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Report No. 154

31. Power of District Judge to transfer cases.-

The District and Sessions Judge having jurisdiction may on an application by any party or whenever he considers it necessary in the interests of justice, transfer any case pending before a Nyaya Panchayat to any other Nyaya Panchayat within his jurisdiction.

32. Transfer of cases by Magistrate.-

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, if a complaint or Police report of an offence cognizable by a Nyaya Panchayat is made to a Magistrate, he may direct the complainant or the Police to present the complaint to the Nyaya Panchayat within whose jurisdiction the offence was committed.

33. Appeal in criminal cases.-

(1) An appeal shall lie to the Court of Sessionas from any order or sentence passed by a Nyaya Panchayat within sixty days of the passing of such order or sentence.

(2) The Court of Sessions may, pending disposal of the appeal under sub-section (1) direct that further proceedings in respect of any criminal proceedings be stayed or the execution of any sentence be suspended.

(3) Any order passed by a Court of Sessions under sub-section (1) shall be final.

34. Certain persons accused of theft not to be tried by Nyaya Panchayat.-

The Nyaya Panchayat shall not take cognizance of any offence of theft in which the accused, -

(a) has been previously convicted with imprisonment of either description for a term not less than three years; or

(b) has been previously fined out any Nyaya Panchayat; or

(c) has been bound over to be of good behaviour in proceedings instituted under section 109 or section 110 of the Code of Criminal of Procedure, 1973 (Central Act 2 of 1974).

35. Compounding of offences.-

The offence cognizable by a Nyaya Panchayat and punishable under Indian Penal Code specified in sections under clauses (1), (2) and (3) of section 26 may be compounded by both the parties with the permission of the Nyaya Panchayat.

The Code of Criminal Procedure, 1973 Back

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