The Law of Criminal Procedure - Page 445

424 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(f) persons accused of offences under sections 411 and 414 of the I. P. C. or either of those sections in respect of stolen property, the possession of which has been transferred by one offence.

(g) persons accused of any offence under Chapter XII of the I. P. C. relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence.

N OTE . —The foundation for the procedure of joint trial of different persons is their association from start to finish to attain the same end.

The fact that they carried out their scheme by successive acts done at intervals does not prevent the unity of the project from constituting the series of acts one transaction i.e. the carrying through of the same object which they had from the first act to the last.

20 cal. 358

5 Mad. 199

IV. Securing the presence of the accused and the witness

Although the Court has taken cognizance of an offence, the actual criminal proceedings can commence only when the accused and the witnesses are present in Court, the one to answer the charge and the other to give evidence.

How are they to be brought before the Court ?

Section 104

I. When cognizane is taken on police report based on investigation conducted under Section 173, the accused and witnesses are already before the Court.

II. When cognizance is taken otherwise than on police report under Section 173, the accused and the witnesses are not before the Court. They have to be brought before the Court.

What is the process for bringing them before the Court ?

The Criminal Procedure Code contemplates two such processes.