Vol. 12 · pages 451–455

430 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 86 They shall then direct his removal in custody to the Court issuing the warrant Effect of Non-execution of the warrant of arrest. Section 87 If the person is absconding, such Court may publish a written proclamation requiring him to appear at a specified place and at a specific time not less than 30 days from the date of publishing such proclamation. (2) How to publish the Proclamation. (a) It shall be read in the place in which he ordinarily resides. (b) It shall be affixed to some conspicuous part of the house in which he resides. (c) A copy of it affixed to the Court house. Section 88 The Court issuing a proclamation under Section 87 may at any time order the attachment of any property moveable or immoveable or both, belonging to the proclaimed person. (2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made. Section 89 Restoration of attached property If the person appears within 2 years after the date of the order of attachement and satisfies (1) That he did not abscond or conceal himself and (2) that he had not such knowledge of the proclamation as to enable him to appear within time— Section 90 Against whom can Warrant be issued ? Ordinarily, one would imagine, that it can be issued only against the accused. But that is not so. The law is that warrant can be issued against any person against whom a summons can be issued except a juror or assessor. This means that a warrant may be issued even against a witness.

431THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Provided: (1) The Court sees reason to believe before the time for appearance that he has absconded or will not obey the summons ; or (2) That at such time he fails to appear, and the summons is shown to have been duly served to enable him to appear in time but he does not appear. Safeguard for continued presence of the Parties called before Court by due process Section 91 When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant is present in such Court, such officer may require such person to execute a bond with or without sureties for his appearance in such Court. Section 92 When any person who is bound by any such bond does not appear, the officer presiding may issue a warrant directing that such person be arrested and produced before him. Besides, the necessity of having before the Court the complainant, the accused and the witnesses. There is also the necessity having before the Court the Corpus deticti, which are the subject matter of the accusation or things which are necessary to prove the accusation. Forged document, person confined We must therefore consider the rules relating to the production of these. I. P RODUCTION OF A DOCUMENT OR A THING. Section 94 Whenever any Court considers the production of any document or thing is necessary or desirable for the purpose of investigation, inquiry or trial or other proceedings before such Court, he may issue a summons to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, at the time or place stated in the summons.

432 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (2) When the summons is merely to produce, he need not attend. Sufficient if he sends it. ****** (Earlier part is not found—ed.) Officer or Judge or in his presence and hearing under his personal direction and superintendence and shall be signed by the Magistrate or Sessions Judge. In cases in which the evidence is not taken down in writing by the Magistrate or Sessions Judge, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall be written and signed by the Magistrate or Sessions Judge with his own hand, and shall form part of the record. Section 363 Sessions Judge and Magistrate shall also record remarks regarding demeanour of the witnesses whilst under examination. Section 360 As the taking down of the evidence of each witness is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the objections made to it by the witness and shall add such remarks as he thinks necessary. Omission to read over is an illegality. II. B EFORE PRESIDENCY MAGISTRATES Section 362 Appealable cases and non-appealable cases. In appealable cases The Magistrate shall take down the evidence of the witnesses with his own hand, or cause it to be taken down in writing from his dictation in open Court.

433THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA All evidence so taken down shall be signed by the Magistrate and shall form part of the record. The Magistrate shall make a memorandum of the substance of the examination of the accused. Such memorandum shall be signed by the Magistrate with his own hand, and shall form part of the record. In non-appealable cases It shall not be necessary for a Presidency Magistrate to record the evidence or frame a charge. Section 359, 362(2), Mode of recording Evidence Evidence shall ordinarily be taken down in the form of a narrative, though the Court may in its discretion take down, or cause to be taken down, any particular question and answer. Exception : Examination of the accused. Section 364 The whole of such examination, including every question put to him and every answer given by him, shall be recorded in full. This does not apply to the record of the examination of the accused by the High Court. II. RECORD IN SUMMARY TRIALS Section 260 1. The District Magistrate. 2. Magistrate 1st class especially empowered in this behalf by the Local Government. 3. Any Bench Magistrate invested with 1st class powers and especially empowered in this behalf by the Local Government may, if he thinks fit, try in a summary way all or any of the following offences:— (a) Offences not punishable with death, transportation or imprisonment for a term exceeding six months and certain other offences mentioned in the Section.

434 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Cases which can be tried summarily may be appealable or non-appealable. Section 263 But they shall enter in such form as the Local Government may direct the following particulars. (a) The serial number. (b) The date of the Commission of the offence. (c) The date of the Report or Complaint. (d) The name of the complainant (if any). (e) The name, parentage and residence of the accused. (f) The offence complained off and the of fence (if any proved) and the value of the property in respect of which the offence is committed. (g) The plea of the accused and his examination if any. (h) The finding and in conviction brief statement of the reasons for it. (i) Sentence or other final order; and (j) The date on which the proceedings terminated. In appealable cases. Section 264 Before passing sentence the Court* shall record a judgement embodying the substance of the evidence and also the particulars required in non-appealable cases. Such judgement shall be the only record in appealable cases. Judgement Section 366 The judgement in every trial in any Criminal Court shall be pronounced, or the substance of such judgement shall be explained; (1) In open Court, either immediately or in subsequent date to be notified. Provided that the whole shall be read if requested by the parties. (2) The accused shall, if in custody, be brought up and if not in custody be brought up to hear judgement delivered. Except where his personal attendance has been dispensed with and the sentence is of fine only or he is acquitted. N. B.— (3) Judgement shall not be read if delivered in absence. * Inserted—ed.