Vol. 12 · pages 431–435

410 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 25. Appellate Criminal Jurisdiction.—High Court shall be a Court of appeal from the Criminal Courts in the Presidency and from all other Courts subject to its superintendence, and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said High Court by virtue of any law now in force. Sentence on Escaped Convict Section 396. (1) When a sentence is passed on escaped convict, such sentence, if of death, or fine or whipping shall subject to the provisions hereinafter contained, take effect immediately, and if on imprisonment, penal servitude or transportation, shall take effect according to the following rules, that is to say— (2) If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately. (3) When the new sentence is not severer in its kind than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment, penal servitude or transportation, as the case may be, for a further period equal to that which at the time of his escape remained unexpired of his former sentence. Explanation : for the purposes of this Section : (a) a sentence of transportation or penal servitude shall be deemed severer than a sentence of imprisonment. (b) a sentence of imprisonment with solitary Confinment shall be deemed severer than a sentence same description of imprisonment with solitary comfinement; and (c) a sentence of rigorous imprisonment shall be deemed severer man a sentence of simple imprisonment with or without solitary confinement. 397. Sentence on a person already undergoing sentence.— When a person already undergoing a sentence of imprisonment, penal servitude or transportation is sentenced to imprisonment,

411THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA penal servitude or trasportation, such imprisonment, penal servitude or transportation shall commence at the expiration of the imprisonment, penal servitude or trasportation to which he has been previously sentenced unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that, if he is undergoing a sentence of imprisonment, and the sentence on such subsequent conviction is one of transportation, the Court may, in its discretion, direct that the latter sentence shall commence immediately, or at the expiration of the imprisonment to which he has been previously sentenced : Provided, further, that where a person, who has been sentenced to imprisonment by an order under Section 123 in default of furnishing security, is whilst undergoing such sentence sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. 398. (1) Nothing in Section 396 of 397 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction. (2) 399. Confinment of youthful offenders in Reformatories. (Page left blank in MS.—ed.) Suspensions, Remissions and Commutations of Sentences (Page left blank in MS.—ed.) Section 401 Governor-General in Council or Local Government may suspend or remit on conditions or without conditions any sentence. (Page left blank in MS.—ed.) Section 402 Power to commute sentences for any other mentioned (Page left blank in MS.—ed.)

412 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES IV. Conferment, Continuance and Cancellation of Powers Section 39 (1) In conferring powers under this Code, the Local Government may, by order, empower persons specially by name or in virtue of their office or classes of officials generelly by their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered. Section 40 Whenever any person holding an office in the service of Government who has been invested with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature within a local area under the same Local Government, he shall, unless the Local Government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed. Section 41 (1) The Local Government may withdraw all or any of the powers conferred under this code on any person by it, or by any officer subordinate to it. (2) Any powers conferred by the District Magistrate may be withdrawn by the District Magistrate. Statement made by a witness in deposition is not a complaint. (Page left blank in MS.—ed.)

PART II Trial of an Offender I. TAKING COGNIZANCE OF AN OFFENCE When an offence has been committed, there are three ways in which the Magistrate can take cognizance of an offence. Section 190 (a) upon receiving a complaint of facts which constitute such offence. (b) upon a report in writing of such facts made by any police-officer. (c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion, that such offence has been committed. A. Complaints to Magistrates. 1. Definition of a complaint. = means the allegation made orally or in writing to a Magistrate, with a view to his taking action under the Cr. P. C. that some person, whether known or unknown, has committed an offence, but it does not include the report of a police-officer. Complaint must allege that an offence has been committed. An application for taking action under Section 107 is not a complaint. Complaint must be with Magistrate ; it must be with a view to his taking action. Mere statement to a Magistrate by way of information without any intention of asking him to take action, is not a complaint.

414 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES e.g. An Assistant Collector writing to the District Magistrate complaining against a party but merely ‘solicited for orders’, did not amount to a complaint. 40 All. 641 It must be with a view to taking action under this Code. A statement made to a Magistrate with the object of inducing him to take action not under this Code, but under Section 6 of the Bombay Gambling Act IV of 1887, is not a complaint within the meaning of this Section. 15 Cr. L. F. 657 II. WHO MAY COMPLAIN As a general rule the person aggrieved is the complainant. But the complainant is not an essential party for initiation of criminal proceedings. The Magistrate can act upon information received or upon his own knowledge. Although, if he does so act, he shall be bound by the provisions of Section 491. But there are exceptions to the general Rule. These exceptions will be found in Sections 195 to 199-A. Section 195 deals with (a) Prosecution for contempts of lawful authority of public servants. (b) Prosecution of certain offences against public justice. (c) Prosecution of certain offences relating to documents given in evidence. In cases coming under (a) No courts shall take cognizance except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate. In cases coming under (b) No court (shall take cognizance)* except on the complaint in writing of such Court or of some other Court to which such Court is subordinate. * Inserted—ed.