CHAP. XVII. Secs. 219-221. CODE OF CRIMINAL PROCEDURE. 587 219. The Magistrate shall, subject to the provisions of Evidence for Section 362, summon any witness and examine any evidence that may be offered defence. the in behalf of the accused person, 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. Acquittal. 220. 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. Conviction. 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 1 to Section 216. Records of a previous conviction should be put in as evidence after conviction and before sentence. W. R. C. R., 38. The law of England does not allow general character to be adduced, in the first instance, in evidence as a criminative circumstance. It requires facts of a more proximate nature, among the foremost of which are motives, means, and opportunities, on the part of the accused to commit the offence charged; nevertheless, in all cases where the direct object of the proceedings is to punish the offence, such as indictments for treason, felony, or misdemeanors, and is not merely for the recovery of a penalty, the character of the accused may be put in issue, and it is competent for the accused to defend himself by proof of previous good character, reference being had to the nature of the charge against him. If the accused sets up his character as an answer to the charge against him, he puts it in issue, and the prosecutor may encounter his evidence either by cross-examination or contrary testimony. (2 Stark, E., 304, 3rd Ed.) But as it is not competent for the prisoner to show particular acts of good conduct, the prosecutor cannot go into particular cases of misconduct; an exception to this rule has been established by 6 and 7 Will. IV, c. III. Best L. and F., pp. 213, 216. 221. In any trial before a Magistrate, in which it may How the Magistrate is to proceed when, of trial, he finds the after commencement case beyond his jurisdiction. 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. 222. CHAPTER XVIII. OF SUMMARY TRIALS. The Magistrate of the District may try the followWhat offences may ing offences in a summary way, and, on conviction of the offender, may pass such sentence as may be lawfully inflicted under be tried summarily. 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 (4). Theft under Section 379 of the Indian Penal Secs. 222-224. (5). Theft under Section 380 of the Indian Penal Code, where the value of property stolen does not exceed fifty rupees. (6). Theft under Section 381 of the Indian Penal Code, where the value of property stolen does not exceed fifty rupees. (7). Receiving stolen property under Section 411 of the Indian Penal Code. (8). Mischief under Section 427 of the Indian Penal (9). House-trespass under Section 448 of the Indian (10). Criminal intimidation under Sections 505 and 506 of the Indian Penal Code. (11). Abetment of or attempt to commit (when such an attempt is an offence) any of the foregoing offences. This Chapter contains a most important innovation. It empowers certain Magistrates, under certain circumstances to try certain common and simple offences in a summary way. The procedure herein laid down is substantially the procedure now followed by the English Courts of Petty Sessions, and by the Police Magistrates in the Presidency towns; and in his speech on the passing of the present Act, the Lieutenant Governor of Bengal said: "they hoped that in this way they might hit that happy medium in which there should be a record sufficient for the purposes of justice, and not so long as to overburthen our officers in keeping it." 223. The Local Government may invest any Magistrate invest of the first class with power to try sumMagistrates with power marily all or any of the offences mentioned to try summarily. Power to 224. Power to in Section 222. The Local Government may invest any Bench of invest Magistrates invested with the powers of a Bench of Magistrates Magistrate of the first class, with power to try summarily all or any of the offences invested with first class magisterial powers. mentioned in Section 222. Power to Secs. 225-227. 225. The Local Government may invest any Bench of invest Magistrates invested with the powers of Bench of Magistrates a Magistrate of the second or third class with power to try summarily all or any of invested with less power. the following offences: Offences coming within Sections 277, 278, 279, 285, 286, 289, 290, 292, 293, 294, 323, 334, 336, 341, 352, 426 and 447 of the Indian Penal Code; any offences against Mu nicipal Acts, and the Conservancy Clauses of Police Acts, punishable with fine or with imprisonment not exceeding one month. Procedure for sum 226. In trials under this chapter the provisions of this Code in regard to summons cases shall be mons and warrant followed in respect of summons cases, and the procedure for warrant cases in respect of warrant cases, with the exceptions cases applicable with certain exceptions. hereinafter provided. Record in cases 227. In cases where no appeal lies, the Magistrate or bench of Magistrates, need not record the where there is no ap- evidence of the witnesses nor the reasons peal. 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; (d.) 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; CHAP. XVIII. CODE OF CRIMINAL PROCEDURE. 591 (i.) The sentence; and (j) The date on which the proceedings terminated. 228. If a Magistrate or Bench of Magistrates acting Record in appeal under Section 222, 223 or 224 passes a sentence of more than three months imprisonment, or of fine exceeding 200 able cases. 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. 229. Records made under Section 227 and judgments Language of judgment. 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. Bench of Magistrates employ Clerk. 230. The Local Government may authorize any Bench of Magistrates empowered to try offences may be empowered to summarily to 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. |