Regulation II of 1827 Regulation IV of 1827 Regulation XI of 1827 Regulation XII of 1827 The whole Regulation. The whole Regulation. The whole Regulation. Section V. The whole Regulation. The whole Regulation. The whole Regulation. The whole Regulation. Section II. The whole Regulation. BOMBAY. Section XXXVI. Clause 4, Section XXXIV, also Section LII, and Sections LIV and LV. The whole Regulation. (The whole Regulation, with the following exceptions. Section I, in as far as it applies to the Zillah Magistrate; Clause I of Section III, in as far as it relates to the Police functions of the Zillah Magistrate; Clause 2 of Section III; Clause 5 of the same Section in as far as it extends to the Zillah Magistrate; Section IV, in as far as it extends to Assistant Collectors in charge; Sec. VI: Clause 4 of Sec. X; Clause I of Section XIII, in as far as it regulates the endorsement and record or warrants issued by Magistrate; Clauses 1, 6, 7, and 8 of Section XIX; Section XX; Clause 1 of Section XXII, in as far as it relates to the superintendence of Village Police; Clause 2 of Section XVII; Section XXX; Clause 4 of Section XXXI; Sections XXXVII Land XL; and Chapter VI. * Reference to Regulation or Act. Regulation XIII of 1827... Regulation XIV of 1827. .. Regulation XV of 1827. Regulation XXIII of 1827. Regulation XXX of 1827. Regulation XVI of 1828. .. Regulation III of 1830. Regulation IV of 1830. Regulation XVI of 1830 Regulation XIX of 1830 Regulation V of 1831 Regulation VIII of 1831 Extent of Repeal. Section IV, V, VI, X, XI, XII, and XIII; Chapters III and IV Sections XXIX and XXX; Clauses 1 and 2, Section XXXI, Clause 3 of Section XXXIII, and the whole of Chapter VI, except Clause 3 of Section XXXIX, in as far as it authorizes the occasional substitution of a letter for a summons, and except Clause 9 of the same Section, Clause 2 of Section XXXVI, and Clauses 1 and 2 Section XLIII. The whole Regulation, except Clause 2 of Section III, and Sections XX and XXIII. The whole Regulation. The whole Regulation. The whole Regulation. The whole Regulation. The whole Regulation, except The whole Regulation. The whole Regulation, except The whole Regulation. Regulation IX of 1831 Regulation III of 1833 Regulation VII of 1833 The whole Regulation. Regulation VIII of 1833 The whole Regulation. G G ACT No. XVIII OF 1862. PASSED BY THE GOVERNOR-GENERAL OF INDIA, IN COUNCIL. (Received the assent of the Governor-General on the 1st May, 1862.) An Act to repeal Act XVI of 1852 in those parts of British India in which the Indian Penal Code is in force, and to re-enact some of the provisions thereof with amendments, and further to improve the administration of Criminal Justice in Her Majesty's Supreme Courts of Judicature. Preamble. WHEREAS, in consequence of the passing of the Indian Penal Code, many of the provisions of Act XVI of 1852 (for further improving the administration of Criminal Justice in Her Majesty's Courts of Justice in the territories of the East India Company) have become inapplicable and others require amendment, and it is expedient to repeal the said Act, and, pending the preparation of a Code of Criminal Procedure for Her Majesty's Supreme Courts of Judicature, to re-enact some of the provisions of the said Act, and to make further provision for the administration of Criminal Justice in such Courts; It is enacted as follows: I. Court may amend certain variances not material to the merits of the case and by which the defendant cannot be prejudiced in his defence, and may either proceed with or postpone the trial to be had before the same or another jury. Whenever, on the trial of an indictment for an offence, there shall appear to be a variance between any statement in such indictment and the evidence offered in proof thereof, it shall be lawful for the Court before which the trial shall be had, if it shall consider that by the amendment of the indictment the person indicted will not be prejudiced in his defence on the merits, to order such indictment to be amended, according to the proof, by some Officer of the court or other person, both in that part of the indictment where such variance occurs, and in every other part of the indictment which it may become necessary to amend, on such terms as to postponing the trial, if the person indicted apply for a postponement, and ordering the same to be had before the same or another Jury, as such Court shall think reasonable; and after any such amendment the trial shall procced, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for giving false evidence and otherwise, as if no such variance had occurred. Provided that in any such case, where the trial shall be so postponed as aforesaid, it shall be lawful for such Court to respite the recognizances of the prosecutor and witnesses, and of the person indicted and his surety or sureties (if any), in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence respectively, and the person indicted shall be bound to attend to be tried at the time and place to which such trial shall be postponed without entering into any fresh recognizances for that purpose, in such and the same manner as if they were originally bound by their recognizances to appear and prosecute, or give evidence at the time and place to which such trial shall be so postponed. Provided, also, that, where any such trial shall be ordered to be had before another Jury, the Crown and the person indicted shall respectively be entitled to the same challenges as they were respectively entitled to before the first Jury was sworn. On trial for criminal breach of trust and other offences, if the offence be the Court may order indictment to be amended. II. If upon the trial of any person charged with the offence of criminal breach of trust under Section 405 of the Indian Penal Code, or the offence of cheattheft ing and thereby dishonestly inducing the person deceived to deliver property under Section 420 of the said Code, or of criminal breach of trust as a carrier, wharfinger, or warehouse-keeper, under Section 407 of the said Code, evidence shall be given to prove that such person took the property in question in any such manner as to amount to the offence of theft under Section 378 of the said Code, the Court may order the indictment to be amended under the provisions of Section I of this Act. Similar power of amendment in cases of criminal breach of trust as a clerk or servant. III. If, upon the trial of any person charged with the offence of criminal breach of trust as a clerk or servant under Section 408 of the Indian Penal Code, evidence shall be given to prove that such person took the property in question in any such manner as to amount to the offence of theft under Section 378 of the said Code, or the offence of theft as a clerk or servant of property in possession of his master under Section 381 of the said Code, the Court may order the indictment to be amended under the provisions of Section I of this Act. |