APPENDIX III 763
N.B. 1. Inquest in presidency-towns.In the presidency-towns of Bombay and
Calcutta the Coroner holds inquests, and not the police, under the Cononer's Act (IV of
2. It appears to the Government of India that it will be better, if inquiries into
cases of sudden and unnatural deaths of soldiers are made by Magistrates and not by the
police. The police should, however, report all such occurrences to the Magistrate.
No. 1398, dated 10th October 1878.
Sec. 175. Power to summon persons.(1) A police-officer proceeding under section
174 may, by order in writing, summon two or more persons as aforesaid for the purpose
of the said investigation, and any other person who appears to be acquainted with the
facts of the case. Every person so summoned shall be bound to attend and to answer
truly all questions other than questions the answers to which would have a tendency
to expose him to a criminal charge, or to a penalty or forfeiture,
(2) If the facts do not disclose a cognizable offence to which section 170 applies,
such persons shall not be required by the police-officer to attend a Magistrate's Court.
Sec. 176. Inquiry by Magistrate into cause of death.(1) When any person dies
while in the custody of the police, the nearest Magistrate empowered to hold inquests
shall, and, in any other case mentioned in section 174, clauses (a), (b) and (c) of sub-
section (1), any Magistrate so empowered may hold an inquiry into the cause of death,
either instead of, or in addition to the investigation held by the police-officer; and, if
he does so,, he shall have all the powers in conducting it which he would have in hold-
ing an inquiry into an offence. The Magistrate holding such an inquiry shall record
the evidence taken by him in connection herewith in any of the manners hereinafter
prescribed according to the circumstances of the case.
Power to disinter corpses.(2) Whenever such Magistrate considers it expedient to
make an examination of the dead body of any person who has already been interred, in
order to discover the cause of his death, the Magistrate may cause the body to be dis-
interred and examined. ___m
Sec. 198-A. Prosecution of offence for marital misbehaviour.No Court shall take
cognizance of an offence under section 376 of the Indian Penal Code, where such offence
consists of sexual intercourse by a man with his own wife, the wife being under fifteen
years of age,
(1) if more than one year has elapsed from the date of the commission of the
(ii) in the case of any marriage which has taken place before the Indian Penal
Code and the Criminal Procedure (Amendment) Act, 1949, came into force if
the wife was not under thirteen years of age on the date of the marriage.
The following two sections, viz, 243 and 244 are meant for, the trial of summons
cases by Magistrates:
Sec. 243. Conviction on admission of truth, of accusation.If the accused admits
that he has committed the offence of which he is accused, his admission shall be recorded
as nearly as possible in the words used by him ; and, if he shows no sufficient cause
why he should not be convicted, the Magistrate may convict him accordingly.
Sec. 244. Procedure when no such admission is made.(1) If the Magistrate does
not convict the accused under the preceding section or if the accused does not make
such admission, the Magistrate shall proceed to hear the complaint (if any) and take all
such evidence as may be produced in support of the prosecution, and also to hear the
accused and take all such evidence as he produces in his defence:
Provided that the Magistrate shall not be bound to hear any person, as complainant
in any case in which the complaint has been made by a Court.
(2) The Magistrate may, if he thinks fit, on the application of the complainant or
accused, issue a summons to any witness directing him to attend or produce any docu-
ment or other thing.
(3) The Magistrate may, before summoning any witness on such application, re-
quire that his reasonable expenses incurred in attending for the purposes of the trial
be deposited in Court.
The following section, viz. 257, is meant for the trial of warrant cases by
Sec. 257. Process for compelling production of evidence at the instance of accused.
(1) If the accused, after he has entered upon his defence, applies to the Magistrate to
issue any process for compelling the attendance of any witness for the purpose of exa-
mination or cross-examination, or the production of any document or other thing, the
Magistrate shall issue such process unless he considers that such application should be
refused on the ground that it is made for the purpose of vexation or delay or for defeat-
ing the ends of justice. Such grounds shall be recorded by him in writing: Provided
that, when the accused has cross-examined or had the opportunity of eross~exarnining
any witness after the charge is framed, the attendance of such witness shall not be com-
pelled under this section, unless the Magistrate' is Satisfied that it is necessary for th«
purposes of justice.