Vol. 12 · pages 441–445

420 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 166 Police officer can cause search to be made within the area of another police station. Section 167 If the investigation cannot be completed within 24 hours fixed by Section 61, and there are grounds for believing that the accusation or information is well founded, the Police shall forthwith transmit to the nearest Magistrate, a copy of the entries in the diary hereinafter prescribed relating to the case and shall, at the time, forward the accused to such jurisdiction. (2) The Magistrate shall, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding 15 days. (3) A Magistrate authorising detention in police custody shall record reasons for so doing. Section 169 When police officer finds that there is not sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to Magistrate he shall release him on his executing a bond with or without sureties to appear if and when so required , before a Magistrate empowered to take cognizance. Section 170 (1) When police officer finds that there is sufficient evidence or reasonable ground, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance. (2) Along with this, he shall send article necessary to be produced before Magistrate and shall require complainant and witnesses, to execute a bond to appear before Magistrate. Section 173 The police officer shall send a report giving names of parties, information each is responsible for. Accused is entitled to a copy of the report. Exemption of accused from attendance. Section 205 ; 366 ; 424 ; 6 All. 59 : 21 Cal. 588

421THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 205.—Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. (21) But the Magistrate may call accused at any time. Section 366. —Time of Judgement. Should be read in the presence of the accused unless it is dispensed with and the sentence is of fine only. Section 424. —Judgement by appellate Court. Accused need not be called to hear judgement. II. Of how many offences can the Court take cognizance of at one trial Joinder of Charges Sections 233, 234, 235 Section 233. 1. Every offence shall be tried separately. A is accused of theft on one occasion and of causing grievious hurt on another occasion. A must be tried separately for the two offence. He cannot be tried for both at one trial. There are exceptions to this general proposition. Section 234 Three offences of the same kind may be tried at one trial if they are committed within the space of twelve months, irrespective of the question whether they are committed against the same person or not. Offences of the same kind = Offences punishable with the same amount of punishment under the same section of the I. P. C. or of any special or local law. 2. Must not exceed three. Joinder of charges of three of fences under section 411 and three offence sunder 414 is bad. Three offences of forgery and three offences of breach of trust bad. 1. Same kind. Adultery and bigamy Murder and hurt not same Forgery and giving false evidence

422 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The rule as to kind is subject to two proviso. (1) Offences under Section 379 (Theft) and under Section 380 (Theft in a dwelling house) shall be deemed to be offences of the same kind even though they are not offences under the same section and the punishment for them is not identical. (1) The offence and the attempt to commit that offence (Section 511 I. P. C.) shall be deemed to be offences of the same kind even though they are not offences under the same section and the punishment for them is not identical. Section 235 (2) When an act constitutes an offence under two or more separate definations of any law defining or punishing offences the person accused of them may be tried at one trial for each of such offences. Section 235 (3) When an act, which by itself constitutes an offence, constitute when combined with another a different offence. The person accused of them may be tried at one trial for the offences, constituted by such act when combined, and for any offences constituted by the act when taken by itself. This is so when the act or acts done by the accused constitutes a single offence. But it may be, that the acts done by the accused constitute more than one offence i.e. show that a plurality of offences have been committed. Can the accused be tried for all such offences at one trial ? Or must he be tried separately for each offence ? The rules as to this will be found in Section 235 (1) If the acts amounting to different offences are committed by the accused in the course of the same transaction, then he may be tried at one trial for every such offence.

423THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 1. Same transaction In deciding whether acts constituting an offence are so connected as to form one and the same transaction, the determining factor is not so much proximity in time as continuity and community of purpose and object. A mere interval of time between the commission of one offence and another does not by itself import want of continuity, though length of interval may be an important element in determining the question of connection between the two. 2. There is no limit to the number of offences that can be tried together. III. Of how many offenders can the Court try at one trial Joinder of Accused Section 239 The following persons may be charged and tried together : (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence; (c) persons accused of more than one offence of the same kind within the meaning of Section 234 committed by them jointly within the period of twelve months; (d) persons accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, or criminal misappropriation, and (f) persons accused of receiving or retaining, or assisting in the disposal or concealment of property, the possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or persons accused of abetment of or attempting to commit any such last-named offence.

424 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (f) persons accused of offences under sections 411 and 414 of the I. P. C. or either of those sections in respect of stolen property, the possession of which has been transferred by one offence. (g) persons accused of any offence under Chapter XII of the I. P. C. relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence. NOTE.—The foundation for the procedure of joint trial of different persons is their association from start to finish to attain the same end. The fact that they carried out their scheme by successive acts done at intervals does not prevent the unity of the project from constituting the series of acts one transaction i.e. the carrying through of the same object which they had from the first act to the last. 20 cal. 358 5 Mad. 199 IV. Securing the presence of the accused and the witness Although the Court has taken cognizance of an offence, the actual criminal proceedings can commence only when the accused and the witnesses are present in Court, the one to answer the charge and the other to give evidence. How are they to be brought before the Court ? Section 104 I. When cognizane is taken on police report based on investigation conducted under Section 173, the accused and witnesses are already before the Court. II. When cognizance is taken otherwise than on police report under Section 173, the accused and the witnesses are not before the Court. They have to be brought before the Court. What is the process for bringing them before the Court ? The Criminal Procedure Code contemplates two such processes.