712 CODE OF CRIMINAL PROCEDURE. CHAP.XXXII. imprisonment in the civil jail for a period not exceeding one month, unless such fine be sooner paid. In every such case the Court shall record the facts constituting the offence, with any statement the offender may make, as well as the finding and sentence. If the offence is under section two hundred and twentyeight of the Indian Penal Code, the record must show the nature and stage of the judicial proceeding in which such public servant was sitting, and the nature of the interruption or insult offered. Is committed in view or presence of.-Where in punishment for contempt of Court the procedure sanctioned by this section is followed, the Court must sit as the Court before which the offence was committed, and not in any other capacity. (On the same day), and is bound to take cognizance of the contempt on the day on which it was committed. In a case not dealt with in the summary manner herein laid down, the offender must be tried by an officer other than the person before whom the offence was committed. R. vs. Chunder Sukar Roy, 12 W. R. 18. Held, that refusing or neglecting to return direct answers to questions does not constitute the offence, under Section 228 I. P. C., of intentionally offering insult or causing interruption to a public servant sitting in a judicial proceeding. R. vs. Pander-bin-bit-hoji. 4 Bo. H. C. R. 7. Imprisonment only in default of payment. accused should be im prisoned, or fined more than 200 rupees. 436. If the Court, in any case, considers that a person, Procedure where accused of any such offence, should be Court considers that imprisoned otherwise than in such default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, such Court, after recording the facts constituting the offence, and the statement of the accused person as before provided, shall forward the case to a Magistrate, or, if the accused person be a European British subject, to a Magistrate of the first class who is a Justice of the Peace, and a European British subject; and shall cause bail to be taken for the appearance of such accused person before such Magistrate, or, if sufficient bail be not tendered, shall CHAP. XXXII. Secs. 436-437.. CODE OF CRIMINAL PROCEDURE. 713 cause such person to be forwarded under custody to such Magistrate. If the case be forwarded to a Magistrate, he shall proceed to try the accused person in the manner provided by this Act for trials before a Magistrate; and such Magistrate may adjudge the offender to punishment, as provided in the section of the Indian Penal Code under which he is charged. If, in the case of a European British subject, the Magistrate to whom he is forwarded considers the offence to require a more severe punishment than he is competent to award under Chapter VII of this Act, he may commit the offender to the Sessions Court. Offence. The word offence has been substituted for contempt, and the Session Court substituted for Supreme Court of Judicature both in this section and Section 438 post. In no case tried under this section shall any Magistrate adjudge imprisonment or a fine exceeding 200 rupees for any comtempt committed in his own presence against his own Court. Shall cause bail to be taken.-In a case of contempt, the Court before which the offence is committed is bound under this section to accept bail, if sufficient bail is tendered. A contempt of Court is promptly punishable on the motion of the Court in which it had occurred, where a Magistrate to whom the case had been committed refused to act, and the Court referring the case took no further notice.-Held, that another Civil Court in which the contempt did not occur could not subsequently, on the action of some general inquiry, recommend the revival of that specific case of contempt. In re Mohaish Chunder Rai. H. C. C, III W. R., p. 11, c. 4. 437. When any Court has adjudged an offender to Discharge of offend punishment, or forwarded him to a Magis er on submission or trate for trial for refusing or omitting to do anything which he was lawfully required to do, or for any intentional insult or interruption, the apology. Secs. 437-438. Court may discharge the offender, or remit the punishment, on his submission to the order or requisition of such Court, or on apology being made to its satisfaction. For refusing or omitting to do.-Court can punish any person summarily for committing in its presence the following contempts:— (1) Intentionally omitting to produce a document; (2) refusing to be sworn; (3) refusing to answer questions on examination; (4) refusing to sign a statement when bound to do so; (5) intentionally insulting or interrupting the Court.-3, W. R., Cr. R., p. 21. Procedure when 438. When any such offence as is described in Chapter X of the Indian Penal Code, except Secoffender is a European tions 175, 178, 179, 182, and 228, is comBritish subject. mitted in contempt of any Civil, Criminal, or Revenue Court by a European British subject, such offence shall be cognizable only by a Magistrate of the first class who is a Justice of the Peace and a European British subject, and such Magistrate may deal with the offender on conviction in the same manner as is provided in that behalf in Section 74. If such Magistrate considers the offence to require a more severe punishment than he is competent to award under the said section, he may commit the offender to the Session Court. PART X. CHARGE, JUDGMENT, AND SENTENCE. CHAPTER XXXIII. This chapter, which deals with the system of criminal pleading, was drawn up by Mr. Stephens himself, with the view of making as clear and plain as possible a matter which in England has given rise to an inordinate amount of quibbling and chicanery. Mr. Stephens, in his speech introducing the report of the select committee on the C. C. P. Bill, says CHAP. XXXIII. CODE OF CRIMINAL PROCEDURE. 715 he is "peculiarly responsible for the provisions of this chapter, and that, "under these sections the worst that can happen is that the Court may think that the prisoner has been misled, and that he ought to have a new trial. This chapter contains the spirit of the provisions of Chapter XIII, Act XXV of 1861, and has been so fully illustrated by the framer thereof, and so carefully remodelled as to supersede a large number of cases whichhave been decided on with reference to the wording of these sections as they originally stood. Charge to state offence. OF THE CHARGE. FORM OF CHARGES. 439. The charge shall state the offence with which the accused person is charged. If the law which creates the offence gives it any specific Specific name of name, the offence may be described in the sufficient charge by that name only. offence, statement. If the law which creates the offence does not give it any How stated where specific name, so much of the definition of offence has no specific the offence must be stated as to give the prisoner notice of the matter with which name. he is charged. The Act and section or sections of the Act against which the offence is said to have been committed must be referred to in the charge. The fact that the charge is made shall be equivalent to a What implied in statement that every legal condition, necessary by law to constitute the offence charged, was fulfilled in the particular charges. case. The charge may be written either in English or in the Language of charge. language of the district. If not written in a language understood by the prisoner, it must be read to him in a language which he understands. If the accused person has been previously convicted of Secs. 439-441. Previous conviction any offence, and if it is intended to prove to be set out in charge. such previous conviction for the purpose of affecting the punishment which is to be awarded, the fact of the previous conviction must be stated in the charge. If it is omitted, it may be added at any time before sentence is passed, but not afterwards. Illustrations. (a). A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in Sections 299 and 300 of the Indian Penal Code; that it did not fall within any of the general exceptions of the Penal Code; and that it did not fall within any of the five exceptions to Section 300; or that, if it did fall within Section 1, one or other of the three provisos to that exception applied to it. (b). A is charged under Section 326 of the Indian Penal Code with voluntarily causing grievous hurt to B, by means of an instrument for shooting: this is equivalent to a statement that the case was not provided for by Section 335 of the Indian Penal Code, and that the general exceptions did not apply to it. (c). A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false propertymark, without reference to the definitions of those crimes contained in the Indian Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to on the charge. (d). A is charged under Section 184 of the Indian Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. Particulars as to 440. The charge shall contain such particulars as to the time and place of the alleged offence, time, place and person. and the person against whom it was committed as are reasonably sufficient to give notice to the person accused of the matter with which he is charged. 441. When the nature of the case is such that the par |