Lawgist326Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
(1) Whenever any 1[Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[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:
Provided that if the succeeding 1[Judge or Magistrate] is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Code 2[from one judge to another Judge or from one Magistrate] to another Magistrate, 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).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325.
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1. Subs. by Act 45 of 1978, s. 27, for "Magistrate" (w.e.f. 18-12-1978).
2. Subs. by s. 27, ibid., for "from one Magistrate to another Magistrate" (w.e.f. 18-12-1978).
- 300 Person once convicted or acquitted not to be tried for same offence
- 301 Appearance by Public Prosecutors
- 302 Permission to conduct prosecution
- 303 Right of person against whom proceedings are instituted to be defended
- 304 Legal aid to accused at State expense in certain cases
- 305 Procedure when corporation or registered society is an accused
- 306 Tender of pardon to accomplice
- 307 Power to direct tender of pardon
- 308 Trial of person not complying with conditions of pardon
- 309 Power to postpone or adjourn proceedings
- 310 Local inspection
- 311 Power to summon material witness, or examine person present
- 311A Power of Magistrate to order person to give specimen signatures or handwriting
- 312 Expenses of complainants and witnesses
- 313 Power to examine the accused
- 314 Oral arguments and memorandum of arguments
- 315 Accused person to be competent witness
- 316 No influence to be used to induce disclosure
- 317 Provision for inquiries and trial being held in the absence of accused in certain cases
- 318 Procedure where accused does not understand proceedings
- 319 Power to proceed against other persons appearing to be guilty of offence
- 320 Compounding of offences
- 321 Withdrawal from prosecution
- 322 Procedure in cases which Magistrate cannot dispose of
- 323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324 Trial of persons previously convicted of offences against coinage, stamp-law or property
- 325 Procedure when Magistrate cannot pass sentence sufficiently severe
- 326 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327 Court to be open
