Section 138
Procedure in inquiries preparatory to committal
(1)
In the case of persons charged with any of the following offences -
(a)
offences against the State, as defined in Chapter VI of the Penal Code (Chapter 22);
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murder;
(c)
any offence in respect of which the punishment of death is authorised by law, a preliminary inquiry shall be held by a Magistrate with a view to the committal of the accused person for trial before the High Court.
(2)
A preliminary inquiry shall also be held unless the Public
Prosecutor otherwise directs whenever a person is accused of an offence which the Public Prosecutor has by declaration published in the Gazette declared to be an offence to which this subsection applies or if, in the case of an offence other than the foregoing if which a person may be accused, the
Public Prosecutor directs that a preliminary inquiry shall be held in respect of such offence.
(3)
All other cases shall be tried summarily.
(4)
The provision of section 141 is not deemed to authorise a
Magistrate to try any charge relating to an offence in respect of which a preliminary inquiry requires to be held by virtue of this section.