What is summary procedure for punishment for non-attendance by a witness in obedience to summons? What is appeals from convictions under Sections 344, 345, 349 and 350? What is the meaning of certain Judges and Magistrates not to try certain offences when committed before themselves? Section 350, 351 and 352 of Code of Criminal Procedure 1973

Summary procedure for punishment for non-attendance by a witness in obedience to summons Appeals from convictions under Sections 344, 345, 349 and 350 Certain Judges and Magistrates not to try certain offences when committed before themselves are defined under Section 350, 351 and 352 of CRPC 1973. Provision under these sections are:

 

 

 

Section 350 of CRPC "Summary procedure for punishment for non-attendance by a witness in obedience to summons"

(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of Justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials

 

Section 351 of CRPC "Appeals from convictions under Sections 344, 345, 349 and 350"

(1) Any person sentenced by any Court other than a High Court under Section 344, Section 345, Section 349, or Section 350 may, notwithstanding anything contained in this Code, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

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

(3) An appeal from such conviction by a 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 Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under Section 347 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.

 

Section 352 of CRPC "Certain Judges and Magistrates not to try certain offences when committed before themselves"

Except as provided in Sections 344, 345, 349, and 350, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in Section 195, 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.

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