PART VII
Of Appeal, Reference and Revision

CHAPTER XXXI
OF APPEALS

No appeal shall lie from any judgment of order on a criminal Court except as provided for by this Code or by any other law for the time being in force.

 

Any person whose application under section 89 for the delivery of property or the proceeds of the sale thereof has been rejected by any Court , may appeal to the Court to which appeals ordinarily lie from the sentences of the former Court.

 

Any person who has been ordered under section 118 to give security for keeping the peace or for good behaviour may appeal against such order to the Court of Session:

Provided that the President of the Union may by notification in the Gazette, direct that in any district specified in the notification appeals from such orders made by a Magistrate other than the District Magistrate shall lie to the District Magistrate and not to tile Court of Session:

Provided further, that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3A) of section 123.

 

Any person aggrieved by an order made under section 488., directing him to pay maintenance on account of his wife or child, or rejecting an application for maintenance for a wife or child, or by an order made under allowance, may appeal against such order to the Court of Session.

 

(1) Any person convicted on a trial held by any Magistrate of the second or third class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under [sub-section (5) of section]¹ by a Sub-divisional Magistrate of the second class, may appeal to the District Magistrate.

(2) The District Magistrate may direct that any appeal under this section, of any class of such appeals, shall be heard by any Magistrate of the first class subordinate to him and empowered by the President of the Union to hear such appeals and thereupon such appeal or class of appeals may be presented to such subordinate Magistrate, or if already presented to the District Magistrate, may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from such Magistrate any appeal or class or appeals so presented or transferred.

 

Any person convicted on a trial held by an Assistant Sessions Judge a District Magistrate or other Magistrate of the first class, or any person sentenced under section 349 or in respect or whom an order has been made or a sentence has been passed under [sub-section (5) of section 562]¹ by a Magistrate of the first class, may appeal to the Court of Session:

 

An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

[* * *]²

Provided that an Additional Sessions Judge shall hear only such appeals as the President of the Union may by general or special order, direct or as the Sessions Judge of the division may make over to him.

 

Any person convicted on a trial held by a Session Judge, or an Additional Sessions Judge, may appeal to the High Court.

 

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Notwithstanding anything hereinbefore contained, where an accused person has pleaded guilty and has been convicted by a Court of Session or any, Magistrate of the first class on such plea, there shall be no appeal except as to the extent of legality of the sentence.

 

Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which a Court of Session passes a sentence of imprisonment not exceeding three months only, or of fine not exceeding two hundred rupees only, or of whipping only, or in which a District Magistrate or other Magistrate of the first class passes a sentence of imprisonment not exceeding one month only, or of fine not exceeding one hundred rupees only.

Explanation. ------- There is no appeal from a sentence of imprisonment passed by such Court of Magistrate in default of payment of fine.

 

Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate empowered to act under section 260 passes a sentence of imprisonment not exceeding one month only, or of fine not exceeding two hundred rupees only.

 

An appeal may be brought against any sentence referred to in section 413 or section 414 by which any two or more of the punishments therein mentioned are combined, but no sentence which would no otherwise be liable to appeal shall be appeal able merely on the ground that the person convicted is ordered to find security to keep the peace

Explanation.----- A sentence of imprisonment in default of payment of fine is riot a sentence by which two or more punishments are combined within the meaning or this section.

 

A Notwithstanding anything contained in this Chapter. when more person than one are convicted in one trial, and an appeal able judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

 

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The President of the Union may direct the Public Prosecutor to present appeal to the High Court from an original or appellate order or acquittal passed by any Court other than the High Court.

 

(1) An appeal may lie on a matter of fact as well as a matter of law, except where the trial was by jury, in which case the appeal shall lie on a matter of law only.

(2) Notwithstanding anything contained in sub-section (1) or in Section 423, sub-section (2), when, in the case of a trial by jury, any person is sentenced to death, any other convicted in the same trial with the person so sentenced may appeal on a matter of fact as well as matter of law.

Explanation,---- The alleged severity of a sentence shall, for the purposes of this section, be deemed to be a matter of law.

 

Every appeal shall be made in the form of a petition .in writing presented by the appellant or his pleader, an every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of judgment or order appealed against, and, in cases tried’ by a jury, a copy of the heads of the charge recorded under section 367.

 

If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper appellate Court.

 

(1) On receiving the petition and copy under section 419 or section 420, the appellate Court shall peruse the same, and, if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily

Provide that no appeal presented under section 419 shall be dismissed, unless the appellant or his pleader ha3 had a reasonable opportunity of being heard in support of the same.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case, but shall not be bound to do so.

 

If the appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer as the President of the Union may appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the grounds of appeal;

and, in case of appeals under section 417, the appellate Court shall cause a like notice to be given to this accused.

 

(1) The appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the appellant or his pleader, if he appear, and the Public Prosecutor, if he appears, and in case of an appeal under section 417, the accused if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may ------

(2) Noting herein contained shall authorize the Court to alter reverse the verdict of a jury, unless it is of opinion that such verdict is erroneous owing to a misdirection by the Judge, or to a misunderstanding on the part of the jury of the law as laid down by him.

 

The rules contained in Chapter XXVI, as to the judgment of a criminal Court of original jurisdiction, shall apply, so far as may be practicable, to the judgment of any appellate Court other thin the High Court.

Provided that, unless the appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

 

(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed If the finding, sentence or order was recorded or passed by a Magistrate other, than the District Magistrate the certificate shall be sent through the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court, and, if necessary, the record shall be amended in accordance therewith.

 

(1) lending any appeal by convicted person, the appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond.

(2) The power conferred by this section on an appellate Court may be exercised also by the High Court in the case of any appeal by a convicted person to a Court subordinate thereto.

(3) When the appellant is ultimately sentenced to imprisonment [* * *]( Note ) or transportation the time during which he is so released shall be excluded in computing the term for which he is so sentence.

 

When an appeal is presented under section 417, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail.

 

(1) In dealing with any appeal under this Chapter, the appellate Court, if it thinks additional evidence to be necessary shall record its reasons, and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the appellate Court is the High Court - by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the appellate Court, and such Court shall thereupon proceed to dispose of the appeal

(3) Unless the appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken but such evidence shall not be taken in the presence of jurors [* *]¹

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.

 

When the Judges composing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon, shall be had before another Judge of the same Court, and such Judge. after such hearing (if any) he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.

 

Judgments and orders passed by an appellate Court upon appeal shall be final, except in the cases provided for in section 417 and Chapter XXXII.

 

Every appeal, under section 417 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.

 

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(1) When any person has, in a trial before a Judge or the High Court acting in the exercise of its original criminal jurisdiction, been convicted of an offence, the Judge, if he thinks fit, may reserve and refer for the decision of a Court consisting of two or more Judge of such Court any question of law which has arisen in the course of the trial of such person, and the determination of which would affect the event of the trial.

(2) If the Judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to jail, or, if the Judge thinks fit be admitted to bail, and the High Court shall have power to review the case or such part of it as may be necessary, and finally determine such question, and thereupon to alter the sentence passed by the Court of original jurisdiction, and to pass such judgment or order as the High Court thinks fit.

 

(1) The High Court or any Sessions Judge or District Magistrate, or any sub-divisional Magistrate empowered by the President of the Union in this behalf, may call for and examine the record of any proceeding before any inferior criminal Court situate within the local limits of its or his jurisdiction for the purpose .of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation, All Magistrate, [except the District Magistrate]1 , whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Session Judge for the purposes of this sub-section and of section 437.

(2) If any Sub-divisional Magistrate acting under sub-section (1) considers that any such finding, sentence or order is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he thinks fit, to the District Magistrate.

(3) * * * *

(4) If an application under this section has been made either to the Sessions Judge or District Magistrate, no further application shall be entertained by the other of them.

 

On examining any record under section 435 or otherwise, the High Court or the Session Judge may direct the District Magistrate by himself or by any’ of the Magistrates subordinate to him to make, and the District Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged;

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

 

When, on examining the record of any case under section 435 or otherwise, the Session Judge District Magistrate considers that such case is triable exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate may cause him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been. in the opinion of the Session Judge or District Magistrate, improperly discharged:

Provided as follows:------

(a) that the accused has had an opportunity of showing cause to such Judge or Magistrate why the commitment should not be made

(b) that, if such Judge or Magistrate thinks that the evidence shows that some other offence has been committed by the accused, such Judged or Magistrate may direct the inferior Court to inquire into such offence.

 

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(1) In the case of any proceeding the record of which has been called for by itself [****]¹ or which otherwise comes to its knowledge, the High Court, the State or Divisional Court3 may, in its discretion, exercise any of the Power conferred on a Court of Appeal by sections 423. 426, 427 an 428 or on a Court by section 338, and may enhance the sentence; and when the Judge composing the Court of Revision are equally divided in opinion, the case shall be disposed of in manner provided section 429.

²(2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard, either personally or by pleader.

(3) Where the sentence dealt with under this section has been passed by a Magistrate acting otherwise than under section 34, the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed than night have been inflicted for such offence by a Magistrate of the first class.

(4) Nothing in this section applies to an entry made under section 273, or shall be deemed to authorize the High Court, the State or Divisional court3 to convert a finding of acquittal into’ one of conviction.

(5) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction.

 

No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision;

Provided that the Court may. if it thinks fit, when exercising such power, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, sub-section (2).

 

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When a case is revised under this Chapter by the High Court, the Stat or Divisional Courts, it shall in manner herein before provided by section 425, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court or Magistrate to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified and, if necessary, the record shall be amended in accordance therewith.

 

PART VIII
Special Proceedings

CHAPTER XXXIII

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(1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defense, the Magistrate shall inquire into the fact of such unsoundness and shall cause such person to be examined by the Civil Surgeon of the district or such other medical officer as the President of the Union directs, and thereupon shall examine such suction or officer as witness, and shall reduce the examination to writing.

(1A) Pending such examination and inquiry, the Magistrate may deal .With the accused in accordance with the provisions or section 466.

(2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defense he shall record a finding to that effect and shall postpone further proceedings in the case

 

(1) If any person committed for trial before a Court of Session or the High Court appears to the Court at his trial to be of unsound mind and consequently incapable of making his defense, the jury, or the Court [* * ]¹ shall, in the first instance, try the fact of such unsoundness and incapacity and if the jury or Court, as the case may be, is satisfied of the fact the Judge shall record a finding to that effect and shall postpone further proceedings in the case and the jury, if any shall be discharged.

(2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Court.

 

(I) Whenever an accused person is found to be of unsound mind and incapable of making his defense, the Magistrate or Court as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.

(2) If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the President of the Union;

Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the President of the Union may have made under the Lunacy Act.

 

(1) Whenever an inquiry or a trial is postponed under section 464 or section 465, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 466, and the sureties for his appearance produce him to the officer whom the Magistrate or Court, appoints in this behalf, the certificate of such officer that the accused is capable of making his defense shall be receivable in evidence.

 

(1) If, when the accused appears or is again brought before the Magistrate or the Court as the case may be, the Magistrate or Court considers him capable of making his defense, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defense, the Magistrate or Court shall again act according to the provisions of section 464 or section 465. as the case may be, and if the accused is found to be of unsound mind and incapable of making his defense, shall deal with such accused in accordance with the provisions of section 466.

 

When the accused appears to be of sound mind at the time of inquiry’ or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act which, ii he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by’ reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law. the Magistrate shall proceed with the case, and, if the accused ought to h~ committed to the Court of Session or High Court, send him for trial before the Court of Session or High Court as the case may be.

 

Whenever any person is acquitted upon the ground that - at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

 

(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit, and shall report the action taken to the President of the Union

Provided that no order for the detention of the accused in lunatic asylum shall be made otherwise than in accordance with such rules as the President of The Union may have mode under the Lunacy Act.

(2) The President of the Union may empower the officer in charge of the jail in which a person is confined under the provisions of section 466 or this section to discharge all or any of the functions of the Inspector-General of Prison under section .473 or section 474.

 

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If such person is detained tinder the provisions of section 466, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them, shall certify that, in his or their opinion such person is capable of making his defense, he shall be taken before the Magistrate or Court. as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 468 and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence

 

(1) If such person is detained under the provisions or section 466 or section 471 and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person. the President of the Union may thereupon order him to be released or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum and, in case he orders him to transferred to an asylum. may appoint a Commission, consisting of a judicial and two medical officers.

(2) Such Commission shall make formal inquiry’ into the state of mind of scab person. taking such evidence as is necessary, and shah report to the President of the Union who may order his release or detention as ho thinks

 

(1) Whenever any relative or friend of any person detained under the provisions of section 4a6 or section 471 desires that he shall be delivered to his care and custody, the President of the Union may¹, upon the application of such relative or friend and on his giving security to the satisfaction of the President of the Union that the person delivered shall ----

(2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defense, and the inspecting officer referred to in subsection (1), clause (b), certifies at any time to the Magistrate or Court that such person is capable of making his defense, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of section 468. and the certification the inspecting officer shall be receivable as evidence.

 

(1) When any civil, revenue or criminal Court is whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195. sub-section (1). clause (b) or clause (z) which appears to have been committed in or in relation to a proceeding in that Court such Court may after such preliminary’ inquiry, if any. as it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the Court, and shall forward the same to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bail able may, if it thinks necessary so to do, send the accused in custody -to such Magistrate, and may bind over any person to appear and give evidence before such Magistrate;

Provided that, where the Court making the complaint is the High Court the complaint may be signed by such officer of the Court as the Court may appoint.

(2) Such Magistrate shall thereupon proceed according to law and as if upon complaint made under section 200.

(3) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided,

 

The power conferred on civil, revenue and criminal Courts by section 476. sub-section (1), may be exercised, in respect of any offence referred to therein and alleged to have been committed in or in relation to any proceeding in any such Court, by the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3). in may case in which such former Court has neither made a complaint under Section 476 in respect of such offence nor rejected an application for the making of such complaint and, where the superior Court makes such complaint, the precisions of section 476 shall apply accordingly.

 

Any person on whose application any civil, revenue or criminal Court has refused to make a complaint under section 476 or section 476A. or against whom such a complaint has been made, may appeal to the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3), and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint at or as the-case may be itself make the complaint which the subordinate Count might have made under section 476, and if it makes such complaint the provisions of that section shall apply accordingly.

 

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(1) When any such offence is committed before any civil or revenue Court, or brought under the notice of any civil or revenue Court in the course of a judicial proceeding, and the case is triable exclusively by the High Court or Court of Session, or such civil or revenue Court thinks that it ought to be tried by the High Court or Court of Session, such civil or revenue Court may, instead of sending the case under section 476 to a Magistrate for inquiry, itself complete the inquiry, and commit or hold to bail the accused person to take his trail before the High Court or Court of Session, as the case may be

(2) For the purposes of an inquiry under this section the civil or revenue Court may exercise all the powers of a Magistrate; and its proceedings in such inquiry shall be conducted as nearly as may be in accordance with the provisions of Chapter XVIII (**** *)¹ and shall be deemed to have been held by a Magistrate.

 

When any such commitment is made by a civil or revenue Court, the Court shall send the charge with the order of commitment and the record of the case to the District Magistrate or other Magistrate authorized to commit for trial, and such Magistrate shall bring the case before the High Court or Court of Session, as the case may be, together with the witnesses for the prosecution and defense.

 

(1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 288 of the Penal Code is committed in the view or presence of any civil, criminal or revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may if it thinks fit, take cognized of the offence and sentence the offender to fine not exceeding two hundred rupees and, in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

¹(2) * * * *

 

(1) In ever such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.

(2) If the offence is under section 228 of Penal Code the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

 

(1) If the Court in any case considers that a person accused of any of the offences referred to in section480 and committed in its view of presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for man other reason of opinion that the case should not be disposed of under section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to hear the complaint against the accused person in manner hereinbefore provided.

 

When the President of the Union so directs, any Registrar or any Sub - Registrar appointed under the Registration Act shall be deemed to be a civil Court within the meaning of sections 480 and 482.

 

When any Court has under section 480 or section 482 adjudged an offender to punishment or forwarded him to a Magistrate for trial for, refusing or omitting to do anything which he was lawfully required to do or for any intentional insult of interruption, the Court may, in its discretion, 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.

 

If any witness or person called to produce a document or thing before a criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment. or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven day’s unless in the meantime such person consents to be examined and to answer or to produce the document or thing. In the event of his persisting in his refusal, he may be dealt with according to the provisions of section 480 or section 482, and, in the ease of the High Court, shall be deemed guilty of a contempt.

 

(1) Any person sentenced by any Court under section 480 or section 485 may notwithstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appeal able.

(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by (the Rangoon City Civil Court) shall lie to the High Court, and.

an appeal from such conviction by any other Court of small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.

(4) An appeal from such conviction by any officer as Registrar or Sub- Registrar appointed as aforesaid may. when such officer is also judge of a civil Court be made to the Court to which it would, under the preceding portion of this section, be made if such conviction were a decree by such officer in his capacity as such Judge, and in other cases may be made to the District Judge.

 

(1) Except as provided in section 480 and 485. no Judge of a criminal Court or Magistrate, oilier than a Judge of the High Court, shall try any person for any offence referred to in section 1 95, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding.

(2) Nothing in section 476 or section 482 shall prevent a Magistrate empowered to commit to the Court of Session or High Court from himself committing any case to such Court.

 

(1) If any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the district Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class may, upon proof or such neglect or refusal, order such person to make a monthly allowance for the maintenance or his wife or such child, at such monthly rate, not exceeding one hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate from time to time directs.

(2) Such allowance shall be payable from the date of the order, or if so ordered from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in manner hereinbefore provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that, if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and any may make an order under this section notwithstanding such offer if he is satisfied that there is just ground for so doing :

Provided further, that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due.

(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

(6) All evidence under this Chapter Shall be taken in the presence of the husband or father, as the case may be or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed in the case of summons cases :

Provided that, if the Magistrate is satisfied that he is willfully avoiding service, or willfully neglects to attend the Court, the Magistrate may proceed to hear and determine the case ex part. Any orders so made may be set aside for good cause shown on application made within three months from the date thereof

(7) The Court in dealing with applications under this section shall nave power to make such order as to costs as may be just.

(8) Proceedings under this section may be taken against any person in any district where he resides or is. or where he last resided with his wife, or. as the case may be, the mother of the illegitimate child.

 

(1) On proof of a change in the circumstances of any person receiving under section 488 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magistrate may make such alteration in the allowance as he thinks fit Provided that if he increases the allowance the monthly rate of one hundred rupees in the whole be not exceeded.

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent civil Court, any order made under section 488 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

 

A copy of the order of maintenance shall be give without payment to the person in whose favor it is made, or to his guardian, if any, or to the person to whom the allowance is to be paid and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the nom-payment of the allowance due.

 

(1) The High Court may, whenever it thinks fit, direct----

(2) The High Court may, from time to time, frame rules¹ to regulate the procedure in cases under this section.

(3) Nothing in this section applies to person detained under the State Prisoners Regulation.

 

*        *      *        * ( Note )

 

PART IX
Supplementary Provisions

CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR

(1) The President of the Union (or such officer or authority as may be specified by him in this behalf) may appoint, generally, or in any ~ case, or for any specified class of cases, in any local area, one or more officers to be called Public Prosecutors.

(2) The Distinct Magistrate or subject to the control of the District Magistrate the Sub-divisional Magistrate may in the absence of the Public Prosecutor, or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police below such rank as the President of the Union may prescribe in this behalf to be Public Prosecutor for the purpose of any case

 

The Public Prosecutor may appear and plead without any written authority before any Court in which any case of which he has charge is under inquiry, trial or appeal, and if any private person instructs a pleader to prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein under his directions.

 

Any Public Prosecutor may with the consent of the Court in cases tried by jury before the return of the verdict, and in other cases before the judgment is pronounced, withdraw from the prosecution of any per either generally or in respect of any one or more of the offences for which he is tried and upon such withdrawal,

(1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below the rank to be prescribed by the President of the Union in this behalf, but no person, other than the Attorney-General, Public Prosecutor or other officer generally or specially empowered by the President of the Union in this behalf shall be entitled to do so without such permission.

(2) Any such officer shall have the like power of withdrawing from the prosecution as is provided by section 494 and the provisions of that section shall apply to any withdrawal by such officer.

(3) Any person conducting the prosecution may do so personally or by a pleader.

(4) An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted.

 

 CHAPTER XXXIX
OF BAIL

When any person other than a person accused of a non-bail able offence is arrested or detained without warrant by an officer in charge of a police - station or by an investigating officer not below the rank of head constable. or appears or is brought before a Court, and is prepared at any time while in the custody or such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail Provided that such officer or Court. if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided;

Provided further, that nothing in this section shall be deemed to affect the provisions of section 107, sub-section (4), or section 117, sub-section (3).

 

(1) When any person accused of any non-bail able offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before the Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or with transportation for life:

Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such offence be released on bail.

(2) Wit appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bail able offence, but that there are sufficient ground, for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court. on the execution by him of a bond without sureties for his appearance as hereinafter provided.

(3) An officer or a Court releasing any person on bail under subsection (I) or sub-section (2) shall record in writing his or its reasons for so doing.

(4) If at any time after the conclusion of the trial of a person accused of a non-bail able offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty’ of any such offence, it shall release the accused. if he is in custody, on the execution by him of a bond without sureties for his appearance to here judgment delivered.

(5) The High Court or Court of Session and, in the case or a person released by itself any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.

 

(1) The High Court or Court of Session may in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the required by a police officer or Magistrate be reduced.

(2) The amount of every bond executed under this Chapter shall’ having due regard to the circumstances of the case, not be excessive.

¹Provided that no person shall be admitted to bail under this section, unless the Attorney-General of the District Magistrate, as the case may be, has had an opportunity of being heard.

 

(1) Before any person is released on bail Or released on his own bond, a bond for such sum of money as the police-officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sure tied conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police-officer or Court, as the case may be.

(2) If the case so require the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge.

 

(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order shall release him.

(2) Nothing in this section. section 496 or section 497 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

 

If. through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterward become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do may commit him to jail.

 

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so may commit him to custody.

 

(1) Whenever, in the course of an inquiry, a trial or any other, proceeding under this Code, it appears to a District Magistrate, a Court of session or the High Court that the examination of a witness in necessary for the ends of justice, and that the attendance of such witness cannot be procure without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate or Court may dispense with such attendance and may issue a commission to any District Magistrate or Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

¹(2) * * * *

²(2A) * * * *

(3) The Magistrate [* *]( Note ) to whom the commission is issued, or if he is the District Magistrate, he or such Magistrate or the first cl