Posted October 16, 2013 by advocateguru in Learning Centre

General provisions as to inquires and trials

Chapter XXIV, section 300-327 talks of the general provisions to be followed for inquires and trials. Section 300 talks that a person once convicted or acquitted not to be tried for same offence. However, the dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Section 301 states that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. Section 302 provides that the Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector but the general rule stays that no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission. This part of the code talks about right of the accused, legal aid to accused at State expense in certain cases, procedure when corporation or registered society is an accused, pardon, power to postpone or adjourn proceedings, procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed, trial of persons previously convicted of offences against coinage, stamp law or property, court to be open, procedure when Magistrate cannot pass sentence sufficiently severe.