ACT No. XIII of 1865.

An Act to amend the procedure of Her Majesty's High Courts of Judicature in the exercise of their original Criminal Jurisdiction, and to provide for the exercise of such jurisdiction at places other than the Presidency Towns.

Preamble.

WHEREAS it is expedient to amend the procedure of the High Courts of Judicature at Fort William in Bengal, at Madras, and at Bombay, in the exercise of their original Criminal Jurisdiction, and, also, to provide for the exercise by such Courts of original Criminal Jurisdiction under the Commission of the Governor General of India in Council, or of either of the Governors in Council of Madras and Bombay, in places other than the Presidency Towns, or at several such places by way of circuit; It is enacted as follows:

Preliminary.

1. This Act may be cited as "The High Courts Criminal Procedure Amendment Act, 1865."

Short Title.

Interpretation

Clause.

2. In this Act, unless there be something repugnant in the subject

or context

High Court" denotes Her Majesty's High Courts of Judicature at Fort William in Bengal, at Madras, and at Bom

High Court."

bay, respectively.

"Chief Justice," "Judge," "Registrar," and other words denoting any particular Officer respectively include person for the time being authorized

"Chief Justice," "Judge," &c.

any

to act as such Chief Justice, Judge, Registrar, or other Officer.

Magistrate" denotes any person exercising any of the powers of a Magistrate under "Magistrate.' the Code of Criminal Procedure, and includes Police Magistrates in any Presidency

Town.

"Clerk of the Crown" includes, besides such

Crown."

Officer, a Crown Prosecutor, and "Clerk of the any Officer specially appointed by the Governor-General of India in Council, or the Governor in Council of Madras or Bombay to discharge the functions given by this Act to the Clerk of the Crown, in respect of any sittings of a Judge or Judges of the High Court in a place other than the usual place of sitting, or in respect of any sittings of a Barrister under the forty-fourth Section of this Act.

"British India.”

"British India" denotes the territories which are or may become vested in Her Majesty or her successors under the Statute 21 and 22 Vic. cap. 106, except the Settlement of Prince of Wales' Island, Singapore, and Malacca.

Words importing the masculine gender include Gender and females words in the singular number include the plural, and words in the plural number include the singular.

number.

Of Charges where the accused is committed in a Presidency Town.

Charge to be de

livered to Clerk of

3. Any Justice of the Peace or Magistrate who shall commit to custody, or hold to bail, any person for trial before the High Court for an offence committed, or which, according to law, may be dealt with as if it had been committed within the local limits of its ordinary original Civil jurisdiction, shall, together

the Crown with commitment within the local limits of the ordinary original Civil jurisdiction.

with all examinations, informations, bailments, and recognizances now required to be delivered to such Court before the trial, deliver to the Clerk of the Crown a written instrument of Charge signed by him stating for what offence such person is so committed or held to bail.

Clerk of the Crown to consider, and, if he will, to amend, alter, the charge.

same. or add to

4. The Clerk of the Crown shall peruse and consider the charge, and may, if he consider it necessary or expedient so to do, amend, alter, or add to the The charge, with such amendments, alterations, or additions, if any, shall be recorded in the High Court, and the person charged shall be entitled to have a copy of such charge with such amendments, alterations, or additions (if any) gratis.

Charge with amendments, al

or

terations additions (if any)

to be recorded.

Accused to have copies of examinations.

5. The person charged shall also be entitled to copies of the examinations of the witnesses upon whose depositions he has been so committed or held to bail, on payment of a reasonable sum for the same, not exceeding one anna for each folio of ninety words. 6. Upon charges recorded as aforesaid, persons committed to custody or held to bail Effect of charge. shall be deemed to have been brought before the High Court in due course of law, and (subject to the provisions contained in the eighth Section of this Act) shall be arraigned at suit of the Crown, and the verdict shall be recorded thereupon. 7. In Act XVIII of 1862 (to repeal Act XXI of 1852 in those parts of British India in which the Indian Penal Code is in

Provisions of Act XVIII of 1862 as

to indictments to

force, and to re-enact some of the under provisions thereof with amendments, and, further, to improve the Adminis

apply to charges
preferred
this Act.

tration of Criminal Justice in Her Majesty's Supreme Courts of Judicature), the word "indictment" shall be understood to include the word "charge," and all the provisions of the said Act shall apply to charges recorded as aforesaid and the trial of such charges.

on

Nolle prosequi

charge.

8. When any such charge shall have been recorded in the High Court as unsustainable aforesaid, and shall at any time before the person charged is arraigned appear to the Judge of the High Court who would in ordinary course try the same to be clearly unsustainable, an entry to that effect may be made on the charge by such Judge. Such entry may be made without the fiat of the Advocate-General, and shall have the effect of a nolle prosequi upon the charge, but shall not operate as an acquittal of the person charged unless and until three years from the time of making the entry shall have elapsed, at the expiration of which period, if no fresh charge have been brought on the same matter, he shall be considered as having been acquitted.

9.

After commencement of this Act, Grand Jury not to be summoned.

Of Grand Juries.

From and after the date on which this Act shall come into operation no warrant or precept shall be issued to the Sheriff or other Officer directing him to summon any persons to attend and serve as Grand Jurors. All persons who, but for this Act, would have serving on Common Juries, except as hereinafter provided, Juries.

been exempt from
shall
shall be liable,
to serve on such

No one to be charged on the presentment or

10. No person shall be brought before the High Court on the presentment or inquisition of Grand Jurors, unless such inquisition of presentment or inquisition shall have been made by Grand Jurors who shall have been duly summoned before this Act comes into force; Provided that if any precept for summoning a Grand Jury shall have been issued for the then next coming Sessions of the High Court, such Grand Jury shall proceed at such Sessions as if this Act had not passed.

Grand Jurors, unless they have been summoned before the commencement of this Act.

Of Jury in Presidency Towns.

Certain trials to be held before Special Jurors.

11. Every person tried in a Presidency Town upon a charge of having committed an offence which is punishable with death, or upon any other charge, if a Judge of the High Court shall so order, shall be tried before a Special Jury.

The Jurors' Book for the current year, to be

taken as giving

the first list of Jurors and Special Jurors.

12. The Juror's Book for the year current when this Act comes into force shall be taken as containing a correct general list of persons qualified and liable to serve as Jurors under this Act; and those persons whose names are entered in the said Juror's Book as being privileged to serve on Grand or Special Juries only, shall be deemed to be persons privileged and liable to serve only as Special Jurors under this Act; and a list of such last mentioned persons to be called the "Special Juror's List" shall forthwith, and subject to such rules as shall be prescribed by the High Court, be prepared by the Clerk of the Crown or such other Officer as the Chief Justice of the High Court shall direct.