pliance with provisions of s. 164 or 364. Non-com- statement of an accused person recorded under section 164 or section 364 is tendered in evidence finds that the provisions of such section have not been fully complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded1; and, notwithstanding anything contained in the Indian Evidence Act, section 91, such statement shall be admitted if the error has not injured the accused as to his defence on the merits. Omission to 534. An omission to ask any person whether he is an ask quesEuropean British subject in a case to which the second clause scribed by of section 454 applies shall not affect the validity of any 8.454, cl. 2. proceeding. tion pre Effect of omission to prepare charge. Trial by jury of offence triable with assessors. 535. No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed unless, in the opinion of the Court of appeal or revision, a failure of justice has been occasioned thereby. If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge shall be framed, and that the trial be re-commenced from the point immediately after the framing of the charge. 536. If an offence triable with the aid of assessors is tried by a jury, the trial shall not on that ground only be invalid. If an offence triable by a jury is tried with the aid of Trial with assessors, the trial shall not on that ground only be invalid, unless the objection is taken before the Court records its finding 2. assessors of offence triable by jury. Sentence when re versible by reason of error in charge or other pro ceedings. 537. Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction3 shall be reversed or altered under Chapter XXVII, or on appeal or revision, on account of any error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings 1 For a case in which it was held unnecessary to take evidence under this section, see 14 Cal. 539, following 8 Cal. 618 n. 2 See 3 Cal. 765. 3 i. e. in respect of the particular offence charged, 10 Bom. 320, 325. As to orders etc. of Magistrates and Courts without jurisdiction, see secs. 530,531, 532, etc. before or during trial or in any inquiry or other proceeding under this Code, or of the want of any sanction required by section 1951, or of the omission to revise any list of jurors or assessors in accordance with section 324, or of any misdirection in any charge to a jury; unless such error, omission, irregularity, want or misdirection has occasioned a failure of justice 2. 538. No distress made under this Code shall be deemed Distress not illegal unlawful, nor shall any person making the same be deemed a for defect trespasser, on account of any defect or want of form in the in proceedsummons, conviction, writ of distress or other proceedings relating thereto. ings. CHAPTER XLVI. MISCELLANEOUS. before davits may 539. Affidavits and affirmations to be used before any High Courts and Court or any officer of such Court may be sworn and affirmed persons before such Court or the Clerk of the Crown, or any Com- whom affimissioner or other person appointed by such Court for that be sworn. purpose, or any Judge, or any Commissioner for taking affidavits in any Court of Record in British India, or any Commissioner to administer oaths in Chancery in England or Ireland, or any Magistrate authorised to take affidavits or affirmations in Scotland. giving him opportunity to show cause. Power to summon material 540. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or witness, or examine any person in attendance, though not examine summoned as a witness, or recall and re-examine any person already examined 1; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case 2. person present. Power to appoint place of 541. Unless when otherwise provided by any law for the time being in force, the Local Government may direct in what imprison- place any person liable to be imprisoned or committed to custody under this Code shall be confined 3. ment. Removal to criminal jail. Power of 541 A. (1) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (2) When a person is removed to a criminal jail under subsection (1), he shall, on being released therefrom, be sent back to the civil jail, unless either— (a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under section 342 of the Code of Civil Procedure; or ()the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be discharged under section 341 of the Code of Civil Procedure 5. 542. Notwithstanding anything contained in the Prisoners' Magistrate Testimony Act, 1869, any Presidency Magistrate desirous of 1 Compare the Evidence Act, sec. 3 Notifications under this section or All central jails in Bengal and the central prison at Lucknow have been appointed as places to which persons under sentence of transportation may be sent. See Macpherson's Lists, 1884, pp. 209, 481, and Henderson, PP. 477, 478. Act XIV of 1882, infra. 5 Act X of 1886, sec. 15. 6 Act XV of 1869. prisoner examining, as a witness or an accused person, in any case to order pending before him, any person confined in any jail within the to be local limits of his jurisdiction, may issue an order to the officer brought up in charge of the said jail requiring him to bring such prisoner ation. in proper custody, at a time to be therein named, to the Magistrate for examination. The officer so in charge, on receipt of such order, shall act in accordance therewith, and shall provide for the safe custody of the prisoner during his absence from the jail for the purpose aforesaid. for examin 543. When the services of an interpreter are required by Interany Criminal Court for the interpretation of any evidence or preter to interpret statement 1, he shall be bound to state the true interpretation of truthfully. such evidence or statement. of com 544. Subject to any rules made by the Local Government 2 Expenses with the previous sanction of the Governor General in Council, plainants any Criminal Court may order payment, on the part of Govern- and witment, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code. nesses. Court to pay ex 545. Whenever under any law in force for the time being Power of a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine, or a sentence of which fine penses or forms a part, the Court may when passing judgment order 3 the sate out of whole or any part of the fine recovered to be applied--- (a) in defraying expenses properly incurred in the prosecution; () in compensation for the injury caused by the offence committed, where substantial compensation is, in the opinion of the Court, recoverable by civil suit. 1 See sec. 361 supra, and the Oaths Act, X of 1873, sec. 5. * See the Notifications by the Local Governments of Bombay, Bengal, the N. W. Provinces, the Panjab, Oudh, Burma, Coorg, Assam, Macpherson's Lists, 1884, pp. 216, 233, 340, 348, 430, 461, 491, 552, 576, 648, 686. 92 Suth. Cr. 58, col. 2: 11 Suth. Cr. 53, col. 2. the offence, 6 Suth. Cr.93; but not, for compen fine. Payments to be considered in subse quent suit. Moneys ordered to If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. 546. At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under section 545. 547. Any money 2 (other than a fine) payable by virtue of be paid re- any order made under this Code shall be recoverable as if coverable it were a fine. as fines. Copies of proceedings. Delivery to authorities 548. If any person affected by a judgment or order 3 passed by a Criminal Court desires to have a copy of the Judge's charge to the jury, or of any order or deposition or other part of the record, he shall, on applying for such copy, be furnished therewith: provided that he pay for the same, unless the Court, for some special reason, thinks fit to furnish it free of cost. 549. The Governor General in Council may make rules, Military consistent with this Code and the Army Act, 1881, of persons or any similar law for the time being in force, as to the cases in which persons subject to military law shall by Court- be tried by a Court to which this Code applies or by liable to be tried martial. Apprehen Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable, under the Army Act, 1881, section 41, to be tried by a Courtmartial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the regiment, corps or detachment to which he belongs, or to the commanding officer of the nearest military station, for the purpose of being tried by Court-martial. Every Magistrate shall, on receiving a written application sion of such for that purpose by the commanding officer or any body of troops stationed or employed at any such place, use his utmost persons. 1 i. e. take into consideration, 22 Suth. Civ. 336. 2 e. g. maintenance, sec. 481. 3 e. g. a prosecutor whose charge is dismissed, 8 Cal. 166. |