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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 286-335
Section 286
Section 287
Section 288
Section 289
Section 290
Section 291
Section 292
Section 293
Section 294
Section 295
Section 296
Section 297
Section 298
Section 299
Section 300
Section 301
Section 302
Section 303
Section 304
Section 305
Section 306
Section 307
Section 308
Section 309
Section 310
Section 311
Section 312
Section 313
Section 314
Section 315
Section 316
Section 317
Section 318
Section 319
Section 320
Section 321
Section 322
Section 323
Section 324
Section 325
Section 326
Section 327
Section 328
Section 329
Section 330
Section 331
Section 332
Section 333
Section 334
Section 335
Section 326- Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Whenever any *[Judge or Magistrate] after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercises jurisdiction therein and us succeeded by another *[Judge or Magistrate] who has and who exercises such jurisdiction, the *[Judge of Magistrate] so succeeding may act on the evidence so recorded by his predecessor and partly recorded by himself.

Provided that if the succeeding *[Judge or Magistrate] is of opinion that further examination of any of the witness 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.

*Subs. by Act 45 of 1978, Sec. 27 for "Magistrate " (w.e.f. 18-12-2023).
When a case is transferred under the provisions of this Code *[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).
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.

*Subs. by Act 45 of 1978, Sec. 27 for "from Magistrate to another Magistrate" (w.e.f. 18-12-2023).

STATE AMENDMENTS

RAJASTHAN:

In section 326, -

(a) In sub-section (1), for the word "Magistrate" wherever it occurs, the words" Judge or Magistrate" shall be substituted;

(b) In sub-section (2), before the words "from one Magistrate to another Magistrate" the words "from one Judge to another Judge or" shall be inserted.

[Vide Rajasthan Act 10 of' 1977, sec. 3 (w.e.f. 3-3-2024)].

UTTAR PRADESH:

In section 326, -

(a) In subsection (1), for the words " Magistrate," wherever occurring the words "Judge or Magistrate shall be substituted.

(b) In subsection (2), before the words "from one Magistrate to another Magistrate", the words "from one Judge to another Judge or shall be inserted.

[Vide U.P. Act No. 16 of 1976, sec. 8 (w.e.f. 28-11-2023)]
     
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