CHAPTER XVII. Of the trial of Warrant Cases by Magistrates. CCXIII. The following procedure shall be observed by Procedure in warrant magistrates in the trial of warrant cases. cases. 190 to 194 to apply. CCXIV. The provisions of Sections 190 to 194 (both Sections inclusive) shall apply to trials conducted under this chapter. CCXV. When the evidence of the. complainant and of Discharge of accused. 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 be lawfully compounded, shall not be 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 be passed until the evidence of the witnesses named for the prosecution has been taken. CCXVI.. 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. Charge to be drawn when offence is ap parently proved. CCXVII. 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. CCXVIII. 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. CCXIX. The magistrate shall, subject to the provisions of Section 362, summon any witness and examine any evidence that may be offered in behalf of the accused persor, 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. CCXX. If the magistrate finds the accused person not guilty, he shall record judgment of acquittal. 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 216. CCXXI. In any trial before a magistrate, in which it 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 be 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 36, commit the prisoner under the provisions hereinbefore contained. If such magistrate is not empowered to commit he shall proceed under Section 45. CHAPTER XVIII.-Of Summary Trials. tried summarily. CCXXII. The magistrate of the district may try the What offences may be following offences in a summary way, and on conviction of the offender, may pass such sentence as may be lawfully in Hicted under Section 20 of this code :— (1). Offences referred to in Section 148 of this code. (2). Offences relating to weights and measures under Sections 264, 265, and 266 of the Indian Penal Code. (3). Hurt, under Section 323 of the Indian Penal Code. (4). Theft, under Section 379 of the Indian Penal Code, where the value of the property stolen does not exceed 50 rupees. (5). Theft, under Section 380 of the Indian Penal Code, where the value of the property stolen does not exceed 50 rupees. (6). Theft, under Section 381 of the Indian Penal Code, where the value of the property stolen does not. exceed 50 rupees. (7). Receiving stolen property, under Section 411 of the Indian Penal Code. (8). Mischief, under Section 427 of the Indian Penal Code. (9). House-trespass, under Section 448 of the Indian Penal Code. (10). Criminal intimidation, under Sections 504 and 506 of the Indian Penal Code. (11). Abetment of, or attempt to commit when such attempt is an offence, any of the foregoing offences. CCXXIII. 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 222. CCXXIV. 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 222. CCXXV. The local Government may invest any bench of magistrates invested with the powers of a magistrate of the Power to invest magistrates with power to try summarily. Power to invest beach of magistrates invested with first class magisterial powers. Power to invest bench of magistrates in vested with less second or third class with power to try summarily all or any power. Procedure for summons and warrant cases of the following offences: Offences coming within Sections 277, 278, 279, 285, 286, 299, 290, 292, 293, 294, 323, 334, 336, 341, 352, 426 and 447 of the Indian Penal Code; any offences against Municipal Acts, and the conservancy clauses of Police Atts punishable with fine or with imprisonment not exceeding one month. CCXXVI. In trials under this chapter the provisions of applicable this code in regard to summons cases shall be followed in with certain excep- respect of summons cases, and the procedure for warrant cases in respect of warrant cases, with the exceptions hereinafter provided. tions. Record in cases where there is no appeal. Record in appealable cases. CCXXVII. 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 be kept for the purpose, the following particulars (a) The serial number; (b) The date of the commission of the offence; (a) 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; (2) The sentence; and (j) The date on which the proceedings terminated. CCXXVIII. If a magistrate or bench of magistrates, acting under Section 222, 223, or 224, passes a sentence of more than three months' imprisonment, or of fine exceeding 200 rupees; or if a bench of magistrates, acting under Section 225, 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 227. Such judgment shall be the only record in cases coming within this section. ment. CCXXIX. Records made under Section 227, and judg- Language of judg ments recorded under Section 228, shall be 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. CCXXX. The local Government may authorize any bench of magistrates empowered to try offences summarily, fo 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, CHAPTER XIX.-Trial by Court of Session. CCXXXI. 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 472. CCXXXII. All trials before the court of session shall be either by jury, or conducted with the aid of two or more assessors. Bench of magistrates may be empowered to employ clerk. Cognizance of offences by court of session Trials to be by jury or with assessors. Government may order trials before court of session to be by CCXXXIII. The local Government may order that the Local 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 be 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 be invalid. If an offence triable by a jury is tried with assessors, jury. |