Sec. 292.

CHAPTER XXII.

The provisions of this chapter were contained in the old law in Chapter XXIX, Sections 405 and 406, and Chapter XXXI, sections 434, 435, 443.

SUPERINTENDENCE AND REVISION.

292. The High Court may make and issue general rules :

Power of High Court

to make rules.

For keeping all books, entries, and ac ccounts to be kept in all Criminal Courts

subordinate to it, and

For the preparation and transmission of any calendars or statements to be prepared and submitted by such Courts:

And may also frame forms (when not prescribed by this Act) for every proceeding in the said Court for which it thinks that a form should be provided:

And from time to time may alter any such rule or form : And, with the concurrence of the local Government, may make and issue general rules for regulating the practice. and proceedings of all Criminal Courts subordinate to it, and, with the like sanction, may alter any such rule:

And a High Court not established by Royal Charter may with the concurrence of the local Government, make and issue rules for regulating the practice and proceedings of that Court, and, with the like sanction, may alter any such rule:

Provided that such rules and forms be not inconsistent with the provisions of this Act, or of any other law in force for the time being.

All rules framed by the Court and all repeals and altera

Secs. 292-295.

tions therefore under this section, shall be published in the official Gazette.

Calendars of trials by Subordinate Courts.

293. All Subordinate Courts shall send to the High Court such periodical statements or calendars of trials held by such Courts as the High Court prescribes, exhibiting the offences charged, the offences of which the accused persons are convicted, and the sentences or orders passed upon them.

Courts.

294. The High Court may call for and examine the Power to call for record of any case tried by any Subordirecords of Subordinate nate Court for the purpose of satisfying itself as to the legality or propriety of any sentence or order passed, and as to the regularity of the proceedings of such Court.

Powers of Court of Session and Magis of Subordinate Courts.

trate to call for record

295. Any Court of Session or Magistrate of the District may, at all times, call for and examine the record of any Court subordinate to such Court or Magistrate, for the purpose of satisfying itself or himself as to the legality of any sentence or order passed, and as to the regularity of the proceedings of such Subordinate Court.

For the purposes of this Section, every Magistrate in a Sessions Division shall be deemed to be subordinate to the Sessions Judge of the Division.

All magisterial officers in a district, except the Magistrate of the District, are subordinate to the Magistrate of the District, whatever their judicial powers may be.

At all times call for, &c.-This Section enacts that it shall be lawful to a Court of Session and for a Magistrate to call for and examine the record of any Court subordinate to such Court or Magistrate, for the purpose of satisfying themselves as to the legality of any sentence or order passed, and as to the regularity of the proceedings of such subordinate Court. If the sentence or order is, in the opinion of the Sessions Court or Magistrate, contrary to law, the proceedings are to be referred

Secs. 295-296..

to the High Court. The Magistrate of a District may be said to hold two different positions in relation to a Subordinate Magistrate with full powers-one in respect of cases to be tried, and another in respect of such as have been tried. Before a case is tried, the Magistrate of the District may call for the case and try it himself; and so far an officer exercising the full powers of a Magistrate is subordinate to the Magistrate of the District, in that he cannot refuse to send the case on the requisition of the latter. But in instances in which the case has been tried and disposed of, the Magistrate of the District has no further authority. But the Sessions Judge is the proper officer to whom representations should be made, and he it is who should enquire into and pronounce an opinion on the proceedings. Letter No. 504, 1864, para. 114, p. 49, Vol. III, R. J. P. J.

Report to High Court.

296. If the Court of Session or Magistrate of the District is of opinion that the judgment or order is contrary to law, or that the punishment is too severe, or is inadequate, such Court or Magistrate may report the proceedings for the orders of the High Court:

Provided that in Session cases if a Court of Session or Magistrate of the District considers that a complaint has been improperly dismissed, or that an accused person has been improperly discharged, by a Subordinate Court, such Court or Magistrate may direct the accused person to be committed for trial.

This section contains some of the provisions of sections 434 and 435, Act XXV of 1861, as amended by Act VIII of 1869. By section 4, Act VIII of 1869, the following changes were made in the law. The Court of Session could formerly only order the commitment of an accused person discharged by a Magistrate, if he were charged with an offence triable by the Court of Sessions only.

The words "too severe or is inadequate" have been added to the Code by the present Act X of 1872.

A Magistrate of a district has power under this section, 296, of dealing with cases triable by a Court of Session, or by a Magistrate of the district. in which an accused has been discharged by any Magistrate, and in cases in which a case has been dismissed improperly, and a Magistrate of the district can further direct that the accused be committed for trial.

-Secs. 296-297.

May Report the Proceedings.-It having been brought to the notice of the Court that the practice varies as regards the transmission to the H. C. of applications made to the Magistrate under this section, some Magistrates sending up such cases direct to the Court, and others through the S. J., it appears desirable that the practice should be made uniform. And as the law does not seem to authorize any control or expression of opinion on the part of the S. J., the Court does not see that any good purpose is served by transmitting the papers through him. H. C. Calcutta, Circular No. 4, 21st May, 1869, Cr. C. O. XI., W. R., p. 5.

The mere non service personally of a notice to remove a nuisance is not a sufficient ground for the Court under this section to set aside the Magistrate's order, when it appears that the parties did not take objection before the Magistrate, and that they in fact admitted knowledge of the existence of the notice, and sought to excuse their failure to obey it.— Hochan vs. Elliott, Cr. R. V., W. R., p. 4.

297. If, in Powers of revision.

any case either called for by itself or reported for orders, or which comes to its knowledge, it appears to the High Court that there has been a material error in any judicial proceeding of any Court subordinate to it, it shall pass such judgment, sentence, or order thereon as it thinks fit.

If it considers that an accused person has been improorder perly discharged, it may order him to be tried, or to be committed for trial;

Power to commitment.

If it considers that the charge has been inconveniently Power to alter find framed, and that the facts of the case show ing and sentence. that the prisoner ought to have been convicted of an offence other than that of which he was convicted, it shall pass sentence for the offence of which he ought to have been convicted;

Provided that if the error in the charge appears mateProviso to power of rially to have misled and prejudiced the altering finding. accused person in his defence, the High Court shall annul the conviction and remand the case to the Court below with an amended charge, and the Court below shall thereupon proceed as if it had itself amended that charge.

Secs. 297-298..

If the High Court considers that any person convicted Power to annul con- by a Magistrate has committed an offence not triable by such Magistrate, it may annul the trial and order a new trial

viction.

before a competent Court.

proper and to pass

proper sentence.

If it considers that the sentence passed on the accused Power to annul im- person is one which cannot legally be passed for the offence of which the accused person has been convicted, or might have been legally convicted upon the facts of the case, it shall annul such sentence and pass a sentence in accordance with law.

If it considers that the sentence passed is too severe, it may pass any lesser sentence warranted by law; if it considers that the sentence is inadequate, it may pass a proper

sentence.

Suspension of sen

tence.

The High Court may, whenever it thinks fit, order that the sentence in any case coming before it as a Court of Revision, be suspended; and that any person imprisoned under such sentence be released on bail, if the offence for which such person has been imprisoned be bailable.

Except as provided in Sections 328 and 398, no Court, Powers of revision other than the High Court, shall alter any to High sentence or order of any Subordinate Court except upon appeal by the parties

confined Court.

concerned.

No person has any right to be heard before any High Optional with Court Court, in the exercise of its powers of revision, either personally or by agent,

to hear cases.

but the High Court may, if it thinks fit,

hear such person either personally or by agent.

298. The High Court, the Court of Session or the