power, and authority which would be had and exercised by the high court at its ordinary place of sitting if the said European British subject had been committed or bailed to the said high court at its ordinary place of sitting for the offence with which he is charged. But the trial of the said European British subject before such judge of the high court acting under such commission as aforesaid, and whether sitting by himself or with the associate judge, shall, Code of Criminal subject to the exceptions hereinafter declared, be conProcedure to apply ducted in accordance with the rules and provisions contained in the Code of Criminal Procedure, and thereby made applicable to trials of persons committed or bailed for trial before the court of session for offences triable by such court. to the trial of such subjects except as hereinafter declar ed. over Jurisdiction pean British sub. commission. Trials under commis XXXIII. The judge of the high court acting under such commission in the place and manner therein mentioned, and whether sitting by himself or with the associate judge, shall, if he shall think fit, have and exercise the same jurisdiction, power and authority in respect of any person committed or bailed for trial under the Code of Criminal Procedure before the court of session at the place and within the time in such commission mentioned, as might he had and exercised by the court of session to which such person was committed or bailed. The trial of such person shall be conducted, subject to the exceptions hereinafter declared, in accordance with the rules and provisions contained in the Code of Criminal Procedure, and thereby made applicable to trials before a court of session of persons committed or bailed to such court for offences triable by the same. XXXIV. All trials before a judge of the high court sion to be by jury. acting under such commission as aforesaid, and whether sitting by himself or with the associate judge, shall be by jury. Summoning of jurors to serve on trials XXXV. Whenever the Governor General of India in under commission. Council, or the Governor of Madras or of Bombay in Council, as the case may be, shall have signified to the high court that it is intended to issue a commission as aforesaid to any judge or judges of the high court authorizing and directing sittings of the said judge or judges in any place, the high court shall give notice of such intention to the court of session empt. at such place, and thereupon the said court of session shall take and cause to be taken the measures prescribed by Sections 336 to 340, both inclusive, of the Code of Criminal Procedure for the summoning of jurors; and in addition to the persons so summoned as jurors, the said court of session shall, if it shall think needful, after communication with the commanding officer, cause to be summoned such number of commissioned and non-commissioned officers in the military service, resident within ten miles of its place of sitting, as the court Military men not exshall consider to be necessary to make up the juries required for the trial of persons charged with offences before the judge of the high court acting under commission as aforesaid. All commissioned and non-commissioned officers so summoned shall be liable to serve on such juries notwithstanding anything contained in the Code of Criminal Procedure, but no commissioned or non-commissioned officer shall be summoned whom his commanding officer shall desire to have excused on the ground of urgent military duty or for any other special military reason. The juries for the trial of persons triable by such judge of the high court acting under such commission as aforesaid, shall be formed in the manner required by the Code of Criminal Procedure and by this Act from the persons summoned under the said sections of the Code of Criminal Procedure and from the commissioned and non-commissioned officers summoned as aforesaid, or, if no such officers have been summoned, then solely from the persons summoned under the same sections. European British subject. XXXVI. If the person charged shall be a European Jury for trial of British subject and shall so require before the jury shall be empannelled, the majority of the jurors shall consist of Europeans or Americans. If such a jury cannot be procured, the person so charged shall be sent for trial by the high court in its usual place of sitting. XXXVII. On every trial mentioned in the thirty-fourth section of this Act, the jury shall consist of twelve persons, and unanimity, or a majority of not less than nine with the concurrence of the presiding judge, shall be necessary for a verdict of guilty. In default of such unanimity, or of such majority and concurrence, the prisoner shall be acquitted. Number of jury requisite to verdict of guilty. crown, Acts not of a judicial XXXVIII. During the trial of any person before a judge nature may be done by clerk of the of the high court acting under commission as aforesaid, or before a judge of the high court and an associate judge sitting together, any act not of a judicial nature, which the Code of Criminal Procedure requires to be done by the court of session, may be done by the clerk of the crown or by any officer of the court directed by such judge to perform such Portions of Section 380 of Criminal act. XXXIX. So much of the three hundred and eightieth Procedure Code section of the Code of Criminal Procedure as requires the not to apply to sentences by high confirmation by the sudder court of sentences of death passcourt judge. ed by a court of session, and so much of the said section as requires from the court a statement of the grounds on which a person convicted of an offence made punishable by death by the Indian Penal Code has been sentenced to a punishment other than death, shall not apply to sentences by a judge of the high court acting under commission as aforesaid. Portion of 26th Chap ter of Criminal XL. So such of the twenty-sixth chapter of the Code of Procedure Code not Criminal Procedure as requires judgment to be passed by a to apply to sen- criminal court in any particular form, and as requires that tences of high court judge. the sentence or finding shall be recorded in any particular form, shall not apply to judgments, sentences, or findings in trials before a judge of the high court acting under such commission as aforesaid, whether sitting by himself or with an associate judge; but the judge shall pass judgment and shall record or cause to be recorded the sentence and finding in such form as he shall think proper. Power to reserve for high court any evidence. XLI. When any person has been convicted of an offence question of law or before a judge of the high court acting under commission as aforesaid, the judge, if he think proper, may reserve for the decision of the high court any question of law or of the admissibility of evidence which has arisen in the course of the trial of such person. If the judge reserve no such question, he shall forward the prisoner with a copy of his sentence, and a warrant for the execution of the same, to the Procedure where no magistrate or other officer in charge of the jail of the such question re- district at which the trial was held, and such magistrate or other officer shall proceed thereupon in like manner as served. he is directed by the Code of Criminal Procedure to proceed in respect of sentences by a court of session not requiring confirmation. If the judge reserve any question of law or of the admissibility of evidence, the person convicted shall, pending the decision of the high court thereon, be dealt with in like manner as persons sentenced by a court of session in cases where the sentence requires the confirmation of the sudder court under the Code of Criminal Procedure. If the decision of the high court be adverse to the person convicted, such decision shall be forwarded to the court of session of the district in which the trial took place, in like manner as is directed by the three hundred and eighty-third section of the said code with reference to orders of confirmation of sentences, and thereupon the said court of session and all other persons shall proceed as if the person convicted had been sentenced by such court of session, and as if such sentence had been confirmed by the sudder court under the Code of Criminal Procedure. as aforesaid, Criminal Procedure Code to apply to juries under commission. XLII. Save as is herein before otherwise provided, the Save, Code of Criminal Procedure shall apply to the constitution and formation of juries for the purpose of trials before a judge of the high court acting under commission as aforesaid, or before such judge and associate judge, and to trials before such judge of the high court or before such judge and an associate judge, and to sentences by such judge of the high court, and to the carrying into execution of such sentences. XLIII. If the judge of the high court think fit, he may direct the associate judge to try any person other than a European British subject, who under this Act is triable by such judge of the high court. The trial of such person shall be regulated without exception by the rules of the Code of Criminal Procedure applicable to trials of persons committed or bailed for trial before a court of session, and such person, if convicted, shall be dealt with as if he had been convicted before the court of session of the district in which the trial was held. Any person, other than a European British subject who has been committed or bailed for trial before the court of session of any place mentioned in such commission as High court judge may direct associate judge to try any one triable under commission, not a European British subject, Power to Governor in Council to ap point a barrister in before to. referred aforesaid, but who has not been tried under this Act during the time for which the commission remains in force, shall be tried by the court of session to which he was committed or bailed as if this Act had not passed. XLIV. * It shall be lawful for the Governor General of India in Council by his commission to authorize and direct to hold sittings any barrister-at-law of not less than five years' standing, under commission although not a judge of any high court, to hold sittings at at places not hereany place in British India, other than the usual place of sitting of such court, and other than any place referred to in the twenty-second, twenty-third, and twenty-fourth sections of this Act, or at several such places by way of circuit. The barrister acting under such commission, in the places and manner therein directed, shall have and exercise the same jurisdiction, power, and authority as (subject to the provisions hereinbefore contained) would be had and exercised by a judge of the high court acting under any such commission as aforesaid. XLV. & XLVI. Repealed by Act XIV. of 1870. Preamble. A. D. 1866. ACT VI. AN ACT to continue Act No. XXXI. of 1860 (relating to the manufacture, importation and sale of Arms and Ammunition, and for regulating the right to keep and use the same, and to give power of disarming in certain cases) and for other purposes. Passed on the 2nd March 1866. WHEREAS Act No. XXXI. of 1860 as continued by Act No. VI. of 1865 will expire on the first day of October 1866; and whereas it is expedient to continue the said Act No. XXXI. of 1860 with such modifications as are hereinafter mentioned; and whereas it is desirable to render the licence mentioned in the 26th and other sections of the same Act grantable upon conditions, and to enable the local Governments to exempt classes of persons, districts and parts of dis See Act XIV. of 1870. |