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Report No. 77

12.12. English law as to certain traffic offences.-

We may also in this connection refer to the scheme of the English law viz., section 80 of the Road Traffic Regulation Act, 1967 which deals with punishment without prosecution of offences in connection with lights reflectors and obstruction. According to that section1 where a police constable finds any one in some specified areas committing an offence in respect of a vehicle as under:

(a) by its being left or parked during the hour of darkness without lights or reflectors as required by law, or

(b) by its obstructing a road, or

(c) by the non-payment of the charge made at a street parking space, he may give the person concerned a prescribed notice in writing, offering the opportunity of the discharge of liability to a conviction of that offence by payment of a fixed penalty within 21 days of the service of the notice. The fixed penalty for the offence shall be £ 2 or one-half of the maximum amount of the fine to which a person not previously convicted is liable on summary conviction of the offence, whichever is less.

1. Section 80, Road Traffic Regulation Act, 1967(english).

12.12A. Framing of the charge and examination of the accused.-

In criminal trials we wish to emphasise the importance which attaches to the framing of the charge. The trial Magistrates should take particular interest in this matter and should not leave it to the prosecutors to give to them a draft of the charge. Many subsequent complications can be avoided and delays on that account obviated, if a charge is properly framed and worded.

Likewise, it is necessary that while recording statements under section 313 of the Code of Criminal Procedure, the magistrates should take particular care to ensure that all incriminating pieces of evidence are put to the accused. Failure to do so sometimes results in undeserved acquittal, and on other occasions, in remand of the case.



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