Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
AI Assist
Summary
Where a Judge or Magistrate who has recorded part or all of the evidence is succeeded, the successor may act on the evidence already recorded. The successor may re-summon any recorded witness for further examination, cross-examination and re-examination if required in the interests of justice, before discharging them. Transfers are treated as such succession. Not applicable to summary trials or to matters stayed under section 361 or sent to a superior Magistrate under section 364.
Example
Priya’s theft case began before one Magistrate who recorded the shopkeeper’s evidence and was then transferred. The new Magistrate can rely on the recorded testimony, but if they think more questioning is needed they may re-summon the shopkeeper, allow further examination and then discharge the witness.
Bare Act
Enacted text(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.
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