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Report No. 47

Section to be inserted in all the Acts except the Wealth Tax Act and the Income-tax Act1.

Statement of case by the accused

(1) In every trial for an offence under this Act, the court shall, after the charge is framed-

(a) direct the prosecution to furnish to the accused (or, where there are more than one, accused to each of them separately), a copy of the charge and of the documents upon which the prosecution proposes to, rely and of which copies have not been already furnished to the accused; and

(b) for the purpose of ascertaining the case of the accused, call upon the accused to make a statement orally or in writing signed by him, touching upon all the facts set out in the charge and in the documents of which copies have been furnished to the accused:

Provided that where the court has dispensed with the personal attendance of the accused, the court may permit him to present a written statement signed by him through his pleaders.

(2) No oath shall be administered to the accused, when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to make such statement or by, making a false statement.

(4) The statement made by the accused or the failure to make a statement on all or any of the matters referred to sub-section (1) may be taken into consideration in such trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such statement may tend to show he has committed.

(5) Where the court has called upon the accused to make a statement under this section, the provisions of section 342 of the Code of Criminal Procedure, 1898, shall not apply, except as regards matters which, in the opinion of the court, had not been raised and communicated to the accused previously on and in respect of which the accused should be allowed an opportunity to explain the circumstances appearing against him.

(6) Where the accused has stated his case under this section, he shall not ordinarily be allowed to go beyond that case except with the leave of the court."

1. See para. 9.20 of the Report.

Section to be inserted in all Acts except the Income-tax Act and the Wealth Tax Act1.

In a trial for an offence under this Act, the Court shall, before passing judgment, give the prosecution and the accused a reasonable opportunity, of being heard as to the sentence to be passed.

1. See para. 9.36A of the Report.

Sections to be added regarding review of judgment (to be inserted in all the Acts)1, except the Wealth Tax Act and the Income-tax Act.

1. Any person considering himself aggrieved-

(a) by the judgment or order of a criminal court in a trial under this Act from which an appeal is allowed, but from which no appeal has been preferred, or

(b) by a judgment in such trial from which no appeal is allowed, and who, from the discovery of new and important matters or evidence which after the exercise of due diligence, was not produced by him at the time when the judgment was passed or order made or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the judgment passed or order made against him, may apply for a review of judgment to the court which passed the judgment or made the order.

2. A party who is not appealing from a judgment or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party, except where the ground of such appeal is common to the applicant and the appellant, or when, being the respondent, he, can present to the Appellate Court the case on which he applies for the review.

[Cf Order 47, rule 1, C.P.C.]

3. The provisions of the Code of Criminal Procedure, 18982 as to the form of preferring appeals shall apply, mutatis mutandis to applications for review.

[Cf. Order 47, rule 3, C.P.C.]

4. (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application.

(2) Where the court is of the opinion that the application for review should be granted, it shall grant the same:

Provided that-

(a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the judgment or order, a review of which is applied for; and

(b) no such application shall be granted on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge, or could not be adduced by him when the judgment or order was passed or made, without strict proof of such allegation.

[Cf. Order 47, rule 4, C.P.C.]

5. Application for review in Court consisting of two or more Judges.-Where the Judge or Judges, or any one of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the court at the time when the application for a review is presented, and is not or are not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.

[Cf. Order 47, rule 5, C.P.C.]

6. (1) Where the application for a review is heard by more than one Judge and the Court is equally divided, the application shall be rejected.

(2) Where there is a majority, the decision shall be according to the opinion of the majority.

[Cf. Order 47, rule 6, C.P.C.]

7.(1) An order of the Court rejecting the application shall not be appealable; but an order granting an application may be objected to on the ground that the application was-

(a) in contravention of the provisions of section 4, or

(b) was after the expiration of the period of limitation prescribed3 therefor, and without sufficient cause.

(2) Such objection may be taken at once by an appeal from the order granting the application, or in any appeal from the final judgment or order passed or made in the case.

[Cf. Order 47, rule 7, C.P.C.]

8. When an application for review is granted, the court may at once re-hear the case, or make such order in regard to the re-hearing as it thinks fit.

[Cf. Order 47, rule 8, C.P.C.]

9. No application to review of an order made on an application for a review or a judgment or order passed or made on a review shall be entertained.

[Cf. Order 47, rule 9, C.P.C.]

10. The Court to which an application is made for review of judgment may, pending disposal of the application, stay execution of the judgment or order on such terms as it thinks just.

1. See para. 9.27 of the Report.

2. See section 419, Criminal Procedure Code.

3. As to the period of limitation, see Limitation Act, 1963, Article 124, quoted below.-

"Article 124 For a review of judgment by a court other than the Supreme Court Thirty days.

Section to be inserted in all the Acts except the Income-tax Act and the Wealth Tax Act.1

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no finding, sentence or order passed by a court shall be reversed or altered by a Court of appeal, confirmation or revision on account of the absence of, or any error, omission or irregularity in, the sanction or consent2, for prosecution or complaint required in respect of the offence which is the subject-matter of the inquiry, trial or other proceedings under that Code for an offence under this Act, unless, in the opinion of that Courts failure of justice has in fact been occasioned thereby.

(2) In determining whether the absence of, or any error, omission or irregularity in, such sanction, consent or complaint has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Explanation.-Reference in this section to a sanction or consent for prosecution or complaint required includes reference to any requirement that the prosecution shall be at the instance of a specified authority, or that the complaint shall be by a specified person or with the sanction of a specified person or any requirement of a similar nature3.

1. See para. 11.13 of the Report.

2. The wording referring to sanction etc., may be suitably changed where the statutory requirement is differently worded.

3. The Explanation will not be needed in all Acts, but will be needed in Acts in which requirements of different types co-exist.

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