Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
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Summary
When a Judge or Magistrate who has recorded all or part of the evidence stops exercising jurisdiction and is succeeded by another who takes charge, the successor may act on the evidence already recorded. If further questioning is needed in the interests of justice, the successor may re-summon witnesses for further examination, cross-examination and re-examination. A transfer under the Code counts as such succession. Not applicable to summary trials or to cases stayed under section 322 or sent under section 325.
Example
Priya files an FIR and the first magistrate records evidence of two neighbours but is then transferred before the trial finishes. The new magistrate can proceed using those recorded statements, but may re-summon a neighbour for further examination if more questioning is needed in the interests of justice.
Bare Act
Enacted text(1) Whenever any Judge or Magistrate after having heard and recorded the whole or any part of the evidence in an 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 of 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 opinion that further examination of any of the witness 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 Code 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 322 or in which proceedings have been submitted to a superior Magistrate under section 325.
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