- Withdrawal under section 321 can either be generally or in respect of any one or more of the offences for which the accused is tried.
- The public prosecutor in charge of a case with permission of court can withdraw a case from prosecution under section 321 Crpc.
- Prosecution of a case involving misappropriation of property belonging to the central government can be withdrawn by the public prosecutor appointed by state government on permission granted by Central government.
- If the withdrawal is made before the framing of charge the accused is discharged.
- If the withdrawal is made after the framing of charge then the accused is acquitted in respect of such offences.
- Under section 322 of Crpc, if during the trial or enquiry, Magistrate is satisfied that he doesn’t have jurisdiction to try the case, then he will submit the case to Chief Judicial Magistrate:
- Conditions under which case can be transferred by Judicial Magistrate to the Chief Judicial Magistrate under section 322 are that the case should be tried by CJM or the case is specifically triable by other Magistrate or the Magistrate trying the case doesn’t have the jurisdiction to try the case.
- Section 323 talks about those cases which ought to be tried by the Court of Sessions in public interest or for want of severe punishment or in such cases which are more technical.
- Section 323 prescribes only the power of committal whereas section 209 prescribes both power as well as process of committal.
- A criminal case can be committed to the court of Sessions by Judicial Magistrate under section 209 Crpc. (Bound of Commit)
- Section 324 of Crpc talks about trial of persons previously convicted of offences against coinage, stamp law or property.
- Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and he ought to receive severe punishment, then such Magistrate is empowered to inflict, the Magistrate may forward the case to Chief Judicial Magistrate under section 325.
- The powers of Chief Judicial Magistrate when a case is submitted to him under section 325 are that he is free to take further evidence or may take trial Denovo or may proceed the case from the point where he received it or it may acquit the accused or he may convict the accused with whatever punishment he wants to give.
- When the personal attendance of the accused has already been dispensed with or where the judgment is that of acquittal, the presence of accused may be dispensed with at the time of delivering the judgment.
- Section 326 of Crpc talks about conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
- For the purpose of enquiringly or trying offences, a criminal court shall be deemed to be open court. (Sec 327)
- Provisions as to accused persons of unsound mind are provided in chapter 25 (Sec 328-339)
- Under section 328, legal protection has been provided to an accused who is of unsound mind.
- Section 329 prescribes the procedure in case of person of unsound mind is tried before the court.
- If at the trial of an unsound person, no prima facie case is made out against him, the court shall discharge him and deal with him in the manner provided in sec 330.
- If at the trial of an unsound person, a prima facie case is made against the accused, the court shall postpone the trial for such period as is required for the treatment of the accused.
- Section 330 provides for the release of person of unsound mind pending investigation or trial.
- If a prima facie case is made against an accused and the case is one in which bail may be given, the court shall release him on bail; provided an undertaking is taken from a friend or relative that his treatment will be done on regular basis and to prevent him from doing injury to himself or to any other person. (Sec 330(1))
- If a prima facie case is made against an accused and the case is one in which bail cannot be granted then the court shall order the accused to be kept in such a place where regular psychiatric treatment can be provided. (Sec 330(2))
- Section 331 of Crpc provides that if the unsoundness of the accused has ceased, then the court shall resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court.
- Section 332 provides that, if after appearing before the court, as per section 331, the accused is still unable to make his defence, the Magistrate shall deal with the accused in accordance with the provisions of section 330.
- Section 333 says that at the time of inquiry or trial, the court has reason to believe that the accused committed the act was unsound and thus incapable to know the nature of the act, the Magistrate shall proceed with the case.
- Section 334 says that whenever a person is acquitted upon the ground that at the time of alleged offence, he was by reason of unsoundness of mind, incapable of knowing the nature of the act, the finding shall state specifically whether he committed the act or not.
- Whenever a person is acquitted on the ground that at the time of alleged act, he was incapable to know the nature of the act, order such person to be detained in safe custody in such place and manner as the Magistrate or court thinks fit. (Section 335)
- Section 336 provides that the state government may empower the officer in charge of a jail to discharge any of the functions of the Inspector-General of Police under section 337 or 338.
- As per section 337, where a person is detained in jail as per provisions under section 330(2), and the visitors certify that such person is capable of making his defence, he shall be taken before the Magistrate or Court.
- When a person is certified fit to make his defence under section 337, the Magistrate or Court shall deal with such person under the provisions of section 332.
- As per section 338(1) of Crpc, when the IG of police or the visitors certify that the person detained under section 330(2) or section 335 is fit to be release without danger of his doing injury to himself or to any other person, the State government may appoint a commission to give a report.
- The Commission as appointed under section 338(1) shall make a formal inquiry into the state of mind of such person and shall report to the State government, which may order his release or detention as it thinks fit.
