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764'                                              MEDICAL JURISPRUDENCE

(2) 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.

Sec. 267. Trials before High Court to be by jury.—All trials under this Chapter
before a High Court shall be by jury; and, notwithstanding anything herein contained,,
in all criminal cases transferred to a High Court under this Code or under the Letters
Patent of any High Court established under the Indian High Court Act, 1861, or the
Government of India Act, 1915, or the Government of India Act, 1935, the trial may, if
the High Court so directs, be by jury.

Sec. 268. Trials before Court of Session to be by jury or with assessors.—All trials
before a Court of Session shall be either by jury, or with the aid of assessors.

Sec. 269. State Government may order trials before Court of Session to be by
jury.—(1) The State Government may, by order in the Official Gazette, direct that the
trial of all offences, or of any particular class of offences, before any Court of Session,
shall be by jury in any district, and may revoke or alter such order.

(2)  The State Government, by like order, may also declare that, in the case of any
district in which the trial of any offence is to be by jury, the trial of such offences shall,
if the judge, on application made to him or of his own motion, so directs, be by jurors
summoned from a special jury list, and may revoke or alter such order.

(3)  When the accused is charged at the same trial with several offences of which
some are and some are not triable by jury, he shall be tried by jury for such of those
offences as are triable by jury, and by the Court of Session, with the aid of the jurors
as assessors, for such of them as are not triable by jury.

Sec. 274. Number of jury.—(1) In trials before the High Court the jury shall
consist of nine persons.

(2) In trials by jury before the Court of Session the jury shall consist of such
uneven number, not being less than five, or more than nine, as the State Government,
by order applicable to any particular district or to any particular class of offences in
that district, may direct:

Provided that where an accused person is charged with an offence punishable with
death, the jury shall consist of not less than seven persons and, if practicable, of nine

Sec. 276. Jurors to be chosen by lot.—The jurors shall be chosen by lot from the
persons summoned to act as such, in such manner as the High Court may from time to
time by rule direct:

Provided that—

Firstly, pending the issue under this section of rules for any Court, the practice
now prevailing in such Court in respect to the choosing of jurors shall be followed ;

Secondly, in case of a deficiency of persons summoned, the number of jurors re-
quired may, with the leave of the Court, be chosen from such other persons as may be

Thirdly, in a trial before any High Court in the town which is the usual place of
sitting of such High Court—

(a)  if the accused person is charged with having committed an offence punishable
with deatfi, or

(b)  if in any other case a Judge of the High Court so directs, the jurors shall be
chosen from the special jury list hereinafter prescribed; and

Fourthly, in any district for which the State Government has declared that the
trial of certain offences may be by special jury, the jurors shall, in any case in which
the Judge so directs, be chosen from the special jury list prescribed in section 325.

Sec. 280. Foreman of jury.—(1) When the jurors have been chosen, they shall
appoint one of their number to be foreman.

(2)  The foreman shall preside in the debates of the jury, deliver the verdict of
the jury, and ask any information from the Court that is required by the jury or any
of the jurors.

(3) If a majority of the jury do not, within such time as the Judge thinks reason-
able, agree in the appointment of a foreman, he shall be appointed by the Court.

Sec. 284 Assessors how chosen.—When the trial is to be held with the aid of
assessors, not less than three and, if practicable, four shall be chosen, from the persons
summoned to act as such.

Sec. 305^  Verdict in High Court when to prevail.—(1) When in a case tried before
a High Court the jury are unanimous in their opinion, or when as many as six are of
°^i01^ o inion       ^^ ^^ th™L> the Judge sha11 give ^<*g™*nt in accord-

«P} 7Sien ^ ^ SUch Case the iury a*6 satisfied ^at they will not be unanimous,
^ r/^T*1? °f^ne opinion> ** fore«^ shall so inform the Judge.

(3)  If the Judge disagrees with the majority, he shall at once discharge the jury