Vol. 12 · pages 486–490

465THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 439 —contd. an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction. Section 440 No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision : Provided that the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, sub-section (2).

466 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES REFERENCE CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 113 Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the Court, and the High Court, may make such order thereon as it thinks fit. Section 432 A Presidency Magistrate may, if he thinks fit, refer for the opinion of the High Court any question of law which arises in the hearing of any case pending before him, or may give judgment in any such case subject to the decision of the High Court on such reference and, pending such decision, may either commit the accused to jail, or release him on bail to appear for judgment when called upon. Section 433 (1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Magistrate by whom the reference was made, who shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid.

467THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA REVIEW CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 114 Subject as aforesaid, any person considering himself aggrieved— (a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred ; (b) by a decree or order from which no appeal is allowed by this Code, or (c) by a decision on a reference from a Court of Small Causes; may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. No provision for Review.

468 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES APPEALS CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 96 Section 404 (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court. (2) An appeal may lie from an original decree passed ex parte. Section 100 (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to a High Court, on any of the following grounds, namely : (a) the decision being contrary to law or to some usage having the force of law ; (b) the decision having failed to determine some No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. Section 407 (1) Any person convicted on a trial held by any Magistrate of the second or third class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Subdivisional Magistrate of the second class, may appeal to the District Magistrate. (2) The District Magistrate may direct that any appeal under this section, or any class of such appeals, shall be heard by any Magistrate of the first subordinate to him and empowered by the Provincial Government to hear such appeals, and thereupon such appeal or class of appeals may be presented to such subordinate Magistrate, or if already presented to the

469THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA CIVIL PROCEDURE CODE CRIMINAL PROCEDURE CODE Section 100 —contd. Section 407 —contd. material issue of law or usage having the force of law ; (c) a substantial error or defect in the procedure provided by this Code or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits. (2) An appeal may lie under this section from an appellate decree passed ex parte. Section 104 (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders : (a) an order superseding an arbitration where the award has not been completed within the period allowed by the Court; (b) an order on an award stated in the form of a special case ; (c) an order modifying or correcting an award ; District Magistrate, may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from such Magistrate any appeal or class of appeals so presented or transferred. Section 408 Any person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or other Magistrate of the First Class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Magistrate of the First Class, may appeal to the Court of Session : Provided as follows: * ** (b) When in any case an Assistant Sessions Judge or a Magistrate specially empowered under section 30 passes any sentence of imprisonment for a term exceeding four years, or any sentence of transportation, the appeal of all or any