CAP. 75
Criminal Procedure Code
[Rev. 2012]
(2) The magistrate shall, if the person arrested appears to be the person
intended by the court which issued the warrant, direct his removal in custody to
that court:
Provided that if the person has been arrested for an offence other than murder,
treason or rape, and he is ready and willing to give bail to the satisfaction of the
magistrate, or if a direction has been endorsed under section 103 on the warrant
and the person is ready and willing to give the security required by the direction,
the magistrate shall take the bail or security, as the case may be, and shall forward
the bond to the court which issued the warrant.
(3) Nothing in this section shall prevent a police officer from taking security
under section 103.
113. Irregularities in warrant
An irregularity or defect in the substance or form of a warrant, and any variance
between it and the written complaint or information, or between either and the
evidence produced on the part of the prosecution at a trial, shall not affect the
validity of any proceedings at or subsequent to the hearing of the case, but, if
a variance appears to the court to be such that the accused has been thereby
deceived or misled, the court may, at the request of the accused, adjourn the
hearing of the case to some future date, and in the meantime remand the accused
or admit him to bail.
[Act No. 13 of 1982, First Sch.]
Miscellaneous Provisions regarding Processes
114. Power to take bond for appearance
Where a person for whose appearance or arrest the officer presiding in a court
is empowered to issue a summons or warrant is present in court, the officer may
require the person to execute a bond, with or without sureties, for his appearance
in that court.
115. Arrest for breach of bond
When a person who is bound by a bond taken under this Code to appear before
a court does not so appear, the officer presiding may issue a warrant directing that
the person be arrested and produced before him.
116. Power of court to order prisoner to be brought before it
(1) Where a person for whose appearance or arrest a court is empowered
to issue a summons or warrant is confined in prison within the local limits of the
jurisdiction of that court, the court may issue an order to the officer in charge of the
prison requiring him to bring the prisoner in proper custody, at a time to be named
in the order, before the court.
(2) The officer so in charge, on receipt of the order, shall provide for the safe
custody of the prisoner during his absence from the prison.
[Issue 1]
C44 - 44
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