Section 219
Section 219
(No sections).
Assistance to undefended accused 220.
Without prejudice to section 22 1, if the accused is undefended, the
Court may, in its discretion at the close of the evidence of any prosecution a witness or at any stage prior to the closure of the case for the prosecution, question the accused as to his defence and as to whether or not he wishes to
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Criminal Procedure Code challenge or supplement any part of the prosecution evidence for the following purposes -
(a)
assisting him to cross-examine the witnesses for the prosecution; or
(b)
to enable the Court on behalf of the accused to put to any of such witnesses -
(i)
any defence advanced by the accused;
(ii)
any challenge as to the accuracy of the evidence; or
(iii)
any particular modifying or supplementing the evidence adduced:
Provided that no entry shall be made in the record of any answer made by the accused and that any such answer shall be disregarded except for those purposes.
Case for prosecution to be explained by Court to accused 221.
(1)
At every trial or inquiry, if and when the Court calls upon the accused for his defence, it shall inform and explain to him that he may, if he wishes -
(a)
make an oath or affirmation and give evidence on his own behalf in the witness box upon which he is liable to be cross-examined; or
(b)
remain silent, and that he may in any case call such witnesses on his behalf as he considers fit.
(2)
The Court may also in its discretion, which shall be exercised with due regard to any previous exercise of its discretion under section 220, direct the attention of the accused to such of the evidence of the prosecution which appears to the Court to call for an explanation from the accused.
(3)
(Deleted).
(4)
The foregoing provisions of this section do not apply if the accused is defended by an advocate.
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(5)
The fact that the accused does not give evidence on oath or affirmation may be made the subject of any adverse comment by the prosecution, and the Court may draw such inference therefrom as it thinks just.
Procedure where accused does not understand proceedings 222.
If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial and, in cases other than cases before the High Court, if such inquiry results in a commitment, or if such trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall make therein such order or pass such sentence as it thinks fit.
Power to postpone or adjourn proceedings 223.
(1)
The Court may, by order in writing, postpone or adjourn any inquiry, trial or other proceedings on such terms as it thinks fit and for as long as it considers reasonable, if the absence of a witness or any other reasonable cause makes this necessary or advisable.
(2)
Subject to subsection (3), if the accused is not on bail, the
Court may by a warrant remand him in custody as it thinks fit.
(3)
If it appears likely that further evidence may be obtained by a remand, the Court may so remand the accused in custody for the purpose of any investigation by a law enforcement agency but not for more than 15 days at a time.
(4)
If the accused is on bail, the Court may extend the bail.
(5)
The Court must record in writing the reasons for the
-
postponement or adjournment of the proceedings.
(6)
Whenever a Judge or Magistrate is not available to constitute a Court of requisite jurisdiction any ~ a ~ i s t r a t e may, by order in writing, notwithstanding that he has no jurisdiction in the case, if the circumstances render it necessary so to do, from time to time postpone or adjourn the trial and may remand the accused either in custody or on bail until a Judge or
Magistrate is available as aforesaid.
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(7)
Whenever a Magistrate acts under the provisions of subsection (6), he shall report the fact forthwith to the Judge or Magistrate, as the case maybe, having jurisdiction in the case.
Compounding offences 224.
(1)
The offences punishable under the sections of the Penal Code
(Chapter 22) described in the first two columns of Part A of the table next following may, when no prosecution for such offence is actually pending, be compounded by the person mentioned in the third column of that table; or when a prosecution for such offence is actually pending, be compounded by such person with the consent of the Court before which the case is pending.
(2)
The offences punishable under the sections of the Penal Code
(Chapter 22) described in Part B of the table next following may, with the consent of the Court before which the case is pending, be compounded by the person to whom the hurt has been caused.
(3)
When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.
(4)
When the person who would otherwise be competent to compound an offence under this section is not competent to contract, any person competent to contract on his behalf may compound such offence.
(5)
The composition of an offence under this section shall have the effect of an acquittal of the accused.
(6)
No offence under the Penal Code (Chapter 22) not mentioned in this section shall be compounded.
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Table of offences
PART A
PART B
Offence
Offence
Section of Penal Code applicable
Section of Penal
Code applicable
..............................................................................................
Voluntarily causing grievous hurt
Voluntarily causing grievous hurt on sudden provocation .........................................................
Causing hurt by an act which endangers life ..............................................................................
Causing grievous hurt by an act which endangers life ...............................................................
Person by whom offence may be compounded
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