522
No. 3 of 1890.
Indictable offences which may be dealt with by Magistrates.
80.-(1) Whenever any person is accused before a Magistrate of any indictable offence, except an offence specified in the 3rd schedule, the Magistrate, instead of committing the accused for trial before the Court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for any term not exceeding 6 months, or to a fine not exceeding 100 dollars: Provided that nothing in this section shall affect any greater punishment specifically provided in any other Ordinance.
(2) A Magistrate may nevertheless deal summarily under this section with the case of a person accused, under section 82 (5) (a) of the Bankruptcy Ordinance, 1891, of the offence of obtaining credit under false pretences or by means of any other fraud.
Procedure as to indictable offences triable summarily. [42 & 43 Vict. c. 49 s. 27.]
(3) The Magistrate may also direct that the accused be kept in solitary confinement for any portion of his term of imprisonment, not exceeding 14 days at any one time and not exceeding one month in the whole.
(4) The Magistrate may nevertheless, if he thinks fit, commit any such accused for trial before the Court.
(5) Nothing in this section shall affect the provisions of section 82.
81. Where an indictable offence is triable summarily,-
(1) the procedure shall, until the Magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the Magistrate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punishable on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly;
(2) the evidence of any witness taken before the Magistrate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;
(3) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the Court.
As amended by No. 2 of 1906, No. 30 of 1911, No. 50 of 1911, No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.
522
No. 3 of 1890.
Indictatble
offences
which may
MAGISTRATES.
80.-(1) Whenever any person is accused before, a Magistrate of any indictable offence, except an offence specified in the 3rd be dealt with. schedule, the Magistrate, instead of committing the accused for trial before the Court, may deal with the case and convict the accused summarily, and on conviction may sentence the accused to imprisonment for any term not exceeding 6 months, or to a fine 1st schedule: not exceeding 100 dollars: Provided that nothing in this section shall affect any greater punishment specifically provided in any other Ordinance.
form 83.
(2) A Magistrate may nevertheless deal summarily under this section with the case of a person accused, under section 82 (5) (a) No. 7 of 1891. of the Bankruptcy Ordinance, 1891, of the offence of obtaining
credit under false pretences or by means of any other fraud.
Procedure as to indictable offences
triable sum. marily. [42 & 43 Viot. c. 49 s. 27.]
form 88. form 88.
(3) The Magistrate may also direct that the accused be kept in solitary confinement for any portion of his term of imprisonment, not exceeding 14 days at any one time and not exceeding one month in the whole.
(4) The Magistrate may nevertheless, if he thinks fit, commit any such accused for trial before the Court.
82.
(5) Nothing in this section shall affect the provisions of section
81. Where an indictable offence is triable summarily,-
(1) the procedure shall, until the Magistrate assumes the power to deal with the offence summarily, be the same in all respects as if the offence were to be dealt with throughout as an indictable offence, but when and so soon as the Magistrate assumes the power to deal with the offence summarily, the procedure shall be the same from and after that period as if the offence were an offence punish- able on summary conviction and not on indictment, and the provisions of this Ordinance relating to offences punishable on summary conviction shall apply accordingly;
(2) the evidence of any witness taken before the Magistrate has assumed the said power need not be taken again, but every such witness shall, if the defendant so requires, be recalled for the purpose of cross-examination;
(3) the conviction for any such offence shall be of the same effect as a conviction for the offence on indictment before the Court, and
As amended by No. 2 of 1906, No. 30 of 1911, No. 50 of 1911,
No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.
e
thi
.upc Ma
& S
and
hea
beh mir
bee!
of c
case min
i
Mag duri
No comments yet.
Private notes are available after approval.