An uneducated person, though innocent, is as much computed, than not understanding the information of the charge.
Evidence being against him, an irrelevant statement tends to strengthen the presumption of his guilt. A few straightforward and pertinent questions would clear away such misunderstanding and enable him to understand the case, to state his bona fide defence, and to know what witnesses to call to support it. An old offender, more practised in the ways of the law, if caught, therefore makes a plain statement which a few questions would dispose of.
I consider then that an interrogation conducted fairly by the Magistrate, after the accused has made his statement, if he has made one, before committal would be of great service in eliciting the truth.
I entertain more doubt about allowing such interrogation at the trial. I refer to James Stephen's book, which states that it would tend to intimidate the prisoner.
No man who examines a wriggling witness and is really quite impartial...
I would allow interrogation by Counsel for the prosecution at the end of the case for the prosecution and before the prisoner's defence.
I confess to preferring interrogation by the Court to the latter mode of proceeding, and I do not believe that a fair, impartial Judge would be impaired by putting a few questions with a view to elicit the truth and clear up doubtful parts of the case.
I.W. Ball, Esq., would permit the Judge to interrogate in Court, though he would not allow it to a Magistrate.
All this shows the difficulty of examination at the trial, and I am disposed to think that substantial benefit will have been attained by the interrogation of the Magistrate, as the case of the accused will then be made known.
By the Indian Code of Criminal Procedure, sec. 202, it is in the discretion of the Magistrate at any stage of the inquiry to examine the accused person and to put such questions to him as he may consider necessary, in the interest of the accused to answer such questions.
By sec. 205, the examination of the accused is fully recorded and read out as evidence on the trial.
At the close of the case for the prosecution, the Judge may put any question he thinks proper, and it is in the discretion of the accused person to answer.
Page 486
Ver. 373.
373
The Judge at the close of the case for the prosecution on behalf of the record, or if no such evidence is produced, at the close of the case for the prosecution may put any question he thinks proper, and it is in the discretion of the accused person to answer.
It will not impair the impartiality of the Judge.
W 4
Page 487
An uneducated person, though innocent, is as a
computed, than not understanding
Wala
mation of the charge.
Evidence bean
the wait
in which the
I the
way
Remaker against him,
an irrelevant
worthy tends to strungthen the
statement which off
pusumption this quilt - A few straight forored +pertinent questions fuct If the purending Magistrate
the uncles aut fact, and the
would chear
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witneper
Krall to
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hand an old offender, more
it-
On the Minn
practised in the rays
If (out, & therefor num collected, makes a plaunth statement which a few questions would
dispose of.
I consider then that an interrogation" d
carducted aprisoner of predicionsly & fairs I the mapitrate, after the accused has mar his statement, if he won has take one, before committal woomed to of great service in dicating the truth.
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+
to the expediency
at the trial.
I Entertain more coulte If allowing such interrogation With James Shathen in this book refend that
hude Bject to an
interrogaten by the Jucke on 2 pounds; port that it would band to
intimidate the prison
L
Recond
Mal it
A
486
no man who examines are mortling witness & really quite un partial "--
Ite weed allow uiterogation Ither Counsel for the (mon at the End of the case for the prosecution + beson the prisoner defence-
I confess to preferring interconature of the Cant to the latter mode of founding; and I do not believe thel a puffer, impartiality would be impaired & futting few questions pitte a view to elicit the with te belear up doubtful parts of the cave.
IW Ball. Idhean, would but the heaver of interrogating in the Court. though he would not allar it to a magistrate.
fell one to the wate All this show the efficulty of Examinatim at thee trial; and I am dispond to think that the subtanbul benefit will have been attained I the interrogation of the Magistrate, as the case of the found will then be made know.
Mobs.
Ali
Byther Endein Code of Criminal Procedure, sec 202 it is in the discretion of the magistrate at any shape of The bequing to examine the accused person, t to put sucke
counder necessary 7 puestions to him as he
may in the iftens of the accused to answer such puastions. by the 205 the examination of the accused in tote
full recorded & read or total
Indence on
Ver.373.
373
the Jant at the close of them
behalf of the record, or if no such indener is the fucduced, at the love of the case for the proscaction may put any preston
thick proper, & it is
The accused whil it
may
in the flion of the accord person to mower
T
W
4
bued impair the impartiality of the Judze
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