me on the day of 18 (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Indian Penal Code, and sentenced to suffer death, subject Court of to the confirmation of the said sentence by the This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (prisoner's name) into your custody in the said jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court. Given under my hand and the seal of the Court, this , 18 (Seal.) ; day of (Signature.) XXXV.-WARRANT OF EXECUTION ON A SENTENCE OF DEATH. (See section 381.) To the Superintendent (or Keeper) of the Jail at WHEREAS (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar at the Session held before me on the the day of 18 has been by a warrant of this Court, dated committed to your custody under sentence Court of confirming of death, and whereas the order of the the said sentence has been received by this Court; This is to authorise and require you the said Superintendent (or Keeper) to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed. Given under my hand and the seal of the Court, this day of (Signature.) XXXVI.-WARRANT AFTER A COMMUTATION OF A SENTENCE (See sections 381 and 382.) To the Superintendent (or Keeper) of the Jail at WHEREAS at a Session held on the day of 18 (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar at the said Session, was convicted of the offence of of the Indian Penal Code, and , punishable under section and was thereupon committed to your custody; and Court of sentenced to whereas by the order of the (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of transportation for life (or, as the case may be); This is to authorise and require you the said Superintendent (or Keeper), safely to keep the said (prisoner's name) in your custody in the said jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of transportation under the said order, or if the mitigated sentence is one of imprisonment, say, after the words 'custody in the said jail,' and there to carry into execution the punishment of imprisonment under he said order according to law.' Given under my hand and the seal of the Court, this 18 *(Seal.) day of (Signature) XXXVII.-WARRANT TO LEVY A FINE BY DISTRESS AND SALE. (See section 386.) To (name and designation of the police-officer or other person, or persons, who is or are to execute the warrant). WHEREAS (name and description of the offender) was on the day of 18 convicted before me of the offence of (mention the offence concisely) and sentenced to pay a fine of rupees and whereas the said (name), although required to pay the said fine, has not paid the same or any part thereof; This is to authorise and require you to make distress by seizure of any moveable property belonging to the said (name) which may be found within the District of ; and, if within (state the number of days or hours allowed) next after such distress the said sum shall not be paid (or forthwith), to sell the moveable property distrained, or so much thereof as shall be sufficient to satisfy the said fine; returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Given under my hand and the seal of the Court, this , 18. (Seal.) day of (Signature.) XXXVIII.-WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED. (See section 480.) To the Superintendent (or Keeper) of the Jail at WHEREAS at a Court holden before me on this day (name and description of the off nder) in the presence (or view) of the Court committed wilful contempt; And whereas for such contempt the said (name of offender) has been adjudged by the Court to pay a fine of rupees or in default to suffer simple imprisonment for the space of (state the number of months or days); This is to authorise and require you, the Superintendent (or Keeper) of the said jail, to receive the said (name of offender) into your custody, together with this warrant, and him safely to keep in the said jail for the said period of (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this 18 (Seal.) day of (Signature.) XXXIX.-MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER. (See section 485.) To (name and designation of officer of Court). WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry |