marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 293 – Reports of certain Government scientific experts
Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.Where any such expert is summoned by a Court and he is unable to attend personally, he may unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.This section applies to the following Government scientific experts, namely:-any Chemical Examiner or Assistant Chemical Examiner to Government;the Chief Inspector of Explosives;the Director of the Finger Print Bureau;the Director, Haffkeine Institute, Bombay;the Director 1 [Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory;the Serologist to the Government.any other Government scientific Expert specified by notification by the Central Government for this purpose.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 294 – No formal proof of certain documents
Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document.The list of documents shall be in such form as may be prescribed by the State Government.Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed:Provided that the Court may, in its discretion, require such signature to be proved.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 295 – Affidavit in proof of conduct of public servants
When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 296 – Evidence of formal character on affidavit
The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code.The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 297 – Authorities before whom affidavits may be sworn
Affidavits to be used before any Court under this Code may be sworn or affirmed before-any Judge or any Judicial or Executive Magistrate, orany Commissioner of Oaths appointed by a High Court or Court of Session, orany notary appointed under the Notaries Act, 1952 (53 of 1952).Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 298 – Previous conviction of acquittal how proved
In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any, law for the time being in force,by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order, orin case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered.together with, in each of such cases evidence as to the identity of the accused person with the person so convicted or acquitted.
CHAPTER XXIII - EVIDENCE IN INQUIRIES AND TRIALS - B - Commissions for the examination of witnesses
Section 299 – Record of evidence in absence of accused
If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try or commit for trial such person for the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 301 – Appearance by public prosecutors
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.If any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 302 – Permission to conduct prosecution
Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.Any person conducting the prosecution may do so personally or by a pleader.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 303 – Right of person against whom proceedings are instituted to be defended
Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 304 – Legal aid to accused at State expense in certain cases
Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.The High Court may, with the previous approval of the State Government make rule providing for:the mode of selecting pleaders for defence under Sub-Section (1);the facilities to be allowed to such pleaders by the Courts;the fee payable to such pleaders by the Government, and generally, for carrying out the purposes of Sub-Section (1).The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of Sub-Sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before the Courts of Session.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 305 – Procedure when corporation or registered society is an accused
In this section, “corporation” means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose the inquiry or trial and such appointment need not be under the seal of the corporation.Where a representative of a corporation appears, any requirement of this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined.Where a representative of a corporation does not appear, any such requirement as is referred to in Sub-Section (3) shall not apply.Where a statement in writing purporting to be signed by the managing director of the corporation or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed.If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 306 – Tender of pardon to accomplish
With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any, stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof.This section applies to-any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952).any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.Every Magistrate who tenders a pardon under Sub-Section (1) shall record-his reasons for so doing;whether the tender was or was not accepted by the person to whom it was made,and shall, on application made by the accused, furnish him with a copy of such record free of cost.Every person accepting a tender of pardon made under Sub-Section (1)-shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any;shall, unless he is already on bail, be detained in custody until the termination of the trial.Where a person has accepted a tender of pardon made under Sub-Section (1) and has been examined under Sub-Section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case.-commit it for trial-to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate;to a Court of Special Judge appointed under the Criminal Law Amendment Act 1952 (46 of 1952), if the offence is triable exclusively by that Court;in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 307 – Power to direct tender of pardon
At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 308 – Trial of person not complying with conditions of pardon
Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:Provided that such person shall not be tried jointly with any of the other accusedProvided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence.Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 164 or by a Court under Sub-Section (4) of section 306 may be given in evidence against him at such trial.At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made, in which case it shall be for the prosecution to prove that the condition has not been complied with.At such trial the Court shall-if it is a Court of Session, before the charge is read out and explained to the accused;if it is the Court of a Magistrate before the evidence of the witnesses for the prosecution is taken.ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made.If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall notwithstanding anything contained in this Code, pass judgment of acquittal.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 309 – Power to postpone or adjourn proceedings
In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded;Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section2 376AB, section 376C, section 376D, section 376DA, section 376DB of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of two months from the date of filing of the charge sheet.1If the Court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:Provided further that when witnesses are in attendance no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.Provided also that -no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.ExplanationsIf sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.The terms on which an adjournment or postponement may be granted in include, in appropriate cases, the payment of costs by the prosecution or the accused.1 Criminal Law (Amendment) Act, 20132 Criminal Law (Amendment) Act, 2018
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 310 – Local inspection
Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 311 – Power to summon material witness, or examine person present
Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 311A – Power of Magistrate to order person to give specimen signature or handwriting
If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting:Provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 313 – Power to examine the accused
In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court-may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;shall after the witnesses for the prosecution have been examined and before he is called on for his defence question him generally on the case:Provided that in a summons-case where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).No oath shall be administered to the accused when he is examined under Sub-Section (1).The accused shall not render himself liable to punishment by refusing to answer such question, or by giving false answers to them.The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he had committed.The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.
CHAPTER XXIV - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 314 – Oral arguments and memorandum of arguments
Any party to a proceeding may, as soon as may be after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.A copy of every such memorandum shall be simultaneously furnished to the opposite party.No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.