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Report No. 77

Q. 56. Sessions cases: New procedure.-

Is the procedure under sections 208-209 of the Code of Criminal Procedure, 1973, in repaid to sessions cases, an improvement over the pre-1973 position from the point of view of ensuring it speedy and fair trial of the accused?

[Under the Code of 1973 elaborate commitment proceedings in sessions cases are abolished. When the case is instituted on police report, the Magistrate taking cognizance does only the preliminary work of supplying the accused with copies of the police report, statements of witnesses, documents etc., and then sends the case to the court of session. When the case is instituted otherwise than on a police report, the Magistrate makes a preliminary inquiry and then commits the case to the Court of Sessions].

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