Sanhita.ai

Code of Criminal Procedure

(CRPC)

Conviction or commitment on evidence partly recorded by one

Chapter 24: General Provisions As To Inquiries And Trials

Section: 326

[Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate" (w.e.f. 18.12.11978).] and partly by another. - (1) Whenever any [Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate" (w.e.f. 18.12.11978).], after having heard and recorded 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] [Substituted by Act 45 of 1978, Section 27, for "Magistrate" (w.e.f. 18.12.11978).] who has and who exercises such jurisdiction, the [Judge or Magistrate] [Substituted by Act 45 of 1978, Section 27, for "Magistrate" (w.e.f. 18.12.11978).] 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] [Substituted by Act 45 of 1978, Section 27, for "Magistrate" (w.e.f. 18.12.11978).] 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] [Substituted by Act 45 of 1978, Section 27, for "from one Magistrate to another Magistrate" (w.e.f. 18.12.1978).], 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.

RAJASTHAN.- (a) In sub-section (1) for "Magistrate", wherever occurring the "Judge or Magistrate" shall be substituted.(b) In sub-section (2), before the words "from one Magistrate to another Magistrate" the words "From one Judge to another Judge, or" shall be inserted. [vide Raj. Act No. 10 of 1977, Section 3 w.e.f. 3.3.1977].UTTAR PRADESH.- In sub-section (1) for "Magistrate", substitute "Judge or Magistrate"; in sub-section (2), before the words "from one Magistrate to another Magistrate" insert the words "from one Judge to another Judge, or". [U.P. Act No. 16 of 1976, Section 8 w.e.f. 1.5.1976]

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