inquiry. CHAP. XXII, -Secs. 298-300. Courts may order Magistrate of the District may order any subordinate Court to inquire into any complaint which has been dismissed under, Section 147. Order on revision to Court or District 299. Whenever a case is revised by the High Court under this chapter, it shall certify its decibe certified to lower sion or order to the Court in which the conviction was had or by which the order was passed; or if the conviction or order was passed by a Magistrate other than the Magistrate of the District, to the Magistrate of the District. Magistrate. The Court or Magistrate to which the High Court certifies its order shall thereupon make such orders as are conformable to the decision of the High Court, and, if necessary, the record shall be amended in accordance therewith: In cases revised by the High Court under this chapter, the High Court shall not alter or reverse the sentence or order of the Court below, except as herein provided, nor shall it reverse or set aside the verdict of a jury, unless it is of opinion that the Jury was misdirected by the Judge. In that case it may set aside the verdict aud direct a new trial, if it think fit to do so. The power given to the High Court of setting aside the verdict of a Jury and ordering a new trial is now given for the first time, and is similar in principle to the procedure followed in English Courts, where the Court will grant a new trial when they are satisfied that the verdict is in contravention of law, whether the error has arisen from the misdirection of the Judge, or from a misapprehension of the law by the Jury, or from a desire on their part to take the exposition of the law into their own hands. This section must be read with Section 276 ante, see notes under that section. The chance of having to try a long and heavy case twice will probably enable Judges to carefully study their charges to the Jury. Provisions of Section 283 to apply. chapter. 300. The provisions of Section 283 shall apply to revision orders under this Secs. 301-302. PART VII. EXECUTION. CHAPTER XXIII. The provisions of Sections 44 to 48, and 50 to 54 Section 61, Sections 222, 223, 383 to 385, and Section 433, Act XXV of 1861, as amended by Act VIII of 1869. Section 13, Clause 2 of Bombay Regulation XIV of 1827, and Sections 10, 11, and 12 of Act VI of 1864 have been brought together and placed in this Chapter XXIII under the head of Execution and Section 315 of the present Act has been added as a new section to the C. C. P. Procedure in cases for confirmation. 301. In cases referred by the Court of Session for the confirmation of a sentence of death by referred to High Court the High Court, the proper officer of the High Court shall without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order under the seal of the High Court, and attested with his official signature, to the Court of Session. Such Court shall, if the sentence be confirmed or commuted, issue a warrant to the officer in charge of the jail in which the prisoner is confined, to cause the sentence or order to be carried into execution; or, in the case of any other orders, shall cause such orders to be carried into effect. 302. In cases tried by the Court of Session, the Court Court of Session to shall forward a copy of its finding and sentence to the Magistrate of the District in which the trial was held. send copy of finding and sentence to District Magistrate. If the accused person is sentenced to transportation, imprisonment or whipping, the Court shall forthwith forward him, with a warrant for Warrant of execution. Secs. 302-304. the execution of the sentence, to the officer in charge of the jail of the district in which the trial was held. The warrant shall state the offence of which the accused person has been convicted and the period during which he is to be transported or imprisoned and the nature of the imprisonment or other punishment. In cases tried by any Court inferior to a Court of SesProcedure after sen- sion, the Court passing the sentence shall tence passed by Court forthwith forward the accused person, with a similar warrant for the execution of the sentence, to the officer in charge of the inferior to Court. Session jail of the district in which the trial was held. The three last paragraphs of this section were added to the Code by Act VIII of 1869, the only alteration made to the provisions of this section by the present enactment, is the addition of the words transportation and whipping in the body of this section. ment. 303. Every warrant for the commitment of a person to Form and direction Custody shall be in writing and signed and of warrant of commit- sealed by the Judge or Magistrate who issues it, and shall be directed to some jailor or other Officer or person having authority to receive and keep prisoners, and shall be in the Form (C or D as the case may be) given in the second schedule to this Act or to the like effect. When a warrant contains a wrong date, fixing the time from which commitment under it runs, it may be amended, as the amendment refers only to the time from which the sentence shall commence, and not to the sentence itself.-W. R., Cr. L., No. 679, 1865. 304. The warrant of commitment shall be lodged with the jailor, if he be in the jail; and if he be not in the jail, with his deputy. Warrant with whom to be lodged. If the jailor has no deputy, the warrant may be lodged with any officer of the jail then being in the jail. VII. CHAP. XXII. . 305-307 Execution of sen 301 or 302. 305. Upon the receipt of a warrant under Section 301 or 302, the officer in charge of the jail tence under Section shall cause the sentence to be executed, and shall return the warrant, when the sentence has been fully executed, to the Court from which it issued, with an endorsement under his signature, certifying the manner in which the sentence has been executed. 306. If a woman sentenced to death be found to be of pregnant, the High Court shall order the on execution of the sentence to be postponed, and may commute the sentence. Postponement capital sentence pregnant women. This Section is taken from the Provision of Bom. Reg. XIV. of 1827, Section 13, Clause 2. 307. Whenever an offender is sentenced to pay a fine, the Court, which sentences him, may issue Levy of fine. a warrant for the levy of the amount by distress and sale of any moveable property belonging to the offender, whether or not the offence be punishable with fine only, and whether or not the sentence direct that, in default of payment of the fine, the offender shall suffer imprisonment. Such warrant may be executed within the jurisdiction of the Court that issued it, and it shall authorise the distress and sale of any moveable property belonging to the offender without the jurisdiction of the said Court, when endorsed by the Magistrate of the District in which such property is situated. Section to cases applicable. This section shall not apply to cases in which any special what procedure is laid down by any special or local law, in force for the time being, for the recovery of any fine, but shall apply to cases in which no such procedure is laid down, and to all fines not levied when this Act comes into force, but which might have been Sec. 307. levied under this section if it had been in force when they were imposed. The warrant Who may issue war, warrant. may be issued either by the Judge or Moveable Property, &c.-Under this Section the moveable property of an offender can be distrained and sold wherever it may be found, provided that the warrant be endorsed by the Magistrate of the District in which it is situated. Formerly under Act XXV of 1861, only property within the District in which the prisoner was sentenced could be so distrained and sold; the provisions of the present section were first introduced by Act VIII of 1869. The limitation within which realization of fines, under Section 61, Act XXV of 1861, was imposed was obviously a great bar to realizing fines at all. A man had simply to remove his property out of jurisdiction in which he was tried into the next district and it could not be touched. Moveable property outside the jurisdiction of the Court is only liable if the Magistrate in whose jurisdiction it lies will endorse the warrant. There is no apparent reason why if fine cannot be realized from moveable property the offender's immoveable property should not be made liable. On a reference as to whether the restriction for the recovery of fines to movable property applied only during the lifetime of the offender, and whether the fine could after his death be recovered under Section 70, P. C., from his immoveable property, the Court was of opinion that the law had only provided for the distress and sale of moveable property, and that there was no way in which immoveable property could be made liable. Reg. vs. Lalla Wákwár, Bo. H. C. R., vol. V, part II, p. 63. Criminal Courts are empowered by this section, in certain cases, to issue a warrant "for the levy of the amount by distress and sale" of any moveable property belonging to the offender. This warrant should be directed to a Police Officer, and the authority issuing it, following the analogy of English law in said cases, should set a time for sale and return of the warrant. If no one claims property distrained, the Police have power of selling it within the time that should be specified in the warrant, without any previous reference to a Magistrate. If a claimant comes forward, their ownership of property distrained must be determined by Magistrate. If at any time subsequent to the return of the warrant, and within the period of six years from passing of the sentence, the fine or any part thereof remains unpaid (Section 70, P. C.), and Magistrate, from information gained in any way, has reason to think that any moveable property belonging to offender is within his jurisdiction, he should issue a fresh warrant for the attachment and sale of the property within a H 1 |