Law: Criminal Procedure Code (V of 1898)

Section: 208, 209, 210, 342

(a) Criminal Procedure Code (V of 1898), Ss. 208, 209, 210 - Commitment proceedings - Charges - Evidence for defence, production of--Evidence on behalf of accused, if wanted by accused to be produced-Must be recorded before Magistrate proceeds to frame charge. It is provided in section 208 of the Code of Criminal Pro cedure that the Magistrate shall take all such evidence as may be produced in support of the prosecution or on behalf of the accused, or as may be called for by the Magistrate and that under section 209 when such evidence has been taken, and he has (if necessary) examined the accused for the purpose of enabling him to explain any circumstances appearing in the evidence against him, such Magistrate shall, it' he finds that there are not sufficient grounds for committing the accused person for trial, record his reasons and discharge him, unless it appears to him that such person should be tried before himself or some other Magistrate, in which case he shall proceed accordingly. However, if the Magistrate is satisfied that there are sufficient grounds for committing the accused for trial, he, under section 210, Cr. P. C. has to frame a charge. It is, therefore, manifest that before the Magistrate has framed the charge he shall record also the evidence on behalf of the accused. If the Magistrate framed the charge against the accused without recording the evidence which he wanted to produce his order would have been exceptionable. (b) Court-Verbal direction of-Judges have to speak only through their (written) orders and judgments-To set aside or declare an oral order as invalid-Unknown to superior Courts. The Judges have to speak only through their orders and judgments. To set aside or declare an oral order as invalid is a thing unknown to the superior Courts. (c) Criminal Procedure Code (V of 1898), S. 342-Examination of accused-Enquiry Magistrate in commitment proceedings com petent to put any question to accused at any stage -Order of Magis trate to examine accused after close of prosecution evidence ---Not open to any exception-Adherence to provisions of S. 342 by committing Magistrate and examination of accused after close of prosecution…