THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 421
Section 205. —Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(21) But the Magistrate may call accused at any time.
Section 366. — Time of Judgement.
Should be read in the presence of the accused unless it is dispensed with and the sentence is of fine only.
Section 424. — Judgement by appellate Court.
Accused need not be called to hear judgement.
II. Of how many offences can the Court take cognizance of at one trial
Joinder of Charges Sections 233, 234, 235
Section 233.
- Every offence shall be tried separately.
A is accused of theft on one occasion and of causing grievious hurt on another occasion. A must be tried separately for the two offence. He cannot be tried for both at one trial. There are exceptions to this general proposition.
Section 234
Three offences of the same kind may be tried at one trial if they are committed within the space of twelve months, irrespective of the question whether they are committed against the same person or not.
Offences of the same kind = Offences punishable with the same amount of punishment under the same section of the I. P. C. or of any special or local law.
Must not exceed three. Joinder of charges of three of fences under section 411 and three offence sunder 414 is bad. Three offences of forgery and three offences of breach of trust bad.
Same kind. Adultery and bigamy Murder and hurt not same Forgery and giving false evidence