Section 323 in The Code of Criminal Procedure

Title: Procedure when after commencement of inquiry or trial Magistrate finds case should be committed

Description: If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained 1 [and thereupon the provisions of Chapter XVIII shall apply to the commitment so made] 1. Ins. by Act 45 of 1978, s. 26 (w.e.f. 18-12-1978).

Title: Trial of persons previously convicted of offences against coinage stamplaw or property

Description: (1) Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860), with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 239 or section 245, as the case may be.

Title: Procedure when Magistrate cannot pass sentence sufficiently severe

Description: (1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.

Title: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Description: (1) Whenever any 1[Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[Judge or Magistrate] 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 1[Judge or Magistrate] 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 2[from one judge to another Judge or from one Magistrate] to another Magistrate, 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. 1. Subs. by Act 45 of 1978, s. 27, for "Magistrate" (w.e.f. 18-12-1978). 2. Subs. by s. 27, ibid., for "from one Magistrate to another Magistrate" (w.e.f. 18-12-1978).

Title: Court to be open

Description: 1[(1)] The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. 2[(2) Notwithstanding anything contained in sub- section (1), the inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C, 3[section 376D or section 376E of the Indian Penal Code (45 of 1860)] shall be conducted in camera : Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the Court: 4[Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.] (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court:] 4[Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties.] STATE AMENDMENTS Chhattisgarh In sub-section (2) of the section 327 of the Code, for the words, figures and letters "or an offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code", the words, figures, letters and punctuations "sexual harassment, outraging modesty of woman or an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B of the Indian Penal Code" shall be substituted. [Vide Chhattisgarh Act 25 of 2015, s. 12.] 1. S. 327 renumbered as sub-section (1) thereof by Act 43 of 1983, s. 4 (w.e.f. 25-12-1983). 2. Ins. by s. 4, ibid. (w.e.f. 25-12-1983). 3. Subs. by Act 13 of 2013, s. 22, for "or section 376D of the Indian Penal Code (45 of 1860)" (w.e.f. 3-2-2013). 4. Ins. by Act 5 of 2009, s. 24 (w.e.f. 31-12-2009)

CHAPTER 24 GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS