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The Bengal Criminal Law Amendment Act, 1925
WB238
(b) when any person in respect of whom a direction has been made under sub-clause (a) is produced before the Commissioners, any evidence already recorded in the trial may be admitted as evidence against him or in his favour;
(2) in a trial by Commissioners under this Act of any person who has surrendered or been arrested after the conclusion of a previous trial under this Act at which, in the opinion of the Commissioners, he might, if he had surrendered or been arrested before the commencement of such previous trial, have been tried jointly with the persons then tried any evidence recorded in such previous trial may be admitted as evidence against him or in his favour: Provided that the name of such person was included with the names of the persons previously tried in the order under sub-section (1) of section 3 directing their trial or in the report under clause (a) of sub-section (1) of section 173 of the Code; (3) where any evidence recorded in the absence of the accused person is admitted under sub-clause (b) of clause (1) or clause (2) the Commissioners may on their own motion recall any witness who has given such evidence in order that he may be further examined or cross-examined and shall, at the instance of the accused person or his pleader, recall any such witness for such purpose, unless, in the opinion of the Commissioners, for reasons to be recorded in writing, it is not necessary in the interest of justice that the witness should be recalled; (4) the provisions of this section shall apply -(i) to the trial of persons who surrendered or were arrested before the date of the commencement of the Bengal Criminal Law Amendment Act, 1934, in respect of any offence for which they have not at such date been placed on trial, as well as to the trial of persons who surrender or are arrested after that date;
(ii) to the admission of any evidence recorded, whether such evidence was recorded before or after the said date in a trial under this Act.
8. Tender of pardon. - (1) Commissioners trying an offence under this Act may, with a view to obtaining the evidence of any person supposed to have been directly concerned in, or privy to, the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof. (2) Where, in the case of any offence for the trial of which by Commissioners an order has been made under sub-section (1) of section 3, a pardon has, before the passing of such order, been tendered to and accepted by any person under section 337 of the Code, the provisions of sub-sections (2) and (3) of that section of the Code shall apply as if the accused person had been committed for trial to the Commissioners. (3) For the purposes of sections 339 and 339A of the Code pardons tendered under sub-section (1) and sub-section (2) shall be deemed respectively to have been tendered under sections 338 and 337 of the Code. [8A. Power to exclude persons or public from place of trial. - (1) In any trial by Commissioners appointed under this Act, the Commissioners may, if they think fit, order at any stage of the trial that the public generally or any particular person shall not have access to, or be or remain in, the room or building used for the trial.] (2) Where in the course of any such trial, the Advocate-General certifies in writing to the Commissioners that it is expedient in the interests of the public peace or safety, or of the peace or safety of any of the witnesses in the trial that public generally should not have access to, or be or remain in, the room or building used for the trial, the Commissioners shall order accordingly. [8B. Power to deal with refractory accused. - (1) Where any accused, in a trial by Commissioners appointed under this Act, has by his voluntary act rendered himself incapable of appearing before the Commissioners or resists his production before them or behaves before them in a persistently disorderly manner, the Commissioners may, at any stage of the trial, by order in writing made after such inquiry as they may think fit, dispense with the attendance of such accused for such period as they may think fit, and proceed with the trial in his absence.] (2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty. (3) An order under sub-section (1) dispensing with the attendance of an accused shall not affect his right of being represented by a pleader at any stage of the trial, or of being present in person if he has become capable of appearing or appears before the Commissioners and undertakes to behave in an orderly manner. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no finding, sentence or order passed in a trial by Commissioners appointed under this Act shall be held to be illegal by any Court by reason of any omission or irregularity whatsoever arising from the absence of any or all of the accused whose attendance has been dispensed with under sub-section (1). 9. Special rule of evidence. - Notwithstanding anything contained in the Indian Evidence Act, 1872, when the statement of any person has been recorded by any Magistrate, such statement may be admitted in evidence in any trial before Commissioners appointed under this Act if such person is dead or cannot be found or is incapable of giving evidence, and the Commissioners are of opinion that such death, disappearance, or incapacity has been caused in the interests of the accused. [9A. Special provisions for recording evidence. - (1) In any trial by Commissioners appointed under this Act, a Commissioner may dictate the evidence of any witness in narrative form to a stenographer or typist, who shall take down the same :] Provided that the Commissioners may cause any particular question or answer to be so taken down. (2) The evidence taken down under sub-section (1), or a transcript or copy thereof, shall be signed by the Commissioners after they have corrected any clerical errors therein, and on such signature shall form part of the record. (3) Notwithstanding anything contained in section 356 of the Code, where evidence is recorded in the manner provided in sub-sections (1) and (2) it shall not be necessary for the Commissioners to record any memorandum of such evidence. 10. Rule making powers of appropriate Government. - The [appropriate Government] may, by notification in the [Official Gazette], make rules consistent with this Act to provide for all or any of the following matters, namely :-(i) the times and places at which Commissioners appointed under this Act may sit;
(ii) the procedure of such Commissioners, including the appointment and powers of their President, and Hie procedure to be adopted in the event of any Commissioner being prevented from attending throughout the trial of any accused person;
(iii) the conduct of and the procedure at trials, the manner in which prosecutions before such Commissioners shall be conducted and the appointment and powers of persons conducting such prosecutions;
(iv) the execution of sentences passed by such Commissioners;
(v) the temporary custody or release on bail of persons referred to or included in any order made under sub-section (1) of section 3, and the transmission of records to the Commissioners; and
(vi) any matter which appears to the [appropriate Government] to be necessary for carrying into effect the provisions of this Act relating or ancillary to trials before Commissioners.
11 to 22. - Repealed by Bengal Act 3 of 1930. 23. Publication of rules. - All rules made under this Act shall be published in the [Official Gazette], and on such publication shall have effect as if enacted in this Act. 24, 25. - Repealed by Bengal Act 3 of 1930.The First Schedule.
(See sections 3 and 6.)
[( 1) Any of the following offences, if in the opinion of the][appropriate Government] there are reasonable grounds for believing that such offence has been committed by a member or a person controlled or instigated by a member, of any association of which the objects or methods include the commission of any of such offences, namely :-(a) any offence punishable under any of the following sections of the Indian Penal Code, namely, sections [121,121A, 122,123,148,216], 302, 304, 326, 327, 329, 332, 333, 385, 386, 387, 392, 394, 395, 396, 397, 398, 399, 400, 401, 402, 431, 435, 436, 437, 438, 440, 454, 455, 457, 458, 459, 460, and 506;
(b) any offence under the Explosive Substances Act, 1908;
(c) any offence under the Indian Arms Act, 1878;
(d) any attempt or conspiracy to commit, or any abetment of any of the above offences. [(2) Any offence under the Indian Arms Act, 1878, or any attempt or conspiracy to commit, or any abetment of, such offence, if, in the opinion of the][appropriate Government], there are reasonable grounds for believing that such offence, or such attempt, conspiracy or abetment, has been committed for the purpose of making, or assisting any person to make, unlawful gain by trafficking in arms or ammunition without a license under the said Act. The Second Schedule. - Repealed by Bengal Act 3 of 1930.
