December 16, 2014
Commitment of case to Court of Session when offence is triable exclusively by it
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall-
- commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;
- subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
- send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
- notify the Public Prosecutor of the commitment of the case to the Court of Session.
December 16, 2014
Postponement of capital sentence on pregnant woman
If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life.
December 16, 2014
Supply of copies of statements and documents to accused in other cases triable by Court of Session
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:
- the statements recorded under section 200 or section 202, or all persons examined by the Magistrate;
- the statements and confessions, if any, recorded under section 161 or section 164;
- any documents produced before the Magistrate on which the prosecution proposes to rely:
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.
December 16, 2014
Supply to the accused of copy of police report and other documents
In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:
- the police report;
- the first information report recorded under section 154;
- the statements recorded under Sub-Section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under Sub-Section (6) of section 173;
- the confessions and statements, if any, recorded under section 164;
- any other document or relevant extract thereof forwarded to the Magistrate with the police report under Sub-Section (5) of section 173:
Provided that the Magistrate may, after perusing any such pan of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.
December 16, 2014
Execution of sentence of death passed by High Court
When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.
December 16, 2014
Execution of order passed under section 368
When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.