marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XXV - PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Section 335 – Person acquitted on such ground to be detained in safe custody
Whenever the finding states that the accused person committed the act alleged, the magistrate or Court before whom or which the trial has been held shall, if such act would, but for the incapacity found have constituted an offence,order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; ororder such person to be delivered to any relative or friend of such person.No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of Sub-Section (1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912).No order for the delivery of the accused to a relative or friend shall be made under clause (b) of Sub-Section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall-be properly taken care of and prevented from doing injury to himself or to any other person;be produced for the inspection of such officer, and at such times and places, as the State Government may direct.The Magistrate or Court shall report to the State Government the action taken under Sub-Section (1).
CHAPTER XXV - PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Section 336 – Power of State Government to empower officer in charge to discharge
The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 of section 338.
CHAPTER XXV - PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Section 337 – Procedure where lunatic prisoner is reported capable of making his defence
If such person is detained under the provisions of Sub-Section (2) of section 330, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.
CHAPTER XXV - PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Section 338 – Procedure where lunatic detained is declared fit to be released
If such person is detained under the provisions of Sub-Section (2) of section 330, or section 335 and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum: and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.
CHAPTER XXV - PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Section 339 – Delivery of lunatic to care of relative or friend
Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall-be properly taken care of and prevented from doing injury to himself or to any other person;be produced for the inspection of such officer, and at such times and places, as the State Government may direct;in the case of a person detained under Sub-Section (2) of section 330, be produced when required before such Magistrate or Court,order such person to be delivered to such relative or friend.If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of Sub-Section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the magistrate or Court, and, upon such production the magistrate or Court shall proceed in accordance with the provisions of section 332, and the certificate of the inspecting officer shall be receivable as evidence.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 340 – Procedure in cases mentioned in section 195
When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of Sub-Section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-record a finding to that effect;make a complaint thereof in writing;send it to a Magistrate of the first class having jurisdiction;take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate; andbind over any person to appear and give evidence before such Magistrate.The power conferred on a Court by Sub-Section (1) in respect of an offence may, in any case where that Court has neither made a complaint under Sub-Section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of section 195.A complaint made under this section shall be signed,-where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.In this section, “Court” has the same meaning as in section 195.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 341 – Appeal
Any person on whose application any Court other than a High Court has refused to make a complaint under Sub-Section (1) or Sub-Section (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of Sub-Section (4) of section 95, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.An order under this section and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 342 – Power to order Court
Any Court dealing with an application made to it for filing a complaint under section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 343 – Procedure of Magistrate taking cognizance
A Magistrate to whom a complaint is made under section 340 or section 341, shall, notwithstanding anything contained in Chapter XV proceed, as far as may be, to deal with the case as if it were instituted on a police report.Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 344 – Summary procedure for trial for giving false evidence
If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.Nothing in this section shall affect the power of the Court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section.Where, after any action is initiated under Sub-Section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that Sub-Section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 345 – Procedure in certain cases of contempt
When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and may at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender as well as the finding and sentence.If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 346 – Procedure where Court considers that case should not be dealt with under section 345
If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345 such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate.The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 347 – When Registrar or Sub-Registrar to be deemed a Civil Court
When the State Government so directs, any Registrar or any Sub-Registrar appointed under the *** Registration Act, 1908 (16 of 1908), shall be deemed to be a civil Court within the meaning of sections 345 and 346.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 348 – Discharge of offender on submission of apology
When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any international insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court or on apology being made to its satisfaction.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 349 – Imprisonment or committal of person refusing to answer or produce document
If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 350 – Summary procedure for punishment for non-attendance by a witness in obedience to summons
If any witness being summoned to appear before a Criminal Court 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 interests 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.In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 351 – Appeals from convictions under sections 344, 345, 349 and 350
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.The provisions of Chapter XXIX shall, so far as they arc applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.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.An appeal from such conviction by any Registrar of 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 of Sub-Registrar is situate.
CHAPTER XXVI - PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 352 – 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.
CHAPTER XXVII - THE JUDGMENT
353 - Judgement
The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,by delivering the whole of the judgment; orby reading out the whole of the judgment: orby reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.Where the judgment is delivered under clause a) of Sub-Section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court.Where the judgment or the operative part thereof is read out under clause b) or clause c) of Sub-Section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court and if it is not written with his own hand, every page of the judgment shall be signed by him.Where the judgment is pronounced in the manner specified in clause c) of Sub-Section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.If the accused is in custody, he shall be brought up to hear the judgment pronounced.If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:Provided that, where there are more accused than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465
CHAPTER XXVII - THE JUDGMENT
354 - Language and content of judgements
Except as otherwise expressly provided by this Code, every judgment referred to in section 353,shall be written in the language of the Court;shall contain the point or points for determination, the decision thereon and the reasons for the decision;shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is convicted and the punishment to which he is sentenced;if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.When the conviction is for an offence punishable with dealt or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.When the conviction is for an offence punishable with imprisonment for a term of one year of more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the ease was tried summarily under the provisions of this Code.When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.Every order under section 117 or Sub-Section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
CHAPTER XXVII - THE JUDGMENT
355 – Metropolitan Magistrate’s Judgment
Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:the serial number of the case;the date of the commission of the offence;the name of the complainant (if any);the name of the accused person, and his parentage and residence;the offence complained of or proved;the plea of the accused and his examination (if any);the final order;the date of such order;in all cases in which an appeal lies from the final order either under section 373 or under Sub-Section (3) of section 374, a brief statement of the reasons for the decision.