Code
(1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
(2) When the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.
Explanation:
This section empowers a Magistrate or a Court to resume an inquiry or trial that has been discontinued due to various factors, such as:
- The absence of the accused or the complainant.
- The death of the accused or the complainant.
- The transfer of the case to another court.
- The illness of the presiding officer.
- Any other reason.
The section specifies that the inquiry or trial can be resumed from the stage at which it was discontinued. However, the court must ensure that the resumption is fair and just to all parties involved.
Illustration:
Imagine a trial against a person for theft, which had to be stopped midway due to the accused falling ill. After the accused recovers, the court can invoke Section 331 to resume the trial from the stage where it was left off, ensuring the continuation of the judicial process.
Common Questions and Answers:
Q: Can the court resume an inquiry or trial after it has been discharged?
A: No, Section 331 does not apply to a discharged inquiry or trial. Discharge implies a final decision on the case, and it cannot be revived under this section.
Q: Does the court have to resume an inquiry or trial if it has been discontinued?
A: No, the court has the discretion to resume or not resume the inquiry or trial. It will consider the specific circumstances of the case and the reasons for the discontinuation before making a decision.
Q: Can the accused object to the resumption of an inquiry or trial?
A: Yes, the accused has the right to be heard and present their objections before the court. The court will consider the accused’s arguments before deciding whether to resume or not.
