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    Question

    Which of the following statements are correct?

    A Accused person is not a competent witness Correct Answer Incorrect Answer
    B Accused can be punished if he gives false answer in examination section 313-Cr P.C. Correct Answer Incorrect Answer
    C Conviction can be based upon evidence partly recorded by one magistrate and partly recorded by another magistrate Correct Answer Incorrect Answer
    D Compounding of offence under section 320 (8) CrPC does not have effect of acquittal. Correct Answer Incorrect Answer

    Solution

    Section 326.   Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. (1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:   Provided that if the succeeding Judge or Magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Cofrom one judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325.

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