37
Trial
Chapter I
General Provisions
Stepping aside by the Magistrate from assuming trial
131.(1) No Magistrate shall assume trial of any criminal suit, in which he
has previously conducted inquiry , been a party thereto or has a
private interest therein.
(2) The Magistrate, who passed the judgement shall not participate
in considering any contest, confirmation or review of such
judgement.
No retrial after acquittal or conviction
132.(1) No person shall be retried, for any offence, in which he has
been finally adjudged as acquitted, or convicted, before a
competent court.
(2) Any person may be tried, for the results consequential to his
act, which have not been known to the court, upon a previous
trial, where such results constitute another offence independent
of the offence, for which he has been tried.
(3) Plea of final judgement may be made in the same offence, at
any of the stages of the criminal suit, and the accused shall be
released, whenever the same is proved.
Sittings to be open
133.
Trial shall publicly be conducted, and the public may attend the
same; provided that the court may, in its discretion, order at any
of the stages of trial, exclusion of the public generally, or any
person of those attending, or remaining at the sitting, whenever
the nature of trial procedure, or order requires the same.
Trial in absentia
134.(1) An accused shall be tried in his presence, and shall not be tried,
in absentia, save in the following cases :(a) his being accused of any of the offences against the State;
(b) the court deciding exempting him from appearance; on
condition that he shall admit, in writing, that he is guilty,
or an advocate, or agent appears, on his behalf;
(c) the court deeming that proceeding with the procedure, in
the absence of the accused does not prejudice the defence
case in any way.
(2) in all the cases, provided for in sub-section (1), summons
shall be served by the way, provided for in this Act.
The right of the accused to be defended
by an advocate or pleader
135.(1) The accused shall have the right to be defended by an advocate,
or pleader.
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