169.
Detention in Custody in Case of Refusal to Execute Bond.
If any complainant or witness refuses to execute the bond above directed, the Magistrate may
detain him in custody until he executes the bond or until his attendance at the trial is required
when the Magistrate shall send him in custody to the High Court.
170.
Charge Etc. To Be Forwarded.
When the accused is committed for trial the Magistrate shall send the charge, the record of the
inquiry and any weapon or other thing, which is to be produced in evidence to the court, which
is to try the case.
171.
Power to Summon Supplementary Witnesses.
(1)
The committing Magistrate or in the absence of such Magistrate any other
Magistrate may, if he thinks fit, summon and examine supplementary witnesses
after the commitment and before the commencement of trial and bind them over in
manner herein before provided to appear and give evidence.
(2) Such examination shall if possible be taken in the presence of the accused and if
not so taken the record thereof shall be read over to the accused before the trial.
(3) A copy of such record shall, if the accused so requires, be given to him free of cost.
172.
Custody of Accused Pending Trial
The Magistrate shall, subject to the provisions of this Code regarding the asking of bail commit
the accused by warrant to custody until the end of the trial.
Note:- For form of warrant see Schedule 111, 29.
172. A
Summary Commitment for Trial.
(1) A Magistrate of the first or second class may summarily commit a person for trial to
a High Court by means of the following procedure, conducted in the presence of the
accused :(a) the Magistrate shall inform the accused of the offence of which he is accused and
explain ;
(b) the Magistrate shall read out, or order to be read out, all statements recorded in the
Case Diary which are relevant to the accusation, whether they were against or in
favour of the accused, giving the names of the persons who made the statements, and
any statements in the Case Diary made by the accused but omitting anything which
is legally inadmissible in evidence and shall mark what is read out;
(c) the Magistrate shall show and explain to the accused anything else which is
admissible in evidence, including plans and medical reports;
(d) the Magistrate may call any witness to give evidence, whether he was a person
whose statement has been recorded in the Case diary or any other person.
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