The evidence so taken down shall be signed by the Sessions Judge or Magistrate, and shall form part of the record :

Provided that the Local Government may direct the Sessions Judge or Magistrate to take down the evidence in the English language, or in the language of the Court, although such language is not his mother-tongue1.

in cases

tion 355.

358. In cases of the kind mentioned in section 355, the Option to Magistrate Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in section 356, or, if under secwithin the local limits of the jurisdiction of such Magistrate the Local Government has made the order referred to in section 357, in the manner provided in the same section.

359. Evidence taken under section 356 or section 357 Mode of recording shall not ordinarily be taken down in the form of question evidence and answer, but in the form of a narrative.

under section 356 or

The Magistrate or Sessions Judge may, in his discretion, section 357. take down, or cause to be taken down, any particular question and answer.

360. As the evidence of each witness taken under section Procedure in regard to 356 or section 357 is completed, it shall be read over to him. such eviin the presence of the accused, if in attendance, or of his dence when pleader, if he appears by pleader, and shall, if necessary, corrected.

be

If the witness deny the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness, and shall add such remarks as he thinks necessary.

If the evidence be taken down in a language different from that in which it has been given, and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language which he understands2.

1 See notifications in Macpherson's Lists, 1884, pp. 215, 481, 492, 552, 595.

2 This section does not apply to the examination of prisoners, 12 Suth. Cr. 44. As to them, see sec. 364.

completed.

Interpretation of evidence

to accused

or his pleader.

Record of

trates' Courts.

361. Whenever any evidence 1 is given in a language not understood by the accused and he is present in person, it shall be interpreted to him in open Court in a language understood by him.

If he appears by pleader 2 and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted 3 to such pleader in that language.

When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.

362. In every case in which a Presidency Magistrate evidence in imposes a fine exceeding two hundred rupees, or imprisonPresidency Magis- ment for a term exceeding six months, he shall either take down the evidence of the witnesses with his own hand, or cause it to be taken down in writing from his dictation in open Court. All evidence so taken down shall be signed by the Magistrate and shall form part of the record.

Remarks

demeanour

Evidence so taken down shall ordinarily be recorded in the form of a narrative, but the Magistrate may, in his discretion, take down, or cause to be taken down, any particular question or answer.

Sentences passed under section 35 on the same occasion shall, for the purposes of this section, be considered as one

sentence.

363. When a Sessions Judge or Magistrate has recorded respecting the evidence of a witness he shall also record such remarks of witness. (if any) as he thinks material respecting the demeanour of such witness whilst under examination.

1 i. e. oral evidence, 15 Suth. Cr. 25. As to documentary evidence, though the prisoner has a right to have all or any part of any document used on his trial interpreted to him, yet where it is put in merely to give formal proof of an uncontestable fact it is enough to make him understand what the document is and why it is put in, Ibid.

2 Sec. 205, supra.
3 Sec. 543, infra.

The drafting here is faulty. The meaning probably is that no such sentence shall be passed unless the Magistrate has either himself taken down the evidence or caused it to be taken down from his dictation.

cused how

364. Whenever the accused is examined by any Magis- Examinatrate, or by any Court other than a High Court established tion of acby Royal Charter or the Chief Court of the Panjáb, the whole recorded. of such examination, including every question put to him and every answer given by him, shall be recorded in full 1, in the language in which he is examined, or, if that is not practicable, in the language of the Court or English; and such record shall be shown or read to him, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

3

When the whole is made conformable to what he declares is the truth, the record shall be signed 2 by the accused 3 and the Magistrate or Judge of such Court, and such Magistrate or Judge shall certify under his own hand that the examination was taken in his presence and hearing, and that the record contains a full and true account of the statement made by the accused.

In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be bound, unless he is a Presidency Magistrate, as the examination proceeds, to make a memorandum thereof in the language of the Court, or in English, if he is sufficiently acquainted with the latter language; and such memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the record. If the Magistrate or Judge is unable to make a memorandum as above required, he shall record the reason of such inability.

Nothing in this section shall be deemed to apply to the examination of an accused person under section 263*.

1 not necessarily by the Magistrate's own hand, 20 Suth. Cr. 50: 1 Bom. 219.

2 Where the accused is unable to write his name, this would probably be construed to include 'marked.'

Where the accused at the time of trial confesses his guilt to the Court this provision is inapplicable, for the Court may sentence him at once under sec. 255; see 3 Cal. 756.

VOL. II.

3 This provision is merely directory. Refusal to sign is not punishable under the Penal Code, sec. 180; see 4 Bom. 15.

As to the effect of not fully complying with the provisions of this section, see sec. 533 infra, and 12 Suth. Cr. 44. Omission to record in the vernacular questions asked in the examination of the accused does not necessarily render that examination inadmissible as evidence, 8 Cal. 618, n.

Record of evidence in High Court.

365. Every High Court established by Royal Charter and the Chief Court of the Panjáb may, from time to time, by general rule, prescribe the manner in which evidence shall be taken down in cases coming before the Court, and the Judges of such Court shall take down the evidence or the substance thereof in accordance with the rule (if any) so prescribed.

Mode of delivering

CHAPTER XXVI.

OF THE JUDGMENT.

366. The judgment in every trial in any Criminal Court judgment. of original jurisdiction shall be pronounced in open Court either immediately or at some subsequent time of which due notice shall be given to the parties or their pleaders; and the accused shall, if in custody, be brought up, or if not in custody shall be required to attend, to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only, in which case it may be pronounced in the presence of his pleader.

Language

ment.

367. Every such judgment shall, except as otherwise exof judg- pressly provided by this Code, be written by the presiding officer of the Court in the language of the Court 1, or in Contents of English; and shall contain the point or points for determinajudgment. tion, the decision thereon 2, and the reasons for the decision3; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it.

It shall specify the offence (if any) of which, and the section of the Indian Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced 1.

When the conviction is under the Indian Penal Code, and

in alterna

it is doubtful under which of two sections, or under which Judgment of two parts of the same section, of that Code the offence tive. falls, the Court shall distinctly express the same, and pass judgment in the alternative.

If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty.

If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed:

Provided that, in trials by jury, the Court need not write a judgment, but the Court of Session shall record the heads of the charge to the jury 1.

368. When any person is sentenced to death, the sentence Sentence of shall direct that he be hanged by the neck till he is dead 2.

death.

No sentence of transportation shall specify the place to Sentence of which the person sentenced is to be transported.

transportation.

to alter judgment.

369. No Court, other than a High Court, when it has Court not signed its judgment shall alter or review the same, except as provided in section 395 or to correct a clerical error 4.

370. Instead of recording a judgment in manner herein- Presidency before provided, a Presidency Magistrate shall record the Magisfollowing particulars 5 :—

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the name of the complainant (if any);

(d) the name of the accused person, and (except in the

trate's

judgment.