CrPC 326 — Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Code of Criminal Procedure, 1973

Statutory text

(1) Whenever any

[Judge  or Magistrate], after  having  heard and recorded the  whole  or any part of  the
evidence  in  any  enquiry  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  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 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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