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before himself, in which case he shall proceed under Chapter XVI. or 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.

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CXCVI. 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 the 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.

CXCVII. If such accused person (not being a European

to be to a high British subject)

court.

Contents of charge. ̧

is accused of having committed an offence conjointly with a European British subject, who is about to be com-. mitted for trial, or to be 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 196.

CXCVIII. 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 be tried by such court on such charge. He.. shall also record his reasons for committing such, accused person.

A copy of such instrument shall be forwarded with the Copy of charge. record of the original inquiry to the court of session before which the accused person is to be 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 be 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 be forwarded therewith..

CXCIX. As soon as the charge on which the accused person is to be 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.

Copy of charge to be furnished to accused.

defence on trial.

CC. The accused person shall be required at once to List of witnesses for 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 be considered to have been made until such evidence has been taken.

It shall be in the discretion of the magistrate, subject to Further list.. the provisions of Section 359, to allow the accused person to give in any further list of witnesses at a subsequent time.

to be furnished to accused.

CCI. When the inquiry is concluded, the accused person Copies of depositions shall, if he demands them at a reasonable time before the trial, be furnished with copies of the depositions. Such

When commitment

copies shall be made at his expense unless the magistrate sees fit to give them free of cost.

CCII. When the accused person is committed to take his made, magistrate trial before the court of session or high court, the magisto give notice to Government pro- trate shall issue an order to the public prosecutor, Govern

secutor.

Procedure in sunmons cases.

Object and effect of complaint.

When notice is defective.

Accused person may

be admitted to bail

large on his personal recoguizance.

ment 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.

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CHAPTER XVI.-Of the trial of Summons Cases by
Magistrates.

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

No formal charge need at any time be made against the accused person, and neither the complaint nor the summons shall be regarded otherwise than as notice to the accused person of the facts to be 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.

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.

CCIV. If, upon the day appointed, the accused person or allowed to be at 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 bail, 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.

complainant.

CCV. If upon the day appointed for the appearance of Non-appearance 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 be made upon such terms as the magistrate thinks fit.

of

plaint to be stated.

CCVI. On the appearance of both parties on the day Substance of comfixed for the trial, the substance of the complaint shall be stated to the accused person, and he shall be asked if he has any cause to show why he should not be convicted. If the accused person admit the truth of the complaint, Conviction on admishis admission shall be recorded, and if he shows no sufficient cause why he should not be convicted, the magistrate may convict him accordingly of such offence (coming under this chapter) as he may appear to have committed.

sion of truth of complaint.

such admission is made.

CCVII. If the accused person does not admit the truth Procedure when no of the complaint, the magistrate shall proceed to hear the complainant and such witnesses as he produces in support of his complaint, and also to hear the accused person and such witnesses as he produces in his defence.

CCVIII. Before or during the hearing of any complaint, Adjournment. 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 hot appear the magistrate may dismiss the complaint.

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- cases of frivolous or vexatious complaints.

CCIX. A magistrate may dismiss the complaint as fri- Compensation volous 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.

Recovery of such compensation.

Withdrawal of complaint.

Acquittal.

Sentence.

Effect of dismissal.

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.·

The sum so awarded shall be recoverable by distress and sale of the movable 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 movable 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.

GCX. If a complainant at any time before a final order is passed in any case under this chapter, satisfies the magis trate 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.

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

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

When the personal attendance of the accused person during the tria! has been dispensed with, the sentence of the magistrate, if the sentence be for fine only, may be 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.

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

person.

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

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