CHAPTER XXXV. PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. in cases mentioned 476. When any Civil, Criminal or Revenue Court is of Procedure opinion that there is ground for inquiring into any offence referred to in section 195, and committed before it or brought in s. 195. under its notice in the course of a judicial proceeding, such Court, after making any preliminary inquiry that may be necessary 1, may send the case for inquiry or trial to the nearest Magistrate of the first class 2, and may send the accused in custody, or take sufficient security for his appearance, before such Magistrate; and may bind over any person to appear and give evidence on such inquiry or trial. Such Magistrate shall thereupon proceed according to law, and may, if he is authorised under section 192 to transfer cases, transfer the inquiry or trial to some other competent Magistrate3. Court of fences com 477. Subject to the provisions of section 444, a Court of Power of Session may charge a person for any offence referred to in sec- Session as tion 195 and committed before it, or brought under its notice to such of in the course of a judicial proceeding, and may commit, or mitted beadmit to bail and try, such person upon its own charge 5. Such Court may direct the Magistrate to cause the attendance of any witnesses for the purposes of the trial. fore itself. 478. When any such offence is committed before any Power of Civil or Revenue Court, or brought under the notice of any and Civil and Revenue Courts to Civil or Revenue Court in the course of a judicial proceeding 1, complete and the case is triable exclusively by the High Court or Court investigaof Session, or such Civil or Revenue Court thinks that it High Court ought to be tried by the High Court or Court of Session, or Court of such Civil or Revenue Court may, instead of sending the tion and commit to Session. Procedure of Civil Court in case under section 476 to a Magistrate for inquiry, itself complete the inquiry, and commit or hold to bail the accused person to take his trial before the High Court or Court of Session, as the case may be. For the purposes of an inquiry under this section, the Civil or Revenue Court may, subject to the provisions of section 443, exercise all the powers of a Magistrate; and its proceedings in such inquiry shall be, conducted as nearly as may be in accordance with the provisions of Chapter XVIII, and shall be deemed to have been held by a Magistrate. 479. When any such commitment is made by a Civil or Revenue Court, the Court shall send the charge with the order such cases. of commitment and the record of the case to the Presidency Procedure cases of Magistrate, District Magistrate or other Magistrate authorised to commit for trial; and such Magistrate shall bring the case before the High Court or Court of Session, as the case may be, together with the witnesses for the prosecution and defence. 480. When any such offence as is described in section 175, in certain section 178, section 179, section 180, or section 228 of the contempt. Indian Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender, whether he is an European British subject or not, to be detained in custody; and at any time before the rising of the Court on the same day may, if he thinks fit, take cognisance of the offence and sentence the offender to fine not exceeding two hundred rupees 2, and, in default of payment, to simple imprisonment 3 for a term which may extend to one month, unless such fine be sooner paid. 16 All. 103. 2 For form of warrant of commit ment see Sched. V. No. 38. 3 Such imprisonment does not relieve the offender from liability to have the fine levied by distress and sale, 3 Suth. Cr. Letters, 21. Nothing in section 443 or section 444 shall be deemed to apply to proceedings under this section 1. such cases. 481. In every such case, the Court shall record the facts Record in constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence 2. If the offence is under section 228 of the Indian Penal Code, the record must show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. where that case with under 482. If the Court in any case considers that a person ac- Procedure cused of any of the offences referred to in section 480 and Court committed in its view or presence should be imprisoned other- considers wise than in default of payment of fine, or that a fine ex- should not ceeding two hundred rupees should be imposed upon him, or be dealt such Court is for any other reason of opinion that the case s. 480. should not be disposed of under section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or, if sufficient security is not given, shall forward such person under custody to such Magistrate. The Magistrate to whom any case is forwarded under this section shall proceed to hear the complaint against the accused person in manner hereinbefore provided. be deemed 483. When the Local Government so directs, any Registrar When Reor any Sub-Registrar appointed under the Indian Registration gistrar to Act, 1877, shall be deemed to be a Civil Court within the a Civil meaning of sections 480 and 4823. Court. of offender on submis 484. When any Court has under section 480 adjudged an Discharge offender to punishment for refusing or omitting to do anything which he was lawfully required to do, or for any intentional sion or apoinsult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his sub 1 An appeal lies from orders under it, sec. 486 infra. 2 4 Mad. H. C. 229. 3 13 Ben. Appx. 40. logy. Imprison ment or of person refusing to answer or produce document. mission to the order or requisition of such Court, or on apology being made to its satisfaction. 485. If any witness before a Criminal Court refuses to committal answer such questions as are put to him 1, or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant 2 under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime such person consents to be examined and to answer, or to produce the document. In the event of his persisting in his refusal, he may be dealt with according to the provisions of section 480 or section 482, and, in the case of a Court established by Royal Charter, shall be deemed guilty of a contempt. Appeals from convictions in contemptcases. 486. Any person sentenced by any Court under section 480 or section 485 may, notwithstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. An appeal from such conviction by a Court of Small Causes in a Presidency-town shall lie to the High Court, and an appeal from such conviction by any other Court of Small Causes shall lie to the Court of Session for the Sessions Division within which such Court is situate. An appeal from such conviction by any officer as Registrar or Sub-Registrar appointed as aforesaid3 may, when such officer is also Judge of a Civil Court, be made to the Court to which it would, under the preceding portion of this section, be made if such conviction were a decree by such officer in his capacity as such Judge, and in other cases may be made to the District Judge, or, in the Presidency-towns, to the High Court. 1 3 Mad. 271. 2 See form of warrant, Sched. V. No. 39. 3 See sec. 483. to try of ferred to in s. 195 mitted be 487. Except as provided in sections 477, 480 and 485, no Certain Judges and Judge of a Criminal Court or Magistrate, other than a Judge Magis of a High Court, the Recorder of Rangoon and the Presidency trates not Magistrates1, shall try any person for any offence referred to fences rein section 195, when such offence is committed before himself or in contempt of his authority 2, or is brought under his notice 3 as when comsuch Judge or Magistrate in the course of a judicial proceeding. Nothing in section 476 or section 482 shall prevent a selves. Magistrate empowered to commit to the Court of Session or High Court from himself committing any case to such Court, or shall prevent a Presidency Magistrate from himself disposing of any case instead of sending it for inquiry to another Magistrate. fore them CHAPTER XXXVI. OF THE MAINTENANCE OF WIVES AND CHILDREN 4. maintenance of children. 488. If any person having sufficient means neglects or Order for refuses to maintain his wife5 or his legitimate or illegitimate child unable to maintain itself, the District Magistrate, a wives and Presidency Magistrate, a Sub-divisional Magistrate, or a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding fifty rupees in the whole, as such Magis1 I Mad. 305. marriage that has been gone through No order can be passed under 7 i. e. the Magistrate of the particular area in which the husband or father resides, 9 Bom. 45. The Magistrate may alter this, from time to time, under sec. 489. But he cannot in the first instance make an order at a progressively increasing rate, a N. W. P. 454: 12 Cal. 535. |