marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
CHAPTER XVII - THE CHARGE - B - Joinder of charges
Section 218 – Separate charges for distinct offences
For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately:Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby the Magistrate may try together all or any number of the charges framed against such person.Nothing in Sub-Section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223.IllustrationA is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
CHAPTER XVII - THE CHARGE - B - Joinder of charges
Section 219 – Three offences of same kind within year may be charged together
When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws:Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
CHAPTER XVII - THE CHARGE - B - Joinder of charges
Section 221 – Where it is doubtful what offence has been committed
If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of Sub-Section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.IllustrationsA is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property or criminal breach of trust or cheating.In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence.A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot to be proved which of these contradictory statements was false.
CHAPTER XVII - THE CHARGE - B - Joinder of charges
Section 222 – When offence proved included in offence charged
When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may he convicted of the minor offence, although he is not charged with it.When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.IllustrationsA is charged under section 407 of the Indian Penal Code (45 of 1860) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406.A is charged under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.
CHAPTER XVII - THE CHARGE - B - Joinder of charges
Section 223 – What persons may be charged jointly
The following persons may be charged and tried together, namely:-persons accused of the same offence committed in the course of the same transaction;persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;persons accused of different offences committed in the course of the same transaction;persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence;persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Sessions may, if such persons by an application in writing, so desire, and if he is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.
CHAPTER XVII - THE CHARGE - B - Joinder of charges
Section 224 – Withdrawal of remaining charges on conviction on one of several charges
When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 225 – Trial to be conducted by Public Prosecutor
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 226 – Opening case for prosecution
When the Accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 227 – Discharge
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 228 – Framing of charge
If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;is exclusively triable by the Court, he shall frame in writing a charge against the accused.Where the Judge frames any charge under clause (b) of Sub-Section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 229 – Conviction on plea of guilty
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 230 – Date for prosecution evidence
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 231 – Evidence for prosecution
On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 232 – Acquittal
If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 233 – Entering upon defence
Where the accused is not acquitted under section 232 he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.If the accused puts in any written statement, the Judge shall file it with the record.If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 234 – Arguments
When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 235 – Judgment of acquittal or conviction
After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 236 – Previous conviction
In a case where a previous conviction is charged under the provisions of Sub-Section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.
CHAPTER XVIII - TRIAL BEFORE A COURT OF SESSION
Section 237 – Procedure in cases instituted under section 199(2)
A Court of Session taking cognizance of an offence under Sub-Section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate:Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union Territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.Compensation awarded under Sub-Section (4) shall be recovered as if it were a fine imposed by a Magistrate.No person who has been directed to pay compensation under Sub-Section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.The person who has been ordered under Sub-Section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed or, if an appeal is presented, before the appeal has been decided.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - A - Cases instituted on a police report
Section 238 – Compliance with section 207
When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - A - Cases instituted on a police report
Section 239 – When accused shall be discharged
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - A - Cases instituted on a police report
Section 240 – Framing of charge
If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion could be adequately punished by him, he shall frame in writing a charge against the accused.The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - A - Cases instituted on a police report
Section 241 – Conviction on plea of guilty
If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - A - Cases instituted on a police report
Section 242 – Evidence for prosecution
If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241 the Magistrate shall fix a date for the examination of witnesses.Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police.The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing,On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution:Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - A - Cases instituted on a police report
Section 243 – Evidence for defence
The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.The Magistrate may, before summoning any witness on an application under Sub-Section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - B - Cases instituted otherwise than on police report
Section 244 – Evidence for prosecution
When, in any warrant-case instituted otherwise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - B - Cases instituted otherwise than on police report
Section 245 – When accused shall be discharged
If, upon taking all the evidence referred to in section 244 the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - B - Cases instituted otherwise than on police report
Section 246 – Procedure where accused is not discharged
If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make.If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon.If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under Sub-Section (3) he shall be required to stale, at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any, and if so, which, of the witnesses for the prosecution whose evidence has been taken.If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged.The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination (if any), they shall also be discharged.
CHAPTER XIX - TRIAL OF WARRANT-CASES BY MAGISTRATES - B - Cases instituted otherwise than on police report
Section 247 – Evidence for defence
The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 243 shall apply to the case.