CHAPTER XXIV

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND

TRIALS

300. Person once convicted or acquitted not to be tried for same offence.

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and

convicted or acquitted of such offence shall, while such conviction or acquittal remains in force,

not be liable to be tried again for the same offence, nor on the same facts for any other offence

for which a different charge from the one made against him might have been made under subsection

(1) of section 221, or for which he might have been convicted under sub-section (2)

thereof.

(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of

the State Government for any distinct offence for which a separate charge might have been made

against him at the former trial under sub-section (1) of section 220.

(3) A person convicted of any offence constituted by any act causing consequences which,

together with such act, constituted a different offence from that of which he was convicted, may

be afterwards tried for such last-mentioned offence, if the consequences had not happened or

were not known to the Court to have happened, at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding

such acquittal or conviction be subsequently charged with, and tried for, any other offence

constituted by the same acts which he may have committed if the Court by which he was first

tried was not competent to try the offence with which he is subsequently charged.

(5) A person discharged under section 258 shall not be tried again for the same offence except

with the consent of the Court by which he was discharged or of any other Court to which the

first-mentioned Court is subordinate.

(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act,

1897 (10 of 1897) or of section 188 of this Code.

Explanation—The dismissal of a complaint, or the discharge of the accused, is not an acquittal

for the purposes of this section

Illustrations

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the

acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft

simply, or with criminal breach of trust.

(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may

be tried again for culpable homicide.

(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may

not afterwards be tried on the same facts for the murder of B.

(d) A is charged by a Magistrate of the first class with, and convicted by him of voluntarily

causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the

same facts, unless the case comes within sub-section (3) of this section.

(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of

property from the person of B. A may subsequently be charged with, and tried for, robbery on the

same facts.

(f) A, B and C are charged by a magistrate of the first class with, and convicted by him of,

robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.

301. Appearance by public prosecutors.

(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and

plead without any written authority before any Court in which that case is under inquiry, trial or

appeal.

(2) If any such case any private person instructs a pleader to prosecute any person in any Court,

the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the

prosecution, and the pleader so instructed shall act therein under the directions of the Public

Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit

written arguments after the evidence is closed in the case.

STATE AMENDMENT

West Bengal:

For section 301 (1), the following shall be substituted:—

"(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written

authority before any Court in which that case is under inquiry, trial or appeal.

(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written

authority before any Court in which that case is under inquiry or trial."

[Vide W.B. Act 26 of 1990.

302. Permission to conduct prosecution.

(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by

any person other than a police officer below the rank of Inspector; but no person, other than the

Advocate- General or Government Advocate or a Public Prosecutor or Assistant Public

Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has

taken part in the investigation into the offence with respect to which the accused is being

prosecuted.

(2) Any person conducting the prosecution may do so personally or by a pleader.

303. Right of person against whom proceedings are instituted to be defended.

Any person accused of an offence before a Criminal Court, or against whom proceedings are

instituted under this Code, may of right be defended by a pleader of his choice.

304. Legal aid to accused at State expense in certain cases.

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and

where it appears to the Court that the accused has not sufficient means to engage a pleader, the

Court shall assign a pleader for his defence at the expense of the State.

(2) The High Court may, with the previous approval of the State Government make rule

providing for—

(a) the mode of selecting pleaders for defence under sub-section (2);

(b) the facilities to be allowed to such pleaders by the Courts;

(c) the fee payable to such pleaders by the Government, and generally, for carrying out

the purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified

in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of

trials before other Courts in the State as they apply in relation to trials before the Courts of

Session.

Comments

The entitlement to free legal aid is not dependent on the accused making an application to that

effect and the Court is obliged to inform the accused of his right to obtain free legal aid; Matloob

v. State (Delhi Admn.), (1997) 3 Crimes 989 (Del).

305. Procedure when corporation or registered society is an accused.

(1) In this section, "corporation" means an incorporated company or other body corporate, and

includes a society registered under the Societies Registration Act, 1860 (21 of 1860).

(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial,

it may appoint a representative for the purpose the inquiry or trial and such appointment need not

be under the seal of the corporation.

(3) Where a representative of a corporation appears, any requirement of this Code that anything

shall be done in the presence of the accused or shall be read or stated or explained to the accused,

shall be construed as a requirement that that thing shall be done in the presence of the

representative or read or stated or explained to the representative, and any requirement that the

accused shall be examined shall be construed as a requirement that the representative shall be

examined.

(4) Where a representative of a corporation does not appear, any such requirement as is referred

to in sub-section (3) shall not apply.

(5) Where a statement in writing purporting to be signed by the managing director of the

corporation or by any person (by whatever name called) having, or being one of the persons

having the management of the affairs of the corporation to the effect that the person named in the

statement has been appointed as the representative of the corporation for the purposes of this

section, is filed, the Court shall, unless the contrary is proved, presume that such person has been

so appointed.

(6) If a question arises as to whether any person, appearing as the representative of a corporation

in an inquiry or trial before a Court is or is not such representative, the question shall be

determined by the Court.

306. Tender of pardon to accomplice.

(1) With a view to obtaining the evidence of any person supposed to have been directly or

indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial

Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the

trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at

any, stage of the inquiry or trial, may tender a pardon to such person on condition of his making

a full and true disclosure of the whole of the circumstances within his knowledge relative to the

offence and to every other person concerned, whether as principal or abettor, in the commission

thereof.

(2) This section applies to—

(a) any offence triable exclusively by the Court of Session or by the Court of a Special

Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952).

(b) any offence punishable with imprisonment which may extend to seven years or with a

more severe sentence.

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—

(a) his reasons for so doing;

(b) whether the tender was or was not accepted by the person to whom it was made, and

shall, on application made by the accused, furnish him with a copy of such record free of

cost.

(4) Every person accepting a tender of pardon made under sub-section (1)—

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the

offence and in the subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the

trial.

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been

examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without

making any further inquiry in the case.—

(a) commit it for trial—

(i) to the Court of Session if the offence is triable exclusively by that Court or if

the Magistrate taking cognizance is the Chief Judicial Magistrate;

(ii) to a Court of Special Judge appointed under the Criminal Law Amendment

Act 1952 (46 of 1952), if the offence is triable exclusively by that Court;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try

the case himself.

Comments

(i) Once an accused is granted pardon under section 306 he ceases to be an accused and becomes

a witness for the prosecution; State (Delhi Admn.) v. Jagjit Singh, 1989 Cr LJ 980: AIR 1989 SC

989.

(ii) Section 306 (4) clearly reveals that the person accepting a tender of pardon should be

examined as a witness first in the Court of Magistrate and subsequently in the trial Court;

Murlidharan v. State of Tamil Nadu, (1997) 1 Crimes 515 (Mad).

307. Power to direct tender of pardon.

At any time after commitment of a case but before judgment is passed, the Court to which the

commitment is made may, with a view to obtaining at the trial the evidence of any person

supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a

pardon on the same condition to such person.

308. Trial of person not complying with conditions of pardon.

(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or

section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully

concealing anything essential or by giving false evidence, not complied with the condition on

which the tender was made, such person may be tried for the offence in respect of which the

pardon was so tendered or for any other offence of which he appears to have been guilty in

connection with the same matter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused:

Provided further that such person shall not be tried for the offence of giving false

evidence except with the sanction of the High Court, and nothing contained in section 195 or

section 340 shall apply to that offence.

(2) Any statement made by such person accepting the tender of pardon and recorded by a

Magistrate under section 164 or by a Court under sub-section (4) of section 306 may be given in

evidence against him at such trial.

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition

upon which such tender was made, in which case it shall be for the prosecution to prove that the

condition has not been complied with.

(4) At such trial the Court shall—

(a) if it is a Court of Session, before the charge is read out and explained to the accused;

(b) if it is the Court of a Magistrate before the evidence of the witnesses for the

prosecution is taken, ask the accused whether he pleads that he has complied with the

conditions on which the tender of pardon was made.

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it

shall, before passing judgment in the case, find whether or not the accused has complied with the

conditions of the pardon, and, if it finds that he has so complied, it shall notwithstanding

anything contained in this Code, pass judgment of acquittal.

309. Power to postpone or adjourn proceedings.

(1) In every inquiry or trial the proceedings shall be held as expeditiously as possible, and in

particular, when the examination of witnesses has once begun, the same shall be continued from

day to day until all the witnesses in attendance have been examined, unless the Court finds the

adjournment of the same beyond the following day to be necessary for reasons to be recorded.

(2) If the Court after taking cognizance of an offence, or commencement of trial, finds it

necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may,

from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it

thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in

custody:

Provided that no Magistrate shall remand an accused person to custody under this section

for a term exceeding fifteen days at a time:

Provided further that when witnesses are in attendance no adjournment or postponement

shall be granted, without examining them, except for special reasons to be recorded in writing:

Provided also that no adjournment shall be granted for the purpose only of enabling the

accused person to show cause against the sentence proposed to be imposed on him.

Explanation 1 —If sufficient evidence has been obtained to raise a suspicion that the accused

may have committed an offence, and it appears likely that further evidence may be obtained by a

remand, this is a reasonable cause for a remand.

Explanation 2 —The terms on which an adjournment or postponement may be granted include,

in appropriate cases, the payment of costs by the prosecution or the accused.

310. Local inspection.

(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due

notice to the parties, visit and inspect any place in which an offence is alleged to have been

committed, or any other place which it is in his opinion necessary to view for the purpose of

properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary

delay record a memorandum of any relevant facts observed at such inspection.

(2) Such memorandum shall form part of the record of the case and if the

prosecutor, complainant or accused or any other party to the case, so desires, a copy of the

memorandum shall be furnished to him free of cost.

311. Power to summon material witness, or examine person present.

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon

any person as a witness, or examine any person in attendance, though not summoned as a

witness, or recall and re-examine any person already examined; and the Court shall summon and

examine or recall and re-examine any such person if his evidence appears to it to be essential to

the just decision of the case.

Comments

(i) Power of Court to recall any witness or witnesses already examined or to summon any

witness can be invoked even if the evidence in both sides is closed so long as the Court retains

seisin of the criminal proceedings: Mohanlal Shamji Soni v. Union of India, (1981) 1 Crimes 818

(SC): (1991) Cr LJ 152 (SC).

(ii) Any person can be summoned as witness or recalled or re-examined at any stage of

proceeding where essential; Mohanlal Shamji Soni v. Union of India, (1991) GLJ 1521 (SC):

(1991) 1 Crimes 818 (SC).

(iii) It is crystal clear that the Court has been empowered to summon any person as a witness at

any stage of inquiry, trial or other proceeding. The power is not confined to any particular class

of person; Heeralal v. State of Madhya Pradesh, (1997) 2 Crimes 634 (MP).

(iv) It is settled in law if the conditions under this section are satisfied the Court can call a

witness not only on the motion of either the prosecution or the defence but also it can do so on its

even motion; Heeralal v. State of Madhya Pradesh, (1997) 2 Crimes 634 (MP).

(v) The discretion vested in the Court under section 311 is to be exercised judicially and not

arbitrarily; Raghunath Prasad v. State of Rajasthan, (1997) 3 Crimes 86 (Raj).

312. Expenses of complainants and witnesses.

Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit,

order payment, on the part of Government, of the reasonable expenses of any complainant or

witness attending for the purposes of any inquiry, trial or other proceeding before such Court

under this Code.

313. Power to examine the accused.

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any

circumstances appearing in the evidence against him, the Court—

(a) may at any stage, without previously warning the accused put such questions to him

as the Court considers necessary;

(b) shall after the witnesses for the prosecution have been examined and before he is

called on for his defence question him generally on the case:

Provided that in a summons-case where the Court has dispensed with the personal

attendance of the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1)

(3) The accused shall not render himself liable to punishment by refusing to answer such

question, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial,

and put in evidence for or against him in any other inquiry into, or trial for, any other offence

which such answers may tend to show he had committed.

Comments

Section 313 is an important section and salutary provision which should not be slurred over;

Raman Saikia v. State of Assam, (1997) 2 Crimes 555 (Gau).

314. Oral arguments and memorandum of arguments.

(1) Any party to a proceeding may, as soon as may be after the close of his evidence, address

concise oral arguments, and may, before he concludes the oral arguments, if any, submit a

memorandum to the Court setting forth concisely and under distinct headings, the arguments in

support of his case and every such memorandum shall form part of the record.

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written

arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant

such adjournment.

(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate

such arguments.

315. Accused person to be competent witness.

(1) Any person accused of an offence before a Criminal Court shall be a competent witness for

the defence and may give evidence on oath in disproof of the charges made against him or any

person charged together with him at the same trial:

Provided that—

(a) he shall not be called as a witness except on his own request in writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of

the parties or the Court or give rise to any presumption against himself or any person

charged together with him at the same trial.

(2) Any person against whom proceedings are instituted in any Criminal Court under section 98,

or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part

B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:

Provided that in proceedings under section 108, section 109 or section 110, the failure of

such person to give evidence shall not be made the subject or any comment by any of the parties

or the Court or give rise to any presumption against him or any other person proceeded against

together with him at the same inquiry.

Comments

It is well settled that no Court can compel the accused to give evidence unless there is

compliance with section 315(1)(a), i.e., a request in writing by the accused; Sarbeswar Panda v.

State of Orissa, (1997) 2 Crimes 534 (Ori).

316. No influence to be used to induce disclosure.

Except as provided in sections 306 and 307 no influence by means of any promise or threat or

otherwise, shall be used to an accused person to induce him to disclose or withhold any matter

within his knowledge.

317. Provision for inquiries and trial being held in the absence of accused in certain cases.

(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for

reasons to be recorded, that the personal attendance of the accused before the Court is not

necessary in the interests of justice, or that the accused persistently disturbs the proceedings in

Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his

attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent

stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate

considers his personal attendance necessary, he may, if he thinks fit and for reasons to be

recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be

taken up or tried separately.

318. Procedure where accused does not understand proceedings.

If the accused, though not of unsound mind, cannot be made to understand the proceedings, the

Court may proceed with the inquiry or trial; and in the case of a Court other than a High Court if

such proceedings result in a conviction, the proceedings shall be forwarded to the High Court

with a report of the circumstances of the case, and the High Court shall pass thereon such order

as it thinks fit.

319. Power to proceed against other persons appearing to be guilty of offence.

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence

that any person not being the accused has committed any offence for which such person could be

tried together with the accused, the Court may proceed against such person for the offence which

he appears to have committed.

(2) Where such person is not attending the Court he may be arrested or summoned, as the

circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court although not under arrest or upon a summons, may be

detained by such Court for the purpose of the inquiry into, or trial of, the offence which he

appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1) then—

(a) the proceedings in respect of such person shall be commenced afresh, and witnesses

re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had

been an accused person when the Court took cognizance of the offence upon which the

inquiry or trial was commenced.

Comments

In order to apply section 319 it is essential that the need to proceed against the person other than

the accused, appearing to be guilty of offence, arises only on evidence recorded in the courses of

any inquiry or trial; Bhola Rai v. State of Bihar, (1997) 3 Crimes 48 (Pat).

320. Compounding of offences.

(1) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in

the first two columns of the Table next following may be compounded by the persons mentioned

in the third column of that Table.

(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in

the first two columns of the table next following may, with the permission of the Court before

which any prosecution for such offence is pending, be compounded by the persons mentioned in

the third column of that table:—

(3) When any offence is compoundable under this section, the abetment of such offence or an

attempt to commit such offence (when such attempt is itself an offence) may be compounded in

like manner.

(4)(a) When the person who would otherwise be competent to compound an offence under this

section is under the age of eighteen years or is an idiot or a lunatic, any person competent to

contract on his behalf, may, with the permission of the Court compound such offence.

(b) When the person who would otherwise be competent to compound an offence under this

section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of

1908) of such person may, with the consent of the Court compound such offence.

(5) When the accused has been committed for trial or when he has been convicted and an appeal

is pending no composition for the offence shall be allowed without the leave of the Court to

which he is committed, or, as the case may be, before which the appeal is to be heard.

(6) A High Court or Court of Session acting in the exercise of its powers of revision under

section 401 may allow any person to compound any offence which such person is competent to

compound under this section.

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable

either to enhanced punishment or to a punishment of a different kind for such offence.

(8) The composition of an offence under this section shall have the effect of an acquittal of the

accused with whom the offence has been compounded.

(9) No offence shall be compounded except as provided by this section.

STATE AMENDMENT

Madhya Pradesh:

In the table below sub-section (2) of sec. 320 of the Principal Act,—

(i) in column first, second and third, before section 324 and entries relating thereto, the following

sections and entries relating thereto shall be inserted, namely:—

"(1) (2) (3)

Rioting 147 The person against whom the force or violence is used at the time of committing an

offence:

Provided that the accused is not charged with other offence which is not compoundable.

Rioting armed with deadly weapon 148 The person against whom the force or violence is used at

the time of committing an offence:

Provided that the accused is not charged with other offence which is not compoundable

Obscene acts or use of obscene words 294 The person against whom obscene acts were done or

obscene words were used.".

(ii) in column first, second and third, after section 500 and entries relating thereto, the following

section and entries relating thereto shall be inserted, namely:—

"(1) (2) (3)

Criminal intimidation if Part II of The person against whom the offence of threat to be cause

death section 506 Criminal Intimidation was committed."

or grievous hurt, etc.

[Vide Madhya Pradesh Act 17 of 1999 section 3 (w.e.f. 21-5-1999).

Comments

Section 320 Cr. P provides for compounding of certain offences with the permission of Court

and certain others even without permission of Court, the concept of negotiated settlement in

criminal cases is not permissible concept of `plea-bargaining' against public policy and under

criminal justice system; State of Uttar Pradesh v. Chandrika, AIR 2000 SC 164: 2000 Cr LJ 384

(SC).

321. Withdrawal from prosecution.

The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent

of the Court at any time before the judgment is pronounced, withdraw from the prosecution of

any person either generally or in respect of any one or more of the offences for which he is tried;

and upon such withdrawal,—

(a) If it is made before a charge has been framed, the accused shall be discharged in

respect of such offence or offences;

(b) if it is made after a charge has been framed, or when under this Code no charge is

required he shall be acquitted in respect of such offence or offences:

Provided that where such offence—

(i) was against any law relating to a matter to which the executive power of the

Union extends, or

(ii) was investigated by the Delhi Special Police Establishment under the Delhi

Special Police Establishment Act, 1946 (25 of 1946), or

(iii) involved the misappropriation or destruction of, or damage to, any property

belonging to the Central Government, or

(iv) was committed by a person in the service of the Central Government while

acting or purporting to act in the discharge of his official duty, and the prosecutor

in charge of the case has not been appointed by the Central

Government he shall not, unless he has been permitted by the Central

Government to do so, move the Court for its consent to withdraw from the

prosecution and the Court shall, before according consent, direct the Prosecutor to

produce before it the permission granted by the Central Government to withdraw

from the prosecution.

STATE AMENDMENT

Uttar Pradesh:

In section 321, after the words "in charge of a case may" the words "on the written permission of

the State Government to that effect (which shall be filed in Court)" shall be inserted.

[Vide U.P. Act 18 of 1991, sec. 3 (w.e.f. 16-2-1991).

Comments

A Court of session to which a case is committed for trial by Magistrate can, without itself

recording evidence summon a person not named in Police Report under section 173 Cr. P

(though named in F.I.R.) to stand trial along with those already named therein such power is

under section 193 of Cr. P and not under section 319; Kishun Singh v. State of Bihar, 1993 (1)

Crimes 494 (SC).

322. Procedure in cases which Magistrate cannot dispose of.

(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the

evidence appears to him to warrant a presumption—

(a) that he has no jurisdiction to try the case or commit it for trial, or

(b) that the case is one which should be tried or committed for trial by some other

Magistrate in the district, or

(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the

proceedings and submit the case, with a brief report explaining its nature to the Chief

Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial

Magistrate directs.

(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case

himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the

accused for trial.

323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should

be committed.

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of

the proceedings before signing judgment that the case is one which ought to be tried by the Court

of Session, he shall commit it to that Court under the provisions hereinbefore contained and

thereupon the provision of Chapter XVIII shall apply to the commitment so made.

324. Trial of persons previously convicted of offences against coinage, stamp law or

property.

(1) Where a person, having been convicted of an offence punishable under Chapter XII or

Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment for a term of three years

or upwards, is again accused of any offence punishable under either of those Chapters with

imprisonment for a term of three years or upwards, and the Magistrate before whom the case is

pending is satisfied that there is ground for presuming that such person has committed the

offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of

Session, unless the Magistrate is competent to try the case and is of opinion that he can himself

pass and adequate sentence if the accused is convicted.

(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court

of Session under sub-section (1) any other person accused jointly with him in the same inquiry or

trial shall be similarly sent or committed, unless the Magistrate discharges such other person

under section 239 or section 245, as the case may be.

325. Procedure when Magistrate can not pass sentence sufficiently severe.

(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the

accused, that the accused is guilty, and that he ought to receive a punishment different in kind

from, or more severe than, that which such Magistrate is empowered to inflict, or, being a

Magistrate of the second class, is of opinion that the accused ought to be required to execute a

bond under section 106, he may record the opinion and submit his proceedings, and forward the

accused, to the Chief Judicial Magistrate to whom he is subordinate.

(2) When more accused than one are being tried together, and the Magistrate

considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall

forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit,

examine the parties and recall and examine any witness who has already given evidence in the

case and may call for and take any further evidence, and shall pass such judgment, sentence or

order in the case as he thinks fit, and as is according to law.

326. Conviction or commitment on evidence partly recorded by one Magistrate and partly

by another.

(1) Whenever any Judge or Magistrate after having heard and recorded the whole or any part of

the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by

another Judge or Magistrate who has and who exercises such jurisdiction, the Judge of

Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly

recorded by his predecessor and partly recorded by himself:

Provided that if the succeeding Judge or Magistrate is of opinion that further examination

of any of the witness whose evidence has already been recorded is necessary in the interests of

justice, he may re-summon any such witness, and after such further examination, crossexamination

and re-examination, if any, as he may permit, the witness shall be discharged.

(2) When a case is transferred under the provisions of this Code from one Judge to another Judge

or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise

jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).

(3) Nothing in this section applies to summary trials or to cases in which proceedings have been

stayed under section 322 or in which proceedings have been submitted to a superior Magistrate

under section 325.

STATE AMENDMENTS

Rajasthan:

In section 326,—

(a) in sub-section (1), for the word "Magistrate" wherever it occurs, the words" Judge or

Magistrate" shall be substituted;

(b) in sub-section (2), before the words "from one Magistrate to another Magistrate" the words

"from one Judge to another Judge or" shall be inserted.

[Vide Rajasthan Act 10 of 1977, sec. 3 (w.e.f. 3-3-1977).

Uttar Pradesh:

In section 326,—

(a) in sub-section (1), for the words " Magistrate," wherever occurring the words "Judge or

Magistrate" shall be substituted;

(b) in sub-section (2), before the words "from one Magistrate to another Magistrate", the words

"from one Judge to another Judge or" shall be inserted.

[Vide U.P. Act No. 16 of 1976, sec. 8 (w.e.f. 28-11-1975).

327. Court to be open.

(1) The place in which any criminal Court is held for the purpose of inquiring into or trying any

offence shall be deemed to be an open Court to which the public generally may have access, so

far as the same can conveniently contain them:

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any

inquiry into, or trial of, any particular case, that the public generally, or any particular person,

shall not have access to, or be or remain in, the room building used by the Court.

(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an

offence under section 376, section 376A, section 376 B, section

376C or section 376D of the Indian Penal Code (45 of 1860) shall be conducted in camera:

Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the

parties, allow any particular person to have access to, or be or remain in, the room or building

used by the Court.

(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to

print or publish any matter in relation to any such proceedings, except with the previous

permission of the Court.