Section 140

When the accused person is brought before him, the

Magistrate shall proceed to hear the case for the prosecution and to take all such evidence as may be produced in support thereof and such other evidence as the Magistrate may think fit to call for.

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The accused person shall be allowed to cross-examine the witnesses for the prosecution, and in such case the prosecutor may re-examine them.

Nothing in this section shall prevent evidence being produced in support of the prosecution or called for by the Magistrate at any stage of the proceedings; provided that an opportunity is given to the accused to cross-examine and to answer and rebut such evidence.

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If the Magistrate calls for other evidence than that produced in the case for the prosecution, he shall record the fact on the depositions stating shortly the nature of the evidence he has called for.

If the officer or other person conducting the prosecution applies to the Magistrate to issue process to compel the attendance of any witness or the production of any document or other thing, the Magistrate shall issue such process unless for reasons to be recorded he deems it unnecessary to do so.

When accused person to be discharged 141.

( 1 ) When the evidence referred to in section 140 has been taken and he has, if he thinks fit, examined the accused under section 220 for the purposes of enabling him to explain any circumstance appearing against him in the evidence, the Magistrate shall if he finds that there are not sufficient grounds for committing the accused person for trial discharge him, unless it appears to the Magistrate that such person should be tried before himself or before some other Magistrate in which case he shall either -

order the accused to be tried before some other

Magistrate.

If the Magistrate takes action under subsection (l)(a) it shall not be necessary for the Magistrate to recall and re-examine the witnesses for the prosecution, but the accused may require that any witness called for the prosecution may be recalled for further cross-examination.

Nothing in this section is deemed to prevent a Magistrate a from discharging the accused at any previous stage of the case if for reasons

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When the Magistrate is of opinion that there are peculiar difficulties of circumstances connected with the case or whenever he shall be so directed by a superior Court, he may remand the accused or admit him to bail and he shall forthwith send the depositions to such superior Court for instructions.

When charge to be framed 142.

If after taking the evidence for the prosecution the Magistrate is of opinion that on the evidence as it stands there are suficient grounds for committing the accused for trial, he shall frame a charge under his hand declaring with what offence or offences the accused is charged.

As soon as the charge has been framed, it shall be read and explained to the accused and the Magistrate shall say to him these words or words to the same effect -

"Having heard the evidence against you, do you wish to say anything in answer to the charge? You are at liberty to make your defence now or you may reserve your defence until your trial before the High Court. You are not bound to say anything unless you wish to do so, but if you elect to make your defence now, any statement you may make or evidence you may give will be taken down in writing and may be put in at your trial".

A copy of the charge shall, if he so require, be given to the accused free of charge.

Committal of accused if defence reserved. Hearing and evidence for defence 143.

If the accused elects to reserve his defence, he shall forthwith be committed for trial before the High Court.

If the accused elects to make his defence before the

Magistrate, the Magistrate shall explain to him the provisions of section 22 1.

The statement made by the accused, if any, shall be taken down in writing and read over to him and shall be signed by the Magistrate and kept with the depositions and transmitted with them as hereinafter mentioned.

The evidence of the accused if he tenders himself as a witness in his own behalf in lieu of making a statement under subsection (2) and of any witnesses whom he may desire to call shall then be taken.

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The accused shall be a competent witness in his own behalf in all inquiries under this Chapter.

If the accused applies to the Magistrate to issue process to compel the attendance of any witness or the production of any document or other thing, the Magistrate shall issue such process unless for reasons to be recorded he deems it unnecessary to do so.

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Discharge or committal of accused 144.

When the evidence referred to in section 143 has been taken, the

Magistrate shall -

When the accused has been committed for trial under section 143 or 144, the Magistrate shall require him to give orally or in writing a list of the names and so far as practicable the addresses of the persons, if any, whom he wishes to be summoned to give evidence on his trial, whether such persons have given evidence before the Magistrate or not, and shall record that he has so done.

If the Magistrate thinks that any witness is included in the list mentioned in subsection (1) for the purpose of vexation or delay or of defeating the ends of justice, he may require the accused to satisfy him that there are reasonable grounds for believing that the evidence of such witness a is material and if he is not so satisfied may remove the name of such witness from the list, recording his reason for such action, or may require such sum to be deposited as the Magistrate thinks necessary to defray the expense of obtaining the attendance of such witness at the trial.

The list of witnesses, as finally determined, shall be included in the record.

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The accused may at any time before his trial give to the

Magistrate, or, if he is in custody, to the officer in charge of the prison for

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The Magistrate on receiving such list and statement shall issue summonses to compel the attendance of such witnesses at the trial.

The Magistrate shall also issue summonses to compel the attendance at the trial of all the witnesses included in the list framed under subsection (1).

Bond of witnesses 146.

Witnesses for the prosecution and defence whose attendance is necessary at the trial before the High Court and who appear before the committing Magistrate shall be bound over by him to be in attendance when called upon to give evidence at such trial and may in the discretion of the

Magistrate be required to execute bonds and to find sureties for the observance of such bonds.

If any witness refuses to execute the bond, the Magistrate may commit him to prison until the trial or until he gives satisfactory security that he will give evidence at the trial.

Record to be forwarded to trial Court 147.

When the accused is committed for trial, the committing

Magistrate shall send the original record and any document, weapon or other thing which is to be produced in evidence to the Court to which the accused is committed.

Any such thing which, from its bulk or otherwise, cannot conveniently be forwarded, may remain in the custody of the police.

A list of all exhibits with a note of their distinguishing marks and showing which of such exhibits are forwarded with the record and which remain in the custody of the police, shall be sent with the record.

The record shall comprise the following particulars -

the date of the commission of the offence;

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the order made;

the charge;

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the list of witnesses given by the accused.