Section 326 CrPC: Conviction or Commitment on Evidence Recorded by Multiple Magistrates – Indian Criminal Procedure Code

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Section 326 CrPC: Conviction or Commitment on Evidence Recorded by Multiple Magistrates

This section deals with the situation where evidence in a case is recorded by multiple Magistrates. It outlines the procedure for conviction or commitment based on such evidence.

1. The Code

Section 326 of the Code of Criminal Procedure, 1973

2. Explanation

The section states that when evidence in a case is recorded by two or more Magistrates, the Magistrate who is ultimately trying the case may consider all the evidence recorded by the previous Magistrates. This includes:

  • The evidence given by witnesses
  • The statements of the accused
  • The documents produced

This allows for a comprehensive and complete record of the case to be considered by the trying Magistrate, even if the evidence was collected by different Magistrates.

3. Illustration

Consider a case where an accused is charged with theft. During the investigation, one Magistrate records the statements of witnesses at the scene of the crime, while another Magistrate examines the accused and records their statement. In this case, the Magistrate ultimately trying the case can consider all the evidence recorded by both Magistrates to arrive at a judgment.

4. Common Questions and Answers

Q1: Can the trying Magistrate disregard evidence recorded by a previous Magistrate?

No, the trying Magistrate cannot disregard the evidence recorded by a previous Magistrate. They are bound to consider all the evidence, regardless of who recorded it.

Q2: What if there are contradictions in the evidence recorded by different Magistrates?

If there are contradictions, the trying Magistrate must carefully examine the evidence and resolve the contradictions before reaching a judgment.

Also Read  Section 105 CrPC: Reciprocal Arrangements for Legal Processes - India's Code of Criminal Procedure

Q3: What happens if the evidence recorded by a previous Magistrate is deemed inadmissible?

Even if the evidence is deemed inadmissible, the trying Magistrate must still consider it, but they are not bound by it. They can decide whether to rely on it or not, based on the specific circumstances of the case.

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