Code:
(1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.
(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.
(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.
Explanation:
This section empowers a Magistrate, after considering the police report and other materials submitted, to take one of the following actions:
- Direct further inquiry into the case.
- Order the police to collect additional evidence.
- Discharge the accused if the evidence is insufficient.
- Commit the accused to the Sessions Court if the case is triable by that court.
The Magistrate has the discretion to choose the appropriate course of action based on the specific circumstances of the case.
Illustration:
Imagine a case where the police submit a report alleging theft. The Magistrate, after examining the report and other materials, finds that the evidence is insufficient to establish the accused’s guilt. However, the Magistrate believes that further investigation could shed light on the matter. In such a situation, the Magistrate could use the powers under Section 367 to direct the police to conduct further inquiry or collect additional evidence.
Common Questions and Answers:
Q: What are the grounds for directing further inquiry or additional evidence?
A: The Magistrate can order further inquiry or additional evidence if they find that the existing evidence is insufficient or inconclusive, or if they believe that further investigation is necessary to establish the truth of the matter.
Q: Can the Magistrate order a fresh investigation?
A: No, the Magistrate cannot order a fresh investigation. They can only direct further inquiry or additional evidence within the scope of the existing investigation.
Q: What happens if the Magistrate discharges the accused?
A: The accused is released from custody and the case is closed. However, the prosecution can appeal against the discharge order.
