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 be discharged.

(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.

STATE AMENDMENTS

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 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.

(2) Notwithstanding anything contained in sub- section (1), the inquiry into and trial of rape or an offence under Section 376, Section 376-A, Section 376-B, Section 376-C or Section 376-D of the Indian Penal Code (45 of 1860) shall be conducted in camera :

Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in the room or building used by Court.

(3) Where any proceedings are held under sub- section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court.

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