Code of Criminal Procedure, 1898 PAKISTAN , SECTION 251 TO 366

Code of Criminal Procedure, 1898 PAKISTAN ,

SECTION 251 TO 366

CHAPTER XXI - OF THE TRIAL OF WARRANT-CASES BY MAGISTRATES

251-259. [Omitted by Law Reforms Ordinance, 1972, item 99].

CHAPTER XXII - OF SUMMARY TRIALS

260. Power to try summarily. (1) Notwithstanding anything contained in this Code:

(a) x x x x x x

(b) any Magistrate of the first class specially empowered in this behalf by the Provincial Government, and

(c) any Bench of Magistrate invested with the powers of a Magistrate of the first class and especially

empowered in this behalf by the Provincial Government. may, if he or they think fit, try in a summary way

all or any of the following offence:

(a) offences not punishable with death, transportation or imprisonment for term exceeding six months;

(b) offences relating to weights and measures under sections 264, 265 and 266 of the Pakistan Penal Code;

(c) hurt, under section 323 of the same Code;

(d) theft under sections 379, 380 or 381 of the same Code, where the value of the property stolen does not

exceed [two thousand five hundred rupees]

(e) dishonest misappropriation of property under section 403 of the same Code, where the value of the

property misappropriated does not exceed [two thousand five hundred rupees]

(f) receiving or retaining stolen property under section 411 of the same Code, where the value of such

property does not exceed [two thousand five hundred rupees]

(g) assisting in the concealment or disposal of stolen property under S. 414 of the same code, where the

value of such property does not exceed [two thousand and five hundred rupees]

(h) mischief, under section 427, of the same Code;

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(i) house-trespass, under section 448, and offences under sections 451, 453, 454, 456 and 457 of the same

Code.

(j) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under

section 506, of the same Code:

(jj) offence of personating at an election under section 171 F of the same Code;

(k) abetment of any of the forgoing offences;

(l) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(m) offences under section 20 of the Cattle-trespass Act 1871:

[ x x x x x ]

(2) When in the course of a summary trial it appears to the Magistrate or Bench that the case is one which

is of a character which renders it undesirable that ft should be tried summarily, the Magistrate or Bench

shall recall any witnesses who may have been examined and proceed to-near the case in manner provided

by this Code.

261. Power to invest Bench of Magistrates invested with less power. The Provincial Government may

[on the recommendation of the High Court] confer on any Bench of Magistrate invested with the powers of

a Magistrate of the second or third class power to try summarily all or any of the following offences:

(a) offences against the Pakistan Penal Code, sections 277, 278, 279, 285, 286, 289, 290, 292, 293, 294,

323, 330, 336,341, 352, 426. 447, and 504;

(6) offences against Municipal Acts, and the conservancy clauses of Police Acts which are punishable only

with fine or with imprisonment for a term not exceeding one month with or without fine:

(c) abetment of any of the foregoing offences:

(d) an attempt to commit any of the foregoing offences, when such attempt is an offence.

262. Procedure [prescribed in Chapter XX] applicable. [(1) In trials under this Chapter, the procedure

prescribed in Chapter XX shall be followed except as hereinafter mentioned.]

(2) Limit of imprisonment. No sentence of Imprisonment for a term exceeding three months shall be

passed in the case of any conviction under this Chapter.

263. Record in cases where there is no appeal. In cases where no appeal lies, the Magistrate or Bench of

Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall

enter in such form as the Provincial Government may direct the following particulars:

(a) the serial number,

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

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(d) the name of the complainant (if any);

(e) the name. parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (d), clause

(e) clause (f) or clause (g) of sub-section (1) of section 260 the value of the property in respect of which the

offence has been committed.

(g) the plea of the accused an his examination (if any),

(h) the finding, and, in the case of a conviction, a brief statement of the reason therefore,

(i) the sentence or other final order, and

(j) the date on which the proceedings terminated.

[264. Record in appealable cases. In every case tried summarily by a Magistrate or Bench in which an

appeal lies, such Magistrate or Bench shall record the substance of the evidence and also the particulars

mentioned in section 263 and shall, before passing any sentence, record a judgment in the case.]

265. Language of record and judgment. (1) Record made under section 263 and judgments recorded

under section 264 shall be written by the presiding officer, either in English or in the language of the Court,

or, if the Court to which such presiding officer is immediately subordinate so directs, in such officer's

mother-tongue.

(2) Bench may be authorized to employ clerk. The Provincial Government may authorize any Bench of

Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of

an officer appointed in this behalf by the Court to which such Bench is immediately subordinate, and the

record or judgment so prepared shall be signed by each member of such Bench present taking part in the

proceedings.

(3) If no such authorization be given, the record prepared by a member of the Bench and signed as

aforesaid shall be the proper record.

(4) If the Bench differ in opinion, any dissentient member may write a separate judgment.

CHAPTER XXII-A - TRIALS BEFORE HIGH COURTS AND COURTS OF SESSION

[265-A. Trial before Court of Session to be conducted by Public Prosecutor. In every trial before a

Court of Session, initiated upon a police report, the prosecution shall be conducted by Public Prosecutor.

265-B. Procedure in cases triable by High Courts and Courts of Session. The following procedure shall

be observed by the High Courts and the Courts of Session in the trial of cases triable by the said Courts.

265-C. Supply of statements and documents to accused. (1) In all cases instituted upon police report,

copies of the following documents shall be supplied free of cost to the accused not later than seven days

before the commencement of the trial, namely:

(a) the first information report;

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(b) the police report;

(c) the statements of all witnesses recorded under sections 161 and 164, and

(d) the inspection note recorded by an investigating officer on his first visit to the place of occurrence and

the note recorded by him on recoveries made, if any:

Provided that, if any part of a statement recorded under section 161 or section 164 is such that its

disclosure to the accused would be inexpedient in the public interest, such part of the statement shall be

excluded from the copy of the statement furnished to the accused.

(2) In all cases instituted upon a complaint in writing:

(a) the complainant shall;

(i) state in the petition of complaint the substance of the accusation, the names of his witnesses and the gist

of evidence which he is likely to adduce at the trial, and

(ii) within three days of the orders of the Court under Section 204 for issue of process to the accused, file

in the Court for supply to the accused, as many copies of the complaint and any other document which he

has filed with his complaint as the number of the accused; and

(b) copies of the complaint and any other documents which the complainant has filed therewith and the

statements under section 200 or section 202 shall be supplied free of cost to the accused not later than

seven days before the commencement of the trial.

265-D. When charge is to be framed. If, after perusing the police report or, as the case may be, the

complaint, and all other documents and statements filed by the prosecution, the Court is of opinion that

there is ground for proceeding with the trial of the accused it shall frame in writing a charge against the

accused.

265-E. Plea. (1) The charge shall be read and explained to the accused, and he shall be asked whether he is

guilty or has any defence to make.

(2) If the accused pleads guilty the Court shall record the plea, and may in its discretion convict him

thereon.

265-F. Evidence for prosecution.(l) If the accused does not plead guilty or the Court in its discretion does

not convict him on his plea, the Court shall proceed to hear the complainant (if any) and take all such

evidence as may be produced in support of the prosecution:

Provided that the Court shall not be bound to hear any person as complainant in any case in which the

complaint has been made by a Court.

(2) The Court shall ascertain from the public prosecutor or, as the case may be, form the complainant, the

names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for

the prosecution, and shall summon such persons to give evidence before it.

(3) The Court may refuse to summon any such witness, if it is of opinion that such witness is being called

for the purpose of vexation or delay or defeating the ends of justice. Such ground shall be recorded by the

Court in writing.

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(4) When the examination of the witnesses for the prosecution and the examination (if any) of the accused

are concluded, the accused shall be asked whether he means to adduce evidence.

(5) If the accused puts in any written statement, the Court shall file it with the record.

(6) If the accused, or any one of several accused, says that he means to adduce evidence, the Court shall

call on the accused to enter on his defence and produce his evidence.

(7) If the accused or any one or several accused, after entering on his defence, applies to the Court to issue

any process for compelling the attendance of any witness for examination or the production of any

document or other thing, the Court shall issue such process unless it considers that the application is made

for the purpose of vexation or delay or defeating the ends of justice such ground shall be recorded by the

Court in writing.

265-G. Summing up by prosecutor and defence. (1) In case where the accused, or any one of several

accused, does not adduce evidence in his defence, the Court shall on the close of the prosecution case and

examination (if any) of the accused call upon the prosecutor to sum up his case whereafter the accused

shall make a reply.

(2) In cases where the accused, or any one of the several accused examines evidence in his defence, the

Court shall, on the close of the defence case, call upon the accused to sum up the case whereafter the

prosecutor shall make a reply.

265-H. Acquittal or conviction. (1) If in any case under this Chapter in which a charge has been framed

the Courts finds the accused not guilty, it shall record an order of acquittal.

(2) If in any case under this Chapter the Court finds the accused guilty the Court shall, subject to the

provisions of Section 265-I. pass a sentence upon him according to law.

265-I. Procedure in case of previous conviction. (1) In a case where, by reason of a previous conviction

the accused has been charged under Section 221, sub-section (7) the Court, after finding the accused guilty

of the offence charged and recording a conviction shall record the plea of the accused in relation to such

part of the charge.

(2) If the accused admits that he has been previously convicted as alleged in the charge, the Court may pass

a sentence upon him according to law, and if the accused does not admit that he has been previously

convicted as alleged in the charge the court may take evidence in respect of the alleged previous

conviction, and shall record a finding thereon and then pass sentence upon him according to law.

265-J. Statement under section 164 admissible. The statement of a witness duly recorded under Section

164, if it was made in the presence of the accused and if he had notice of it and was given an opportunity

of cross-examining the witness, may, in the discretion of the Court, if such witness is produced and

examined, be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act,

1872 (II of 1872).

265-K. Power of Court to acquit accused at any stage. Nothing in this Chapter shall be deemed to

prevent a Court from acquitting an accused at any stage of the case; if, after hearing the prosecutor and the

accused and for reasons to be recorded, it considers that there is no probability of the accused being

convicted of any offence.

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265-L Power of Advocate-General to stay prosecution. At any stage of any trial before a High Court

under this Code, before the sentences is passed, the Advocate-General may, if the thinks fit, inform the

Court on behalf of Government that he will not prosecute the accused upon the charge, and thereupon all

proceedings against the accused shall be stayed, and he shall be discharged of and from the same. But such

discharge shall not amount to an acquittal unless the presiding judge otherwise directs.

265-M. Time of holding sittings. For the exercise of its original criminal jurisdiction, every High Court

shall hold sittings on such days and at such convenient intervals as the Chief Justice of such Court from

time to time appoints.

265-N. Place of holding sittings. (1) The High Court shall hold its sittings at the place at which it held

them immediately before the commencement of the Law Reforms Ordinance, 1972, or at such other place

(if any) as the Provincial Government may direct.

(2) But the High Court may, from time to time, with the consent of the Provincial Government, hold

sittings at such other places within the local limits of its appellate jurisdiction as the High Court appoints.

(3) Such officer as the Chief Justice directs shall give prior notice in the Official Gazette of all sittings

intended to be held for the exercise of the original criminal jurisdiction of the High Court].

CHAPTER XXIII - OF TRAILS BEFORE HIGH COURTS AND COURTS OF SESSIONS

266-336. ***** [Omitted by Law Reforms Ordinance, 1972. item 105].

CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

337. Tender of pardon to accomplice. (1) In the case of any offence triable exclusively by the High Court

or Court of Sessions, or any offence punishable with the imprisonment which may extend to ten years, or

any offence punishable under section 211 of the Pakistan Penal Code with imprisonment which may

extend to seven years, or any offence under any of the following sections of the Pakistan Penal Code,

namely, sections 216A, 369, 401, 435 and 477A, (the District Magistrate or a Sub-divisional Magistrate]

may, at any stage of the investigation or inquiry into, or the trail of the offence, with a view to obtaining

the evidence of any person supposed to have been directly or indirectly concerned in or privy to the

offence, 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:

[ x xx x xx ]

[Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl

without permission of the victim or, as the case may be, of the heirs of the victim.]

(1A) Every Magistrate who tenders a pardon under subsection (1) shall record his reasons for so doing, and

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

Provided that the accused shall pay for the same unless the Magistrate for some special reason thinks fit to

furnish it free of cost.

[(2) Every person accepting a tender under this section shall be examined as a witness in the subsequent

trial, if any.]

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(2A) In every case where a person has accepted a tender of pardon and has been examined under subsection

(2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are

reasonable grounds for believing that the accused is guilty of an offence, commit him for trial to the Court

of Sessions or High Court, as the case may be.

(3) Such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

[338. Power to grant or tender of pardon. At any time before the judgment is passed, the High Court or

the Court of Sessions trying the case may, with the view of obtaining on the trial the evidence of any

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

order the District Magistrate to tender, a pardon on the same condition to such person.]

[Provided that no person shall be tendered pardon who Is involved in an offence relating to hurt or qatl

without permission of the victim or, as the case may be, of the heirs of the victim.]

339. Trial of person to whom pardon has been tendered. (1) Where a pardon has been tendered under

section 337 or section 338, and the Public Prosecutor certifies that in his opinion any person who has

accepted such tender has, either by willfully 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:

Provided that such person shall not be tried jointly with any of the other accused, and that he shall be

entitled to plead at such trial that he has complied with the conditions upon which such tender was made;

in which case it shall be for the prosecution to prove that such conditions have not been complied with.

(2) The statement made by a person who has accepted a tender of pardon may be given in evidence against

him at such trial.

(3) No prosecution for the offence of giving false evidence in respect of such statement shall be entertained

without the sanction of the High Court,

[339-A. Procedure in trial of person under section. 339. (1) The Court trying under section 339 a person

who has accepted a tender of pardon shall, 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

the pardon was made.

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

judgment is passed in the case, find whether or not the accused has complied with the conditions of the

pardon, and, if it is found that he has so complied, the Court shall, notwithstanding anything contained in

this Code, pass judgment of acquittal.]

340. Right of person against whom proceedings are instituted to be defended and his competency to

be a witness. (1) Any person accused of an offence before a Criminal Court or against whom proceedings

are instituted under this Code in any such Court, may of right be defended by a pleader.

[(2) Any person accused of an offence before a Criminal Court or against whom proceedings are instituted

under this Code in any such Court shall if he does not plead guilty, give evidence on oath in disproof of the

charges or allegations made against him or any person charged or tried together with him at the same trial:

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Provided that he shall not be asked, and if asked, shall not be required to answer, any question tending to

show that he has committed or been convicted of any offence other than the offence with which he is being

tried, or is of bad character, unless

(i) the proof that he has committed or been convicted of such offence is admissible in evidence to show

that he is guilty of the offence with which he is charged or for which he is being tried ; or

(ii) he has personally or by his pleader asked questions of any witness for the prosecution with a view to

establishing his own good character or has given evidence of his good character; or

(iii) he has given evidence against any other person charged with or tried for the same offence.']

341. Procedure where accused does not understand proceedings. If the accused, though not insane,

cannot be made to understand the proceedings, the Court may proceed with the [....} trial; and, in the case

of a Court other than a High Court, [....] if such trial results 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.

342. Power to examine the accused. (1) For the purpose of enabling the accused to explain any

circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial

without previously warning the accused, put such questions to him as the Court considers necessary, and

shall for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution

have been examined and before he is called on for his defence.

(2) The accused shall not render himself liable to punishment by refusing to answer such questions or by

giving false answers to them; but the Court [....] may draw such inference from such refusal or answer as it

thinks just.

(3) 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 has committed.

[(4) Except as provided by subsection (2) of S. 340 no oath shall be administered to the accused.]

343. No influence to be used to induce disclosures. Except as provided in sections 337 and 338, no

influence, by means of any promise or threat or otherwise shall be used to an accused person to induce him

to disclose or with-hold any matter within his knowledge.

344. Power to postpone or adjourn proceedings. (1) If, from the absence of a witness or any other

reasonable cause, it becomes necessary or advisable to postpone the commencement of or adjourn any

inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefore from time to

time, 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 :

Remand. Provided that no Magistrate shall remand an accused person to custody under this section for a

term exceeding fifteen days at a time.

(2) Every order made under this section by a Court other than a High Court shall be in writing signed by

the Presiding Judge or Magistrate.

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Explanation. Reasonable cause for remand. 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.

345. Compounding offences. (1) The offences punishable under the sections of the Pakistan Penal Code

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:

(3) Where 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) When the person who would otherwise be competent to compound an offence under this section is

[under the age of eighteen years or is] as idiot a lunatic, any person competent to contract on his behalf

may [with the permission of the Court] compound such offence.

[(5) When the accused has been convicted and an appeal is pending, no composition for the offence shall

be allowed without the leave of the Court before which the appeal is to be heard.]

[(5A)A High Court acting in the exercise of its powers of revision under section 439 [and a Court of

Session so acting under section 439-A], may allow any person to compound any offence which he is

competent to compound under this section.]

(6) 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].

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

[346. Procedure of Magistrate in cases which he cannot dispose of. (1) If, in the course of an inquiry or

trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the case

is one which should be tried, or sent for trial to the Court of Session or the High Court, by some other

Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its

nature, to the Sessions Judge or to such other Magistrate, having jurisdiction, as the Sessions Judge directs.

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

the case for trial to the Court of Sessions or the High Court.]

[347. Procedure when, after commencement of trial, Magistrate finds case should be tried by Court

of Session or High Court. If in any trial before a Magistrate, before signing judgment, it appears to him at

any stage of the proceedings that the case is one which ought to be tired by the Court of Session or High

Court, he shall send the case to the Court of Session or High Court, for trial.}

348. Trial of persons previously convicted of offences against coinage, stamp law or property. (1)

Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the

Pakistan Penal Code with imprisonment for a term of three years or upwards, is again accused of any

offence punishable under either of those Chapter with imprisonment for a term of three years or upwards,

shall, if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds [for

the trial of the accused by the Court of Session or High Court, as the case may be send the accused for trial

to such Court] unless the Magistrate is competent to try the case and is of opinion, that he can himself pass

an adequate sentence if the accused is convicted:

Proviso [ x x x x ]

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[(2) When any person is sent for trial to the Court of Session or High Court under sub-section 1), any other

person accused jointly with him in the trial shall be similarly sent for trial.]

349. Procedure when Magistrate cannot pass sentence sufficiently severe. (1) Whenever a Magistrate

of the second or third class, having jurisdiction, 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 that he 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 [a Magistrate of the first class specially empowered in this behalf by the Provincial

Government].

(1-A) 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 [Magistrate empowered under sub-section (1)].

(2) The 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:

Provided that he shall not inflict a punishment more severe than he is empowered to inflict under section

32 and 33.

[350. Conviction a..... on evidence partly recorded by one presiding officer and partly by another. (1)

Whenever any Sessions 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

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

partly recorded by his predecessor and partly recorded by himself or he may re-examine the witnesses and

recommence the inquiry or trial:

Provided that-

(a) where the conviction was held before a Sessions Judge, the High Court, and

(b) where the conviction was held before a Magistrate, the High Court or the Court of Session.

may, whether there be an appeal or not, set aside any conviction passed on evidence, not wholly recorded

by the Sessions Judge or Magistrate before whom the conviction was held, if such Court is of opinion that

the accused has been materially prejudiced thereby, and may order a new inquiry or trial'] .

(2) Nothing in this section applies to cases in which proceedings have been stayed under section 346 or in

which proceedings have been submitted to a [Magistrate specially empowered] under section 349.

(3) When a case is transferred under the provisions of this Code from one Magistrate to another, 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).

350-A. Changes in constitution of Benches. No order or judgment of a Bench of Magistrates shall be

invalid by reason only of a change having occurred in the constitution of the Bench in any case in which

the Bench by which such order or judgment is passed is dully constituted under sections 15 and 16, and the

Magistrates constituting the same have been present on the Bench throughout the proceedings.

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351. Detention of offenders attending Court. (1) Any person attending a Criminal Court although not

under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of

any offence of which Court can take cognizance and which, from the evidence may appear to have been

arrested or summoned.

(2) When the detention takes place [....] after a trial has been begun the proceedings in respect of such

person shall be commenced afresh, and the witnesses re-heard.

352. Courts to be open. The place in which any Criminal Court is held for the purpose of inquiring into or

trying any offence shall be deemed 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 or building used by the Court.++++++++++++++++++

CHAPTER XXV - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES

AND TRIALS

353. Evidence to be taken in presence of accused. Except as otherwise expressly provided, all evidence

taken under [Chapters XX, XXI, XXII and XXIIA] shall be taken in the presence of the accused, or, when

his personal attendance is dispensed with, in presence of his pleader.

354. Manner of recording evidence. In inquires and trials (other than summary trials) under this Code by

or before a Magistrate or Sessions Judge, the evidence of the witnesses shall be recorded in the following

manner.

355. [Record in trial of certain cases by first an second class Magistrates.] [(1) In cases tried under

Chapter XX or Chapter XXII] Magistrate of the first or second class and in all proceedings under section

514 (if not in the course of a trial), the Magistrate shall make a memorandum of the substance of the

evidence of each witness as the examination of the witness proceeds.

(2) Such memorandum shall be written and signed by the Magistrate with his own hand, and shall form

part of the record.

(3) If the Magistrate is prevented from making a memorandum as above required, he shall record the

reason of his Inability to do so and shall cause memorandum to be made in writing from his dictation in

open Court, and shall sign the same, and such memorandum shall form part of the record.

356. Record in other cases. [(1) In trials before Courts of Session and in inquiries under Chapter XII] the

evidence of each witness shall be taken down in writing in the language of the Court by the Magistrate or

Sessions Judge, or in his presence and hearing and under his personal direction and superintendence and

shall be signed by the Magistrate or Sessions Judge.

(2) Evidence given in English. When the evidence of such witness is given in English the Magistrate or

Sessions Judge may take it down in that language with his own hand, and, unless the accused is familiar

with English, or the language of the Court is English, an authenticated translation of such evidence in the

language of the Court shall form pan of the record.

(2-A) When the evidence of such witness Is given In any other language, not being English, than the

language of the Court, the Magistrate or Sessions Judge may take it down in that language with his own

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hand, or cause it to be taken down in that language in his presence and hearing and under his personal

direction and superintendence, and an authenticated translation of such evidence In the language of the

Court or in English shall form part of the record.

(3) Memorandum when evidence not taken down by the Magistrate or Judge himself. In cases in which the

evidence Is not taken down in writing by the Magistrate or Sessions Judge he shall, as the examination of

each witness proceeds, make a memorandum of the substance of what such witness deposes; and such

memorandum shall be written and signed by the Magistrate or Sessions Judge with his own hand, and shall

form part of the record.

(4) If the Magistrate or Sessions Judge is prevented from making memorandum as above required he shall

record the reason of his inability to make it.

357. Language of record of evidence. (1) The Provincial Government may direct that in any district or

part of a district, or in proceedings before any Court of Session or before any Magistrate or class of

Magistrates the evidence of each witness shall, in the cases referred to in section 356, be taken down by the

Sessions Judge or Magistrate with his own hand and in his mother-tongue, unless he is prevented by any

sufficient reason from taking down the evidence of any witness, in which case he shall record the reason of

his Inability to do so and shall cause the evidence to be taken down in writing form his dictation in open

Court.

(2) The evidence so taken down shall be signed by the Sessions Judge or Magistrate and form part of the

record:

Provided that the Provincial Government may direct the Sessions Judge or Magistrate to take down the

evidence in the English language or in the language of the Court, although such language is not his mothertongue.

358. Option to Magistrate in cases under section 335. In cases of the kind mentioned in section 355, the

Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in section

356, or, if within the local limits of the jurisdiction of such Magistrate the Provincial Government has

made the order referred to in section 357, in the manner provided in the same section.

359. Mode of recording evidence under section 356 or section 357. (1) Evidence taken under section

356 or section 357 shall not ordinarily be taken down in the form of question and answer, but in the form

of a narrative.

(2) The Magistrate or Sessions Judge may, in his discretion take down, or cause to be taken down, any

particular question and answer.

360. Procedure in regard to such evidence when completed. (1) As the evidence of each witness taken

under section 356 or section 357 is completed, it shall be read over to him in the presence of the accused, if

in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the

Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the

objection made to it by the witness, and shall add such remarks as he thinks necessary.

(3) If the evidence is taken in a language different from that in which it has been given and the witness

does not understand the language in which it is taken down, the evidence so taken down shall be

Interpreted to him in the language in which it was given, or in a language which he understands.

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361. Interpretation of evidence to accused or his pleader. (1) Whenever any evidence is given in a

language not understood by the accused, and he is present in person it shall be interpreted to him in open

Court in a language understood by him.

(2) If he appears by pleader and the evidence is given in a language other than the language of the Court,

and not understood by the pleader, it shall be interpreted to such pleader in that language.

(3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to

interpret as much thereof as appears necessary.

362. [Record of evidence in Presidency Magistrate's Court.} Omitted by A. 0., 1949,

Sch.

363. Remarks respecting demeanour of witness. When a Sessions Judge or Magistrate has recorded the

evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the

demeanour of such witness whilst under examination.

364. Examination of accused how recorded. (1) Whenever the accused is examined by any Magistrate or

by any Court other than a High Court the whole of such examination, including every question put to him

and every answer given by him, shall be recorded in full, in the language in which he is examined, or, if

that is not practicable, in the language of the Court or in English; and such record shall be shown or read to

him or, if he does not understand the language in which it is written, shall be interpreted to him in a

language which he understands, and he shall be at liberty to explain or add to his answers.

(2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the

accused and the Magistrate or Judge of such Court, and such Magistrate or Judge shall certify under his

own hand that the examination was taken in his presence and hearing and that the record contains a full and

true account of the statement made by the accused.

(3) In a case in which the examination of the accused is not recorded by the Magistrate or Judge himself,

he shall be bound as the examination proceeds, to make memorandum thereof in the language of the Court

or in English, if he is sufficiently acquainted with latter language; and such memorandum shall be written

and signed by the Magistrate or Judge with his own hand and shall be annexed to the record. If the

Magistrate or Judge Is unable to-make a memorandum as above required, he shall record the reason of such

inability.

(4) Nothing in this section shall be deemed to apply to the examination of an accused person under section

263.

365. Record of evidence in High Court. Every High Court shall from time to time, by general rule,

prescribe the manner in which evidence shall be taken down in cases coming before the Court and the

evidence shall be taken down in accordance with such rule.

CHAPTER XXVI - OF THE JUDGMENT

366. Mode of delivering judgment. (1) The judgment in every trial in any Criminal Court of original

jurisdiction shall be pronounced or the substance of such judgment

(a) in open Court either immediately after the termination of the trial or at some subsequent time of which

notice shall be given to the parties or their pleaders, and

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(b) in the language of the Court, or in some other language which the accused or his pleader understands:

Provided that the whole judgment shall be read out by the presiding judge, if he is requested so to do either

by the prosecution or the defence.

(2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend,

to hear judgment delivered, except where his personal attendance during the trial has been dispensed with

and the sentence is one of the fine only or he is acquitted, in either of which cases it may be delivered in

the presence of his pleader.

(3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the

absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any

omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such

day and place.

(4) Nothing in this section shall be construed to limit in any way the extent of the provisions of section

537.