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If all the Assessors are pre

other Assessor or Assessors.
vented from attending through the trial, the proceedings
shall be stayed, and a new trial shall be held with the aid
of fresh Assessors.

354. Any person summoned to attend as a Juror or as an Assessor, who shall without lawful excuse fail to attend as required by the summons, or having attended shall depart without having obtained the permission of the Court, shall be liable by order of the Court of Session to a fine not exceeding one hundred Rupees, to be levied by the Magistrate of the District by attachment and sale of any moveable property belonging to such Juror or Assessor within the Jurisdiction of the Court making the order, or in default of recovery of the fine by such attachment and sale, such Juror or Assessor may be imprisoned in the Civil Jail for the space of fifteen days if the fine be not sooner paid.

Penalty for nonattendance of

Juror or Asses

sor.

CHAPTER XXIV.

OF SUBORDINATE JUDGES AND PRINCIPAL SUDDER AMEENS
IN THE PRESIDENCY OF FORT SAINT GEORGE.

355. The Subordinate Judges and Principal Sudder Ameens in the Presidency of Fort Saint George shall continue to exercise under this Act, subject to the provisions of the Indian Penal Code, the Criminal jurisdiction which they are competent to exercise under any law for the time being in force, and shall have the same powers of punishment as are given by this Act to an Officer exercising the powers of a Magistrate.

356. Subordinate Magistrates of the first and second class in the Presidency of Fort Saint George shall commit to the Court of Session any persons charged with offences triable exclusively by that Court, or shall, under such orders as the Sudder Court shall from time to time

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Subordinate Magistrate after trial, may refer to Magis

trate of the District.

Cases committed for trial before Subordinate Judges and Principal Sudder Ameens.

issue, either commit to the Subordinate Judges or Principal Sudder Ameens the cases of persons accused of offences triable by such Subordinate Judges or Principal Sudder Ameens, or refer such cases for the orders of the Magistrate of the District or other Officer exercising the powers of a Magistrate. If the case be referred to the Magistrate of the District or other Officer as aforesaid, such Magistrate or other Officer shall examine the parties and witnesses, and shall proceed in all respects as if no proceedings had been held in any other Court.

357. If in any case tried by a Subordinate Magistrate of the first or second class in the Presidency of Fort Saint George in which the accused person is found guilty, such Magistrate shall consider the offence established against the accused person to call for a more severe punishment than such Magistrate is competent to adjudge, he shall record the finding and submit his proceedings to the Magistrate of the District or other Officer exercising the powers of a Magistrate, and the Magistrate of the District or other Officer as aforesaid shall pass such sentence or order in the case as he may deem proper and as shall be according to law. In any such case, the Magistrate or other Officer to whom the proceedings are submitted may examine the parties, and recall and examine any witness who shall already have given evidence in the case, and he may call for or take any further evidence.

cases.

358. In cases committed for trial before the Subordinate Judges or Principal Sudder Ameens in the Presidency of Fort Saint George, they shall be guided by the rules contained in this Act for the trial of cases before the Magistrate, which are hereby made applicable to such The Subordinate Judges and Principal Sudder Ameens may commit any case to the Court of Session in which the evidence is such as to warrant a presumption that the accused person has been guilty of an offence calling for a more severe punishment than such Subordinate Judges or Principal Sudder Ameens are authorized to adjudge.

CHAPTER XXV.

TRIALS BEFORE THE COURT OF SESSION.

359. Except in the cases referred to in Section 172 of this Act, a Court of Session, as a Court of original criminal jurisdiction, shall not take cognizance of any offence but upon a charge preferred by a Magistrate or other Officer specially empowered under this Act or under any other law to make commitments to such Court.

360. In every trial before a Court of Session the prosecution shall be conducted by the Government Pleader or by some other Officer specially empowered in that behalf, and the complainant, if there be a complainant, shall be examined as a witness in the case.

Cognizance of offences by the in original jurisdiction.

Court of Session

Every trial before Court of Session to be conducted by Government Pleader, &c.

of trial.

361. A Court of Session may direct the postpone- Postponement ment of a trial, when it is satisfied that such postponement is proper and will promote the ends of justice.

362. When the Court is ready to commence the trial, Commencement the accused person shall be brought before it, and the of trial. charge shall be read and explained to him, and he shall be asked whether he is guilty of the offence charged, or claims to be tried. If the accused person plead guilty, the plea shall be recorded, and the accused may be convicted thereon.

363. If the accused person shall refuse to plead, or shall claim to be tried, the Court shall proceed to try the case, taking all the evidence that is forthcoming. 364. The provisions of Sections 195, 196, 197, 198, 199, and 200, of this Act, relating to the examination of parties and witnesses, the mode of recording evidence, and the correction, attestation, and interpretation thereof in trials before the Magistrate, shall be applicable to trials before the Court of Session under this Chapter.

Refusal to plead
or plea of
claim.

Provisions relating to examination of parties, &c., in Magistrate to be applicable to trials before Court of Session.

trials before

365. If any witness shall refuse to answer any ques- Witness refustion which shall be put to him, and shall not offer any ing to answer

may be committed to custody.

Examination of
accused before
the Magistrate
to be evidence
at the trial.

Proof of such
examination.

Court may suminon necessary evidence.

Evidence of

just excuse for such refusal, the Court may commit such witness to custody for such reasonable time as it may deem proper, unless he shall in the meantime consent to be examined and to answer. In the event of such witness persisting in his refusal, he may be dealt with according to the provisions of Section 163 of this Act.

366. The examination of the accused person before the Magistrate shall be given in evidence at the trial. The attestation of the Magistrate shall be sufficient primá facie proof of such examination, and such attestation shall be admitted without proof of the signature to it, unless the Court shall see reason to doubt its genuineness.

367. It shall be in the discretion of the Court, at any stage of a trial, to summon and examine any witness whose evidence it shall consider essential to the just decision of the case. The Court may also examine as a witness any person in attendance although not summoned as a witness.

368. The Court shall receive as prima facie evidence medical witness. the examination of a Civil Surgeon or other medical witness taken and duly attested by the Magistrate. Provided that it shall be competent to the Court to summon such Civil Surgeon or other medical witness, if it shall see sufficient cause for doing so.

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369. The examination of a witness taken and attested by the Magistrate in the presence of the accused person may be given in evidence if the witness be dead or the Court be satisfied that for any sufficient cause his attendance cannot be procured.

370. Any document purporting to be a report from the Chemical Examiner to Government upon any matter or thing duly submitted to him for examination or analysis and report in the course of any criminal trial or in any preliminary enquiry relating thereto, shall be received in evidence at a trial by the Court of Session, if it bear the signature of such Examiner, and no proof of such signature or that the person signing holds such office, shall be requisite unless the Court shall see reason to doubt the genuineness of the document.

tion.

371. The declaration of a deceased person, whether Dying declarait be made in the presence of the accused person or not, may be given in evidence if the deceased person at the time of making such declaration believed himself to be in danger of approaching death, although he entertained at the time of making it hopes of recovery.

372. When the case for the prosecution has been Defence. brought to a close, the accused person shall be called

upon to enter upon his defence, and to produce his

evidence.

examined.

373. The Court, at the close of the evidence on When accused behalf of the accused person if any evidence is adduced person may be on his behalf, or otherwise at the close of the case for the prosecution, may put any question to the accused. person which it may think proper. It shall be in the option of the accused person to answer such question. 374. The accused person or his Counsel or Agent may, at his option, address the Court at the close of the case for the prosecution or at the elose of any evidence that may be adduced on his behalf, or if any question shall be put to the accused person by the Court, after such question shall have been so put.

When accused

may address

the Court.

375. The accused person shall be allowed to examine Witness for the any witness not previously named by him if such wit- defence. ness be in attendance, but he shall not be entitled of right to have any other witness summoned than the witnesses named in the list delivered to the Magistrate by whom he was committed or held to bail for trial, except as provided in Section 246 of this Act.

376. If any evidence is adduced on behalf of the ac- Prosecutor's cused person, or if he answers any question put to him right of reply. by the Court, the prosecutor, or the Counsel or Agent

for the prosecution, shall be entitled to a reply.

377. The Court may in its discretion, from time to Adjournment. time, adjourn the trial as may be necessary.

378. In the event of the adjournment of a trial by Jury or with the aid of Assessors, the Jury or Assessors shall be required to attend at the adjourned sitting, and at every subsequent sitting until the conclusion of the trial; and any Juror or Assessor who shall without lawful excuse fail so to attend, shall be liable to

Jury or Assessors to attend at adjourned sitting.

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