Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. Court to be open. Section 326 and 327 of Code of Criminal Procedure 1973
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another and Court to be open are defined under Section 326 and 327 of CRPC 1973. Provision under these sections are:
Section 326 of CRPC "Conviction or commitment on evidence partly recorded by one Magistrate and partly by another"
(1) Whenever any 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 Judge or Magistrate who has and who exercises such jurisdiction, the 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 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
(2) When a case is transferred under the provisions of this Code 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.
Rajasthan & Uttar Pradesh :-(a) In sub-section (1) for the words "Magistrate" wherever occurring substitute the words "Judge or Magistrate".
(b) In sub-section (2) before the words "from the Magistrate to another Magistrate" insert the words "from one Judge to another Judge" Raj Act 10 of 1977, w.e.f. 3-9-1977 and U.P. Act 16 of 1976 w.e.f. 1-5-1976.
Section 327 of CRPC "Court to be open"
(1) The place in which any Criminal Court is held for the
purpose of inquiring into, or trying any offence shall be
deemed to be an open Court, to which the public generally
may have access, so far as the same can conveniently contain
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 320 of Code of Criminal Procedure 1973 - What are the compoundable offences under CRPC 320, which are compoundable with out the permission of the court? Offences under Section 298, 323, 334, 341, 342, 352, 355, 358, 426, 427, 447, 448, 491, 497, 498, 500, 501, 502, 504, 506, 508 of Indian Penal Code
Offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table. Section 320 of Code of Criminal Procedure 1973
What is the Procedure in cases which Magistrate cannot dispose of? What is the Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed? Section 322 and 323 of Code of Criminal Procedure 1973
How is the Trial of persons previously convicted of offences against coinage, stamp-law or property? What is the Procedure when Magistrate cannot pass sentence sufficiently severe? Section 324 and 325 of Code of Criminal Procedure 1973