4 #

* # * t

^

THE BAGHDAD CRIMINAL

PROCEDURE REGULATIONS

k

Proclamation.

1. Lieutenant General William Raine Marshall, K.C.B.,

K.C.S.I., by virtue of the authority vested in me as General Officer

Commanding-in-Chief His Britannic Majesty's Forces in Mesopo-

tamia, do hereby proclaim and order as follows:—

1. The Law entitled " The Baghdad Criminal Procedure

Regulations " is hereby promulgated and shall be brought into force

on the first day of January, 1919. Copies of the said Law shall

be open to inspection and shall be on sale at the offices of all Poli-

tical Officers and Assistant Political Officers in the Baghdad

Wilayet.

2. All criminal proceedings, commenced after the said date,

to which the Baghdad Criminal PVocedure Regulations are appli-

cable, may be conducted in accordance with the said Regulations,

notwithstanding that the offence was committed previously to that

date.

Made at Baghdad this 15th day of November, 1918.

W. R. MARSHALL. LIEUT.-GENERAL,

Commanding-in-Chief s

— Mes. Ex. Force.

The Baghdad Criminal Procedure Regulations.

C O N T E N T S .

PART L ^ Preliminary,

CHAPTER I . SECTIONS

t Short Title 2 Extent

S*vmg of Exigencies of V\ ai S. Definitions

Words referring to Acts Words to have same meaning as in Penal Lode Powers of Officers acting temporarily

PART U Constitution and Powers of Criminal Courts *nd of Procurators

CHAPTER I I (1) O f THt CONSTITUTION OF O l t U N A L C0TOT8

4 Classes of Criminal Courts * 5 Constitution of Courts of Session

Appointment of Civil Judge as President 6 Ex-offmo Magistrate 7 Special Magistrates 7A Bench of Magistrates 8 Subordination of Magistrates to Political Officer

(2) Of P 0 V \ » B ? OF COUBTB AND NATT.RP OF S E N T F N C E S WHICH M\* BE PATOSD m TH*W

9 Offences triable bj Courts 10. Trial of Juvenile Offenders 11 Powers of Courts of Session 12 Powers of Court of Magistrate of the First Class

Powers conferred m special cases 13 Powers of Court of Magistrate of the Second Class 14 Powers of Court of Magistrate of the Thv d Class 15 Combination of Sentences 16 Imprisonment m default of payment of fine

Provisos 17 Sentences in case of conviction of seveial offences at one trial

Provisos

CHAPTER I I I

Or PfloctntATORs 18 Appointment of Procurators

Assistant Procurators 19 British Police Officer to be Procuratoi 20 Appointment of peison other than fliiti'-h Polite Om<er 21 Political Officers to act in certain cases 22 Investigation of offences 23, Procurators are both Police Officers and Magistrates

PART III Of Arrest and Process

CHAPTER IV

O F AREfcST

24 When Police may arrest 2S, Arrest of suspected persons 26 When a private person may arrest 27. Arrest for offence committed in M&gisir a» >. [>rr«tnre

Arrest by or in presence of Magistrate 28 Resisting the endeavour to arrest 29. „ Power to seise offensive weapon» 30 When public «re bound to assist Magistrate, etc 31. SeKWsb. of place entered by person to be arrested 32. Pursuit of offender mto other 3nmd»tton .33. ' No unnecessary restraint

ii Contents.

PBOOHHJBB jtras A s s » * 34. Procedure after arrest by watchman or private person. 56. Procedure v,hm «Header refuses Ms name sad address 26. Person arrested to be taken before Magistrate or Officer in charge of a Police Station^ 37. Person arrested -without warrant not to be detained more than 24 boar*. 38. Police to report arrest» without warrant $3. Search of arrested person.

Searching a woman. lost of articles found

40. Discharge of Rrrestpd person

GHAPT1& V. " Or PBOCESSBS TO txama, A n i u H o .

(A) Summons. 41. form of Summon» m*

Summons, by -whom served; 42. Summons, now served. 43. Service on Company. 44 Service when person summoned cannot be found 45, Inability of person to sign and seal. 46. Service outside the local limits 47 Proof of service

{B) Wan ant of Arrest 48 Form of warrant of arrest

Continuance of warrant. 49 Magistrate may direct security to be taken

Form of endorsement directing security. Bond to be foi warded.

50 Warrants, to whom directed Warrants to several persons

51 Warrant directed to Police Officer 52 Notification of substance of warrant. 53 Person arrested to be brought before Magistrate without delay 54 Where warrant may be executed 55 Warrant forwarded for execution outside jurisdiction. 56 Warrant directed to Police Officer outside jurisdiction. •» 57 Procedure on arrest outside jurisdiction

• (C) Proclamation and Attachment

58 Proclamation for absconding person. 59 Attachment of property of absconding person

Sale of attached property. 60 ^Restoration of attached property.

{D) Other Rules regarding Process 61 Issue of summons and warrants to, compel attendance

Issue of warrant instead of summons 62 Power to take bond for appearance Sk Arrest for breach of bond for appearance. 64 Provisions of this chapter to apply generally to summonses and warrants.

GHAPTEB VI Or PPOCBSSES 'TO COMPEL THE FRODTTMTON OF DOCUMENTS AND OTHER MOVABLE

PROPERTY, AND FOR THE DISCOVERY OF PERSONS waOHGFUIJHr CONFINED. —

(A) 'Summons u> Produce 65 Summons to produce document or thing

{B) Searches. 66. Issue of search warrant by a Magistrate or Procurator 66A Search for document 67 Application of Police for search warrant. 68 Search for stolen property, etc 69 Search for person illegally confined. 70 Search to be made in presence of witnesses 71. Occupant of place searched may attend 72 Search of persons found m the place. 73 Execution of search warrant outside jurisdiction. * 74 Provisions as to warrants of arrest to apply to search warrants 75 Magistrate may direct search m his presence

PART IV. * Of Security for Keeping the P««ee and for Good Behaviour.

CHAPTER VU. (A) Basmaax rm KBBHUG THE PEACE OK CojmartoN,

76 Bond for keeping the peace on Conviction.

\B) SBCUBITT rm XMWBWI rm, Psac» ©SHSMWIB» THAN ON -Gotrnmusm A»» S&mmwr FOB Quae Bsnsmom -

77. ( Bond to prevent a breaeh <rf the peace. Arrest to present a breach «f the pease

78 Bond for good behaviour. Bonds not exceeding on© year's good behavioar. Bonds not ««seeding three years good beaavfeiif. *

78. Sammoas to person to show «aase. Warrant for arrest way issue if breaieh of peace is 1%« . * T-

Contents uj SKIXIOMB. #

80. Procedure <m appearance before Magistrate SL Procedure when bond w considered necessary

Proviso». Procedure when bond is not considered necessary

{O) PROCEEDINGS m AIX CASSS BWBSBJJTTENI TO OBDEB TO MJBMSH &*.' r am: SB. Commencement of period for which security a given 83 Nature of bond 84. Magistrate may reject security offered. 86. Imprisonment for failure to provide security 86. Proceedings must be sent for confirmation

Pending confirmation, order shall have effect 87. Discharge of person imprisoned for failure to gne security 88. Cancellation of bond or reduction of security 89 Application by surety for cancellation of bond

Procedure 4K The taking of fresh security.

90. Delegation of authority by Civil Commissioner 90A. Police supervision

PART V Proceedings Preliminary to Trial

CHAPTER VIII UF IM-O-U-MATION AND or I-NVEsm.ATioN BY OFFICERS IN CBABGE

OF Posse» STAXIOSS 91. Duty of Government officials, etc , to report offences 92. Duty of Mukhtars, eta, to report suspicious: persons or events 93 Duty of ail persons to report offences 94 Procedure by Police on receipt of information 95. Police to refer informant to Procurator or Magistrate m certain cases 96. Cases which Police shall proceed to investigate. 97 CaseB in which investigation may be omitted * 98 Investigation where delay might defeat the ends of justice 99 Report by Police to Procurator before investigation.

Procurator may direct conduct of investigation 100. Power of Police Officer to •summon and examine witnesses. 101. No inducement to be offered 102. Case to be sent to Procurator when eviden'e is sufficient 103 Release of accused v,hm e\id<nice is deficient* J.04 Final report of Police 105. Powers of Proturator tonductmg mvestigatien 106A Police to inquire and seport on death? bj violence or accident 105B Inquests *

"CHAPTER IX

0 > INVESTIGATION BY PROCURATORS

106 Cases requiring investigation by Procurator. 107 When investigation may be omitted 108. Procedure when Police investigation is sufficient 109 Investigation of lighter offences by Procurator 110 Local enquiries by Procurator. 111 Procurator may authorise detention for four days.

Powers of Magistrate as to remand 112. Appeal against detention by order of Procurator 113 Examination of witnesses by Procurator 114. Examination and statement of accused. 115. Cross-examination of witnesses, 116 Witnesses for defence 117. Accused or Civil claimant may be present

Advocates may be present 118 Release of accused when evidence deficient 119 Case to be sent to Magistrate when evidence sufi'i n nt 120 Case for trial by Court of Session 121 Security for appearance may be required from witne"

Procedare on failure to provide security *

CHAPTER X

Qr COMMITTAL won Tsui, BY A COURT or SSSSIOH

122. Power to commit for trial. 123 Examination of evidence by Magistrate

When Police report may be accepted by Magistrate 124. When Magistrate shall examine all the witnesses 125. Process for the production of farther evidence 186. Power to examine accused 127. When accused person is to be discharged 128 When charge is to be framed

Charge explained and copy furnished to accused 129. List of witnesses for defence at the trial.

Farther list 130. Power to examine snch witnesses 131. Order of Commitment 132. Summons to witnesses for defence. 133. Bonds «f complainants and witnesses.

Detention in custody on refusal to execute bond. 124. Charge to be forwarded IS*. Power to examine sapp'ewentary witnesses 136. Custody of «ceased pending trial

iv Contents.

PARr VI Trill*

CHAPTER X I Or TOT CIVIL CLAIMANT MID OF CIVIL DAMAGES

StCTIOKS 137. When. Oivil damages may be claimed m Cmwnal Court 138 Service of notice, e t c , on Civil Claimant 139, Withdrawal of Claim 140 When compensation m»y be awarded to accused.

CHAPTER XII W PiAC» OF INQUIRY AND TRIAL

141 Ordinary place of inquiry and trial 142 Power to transfer 143. Proceedings before wrong Court not to be invalid

CHAPTER XIII. OF <-*N(T!O\» WHFS^APV FOR THE IVITIATH». OF CBRTAIK PROCEEDINGS

144 OffeiKt-. m jespeot of'whub proceedings may not be initiated without sanction

CHAPTEE XIV. OF THE INITIATION cm JUDICIAL PROCEEDINGS BEFORE A MAGISTRATE

145 Cognizance of offences by Magistrates 146 Examination of complainant 147 Prooednre by Magistrate not competent to take cognizance of the raw 148 Transfer ofr cases by Magistrate 149 Postponement of issue of process 150 Dismissal of complaint 151 Issue of process 152 Magistrate may dispense with personal attendance of accused

- CHAPTER XV Or TRIALS BY MAUISTB-ATES OTHER THAN SUMMARY TRIALS

153 Non-summary trials by Magistrates 154 Evidence for prosecution • 155 Discharge of accused 156 Charge to be fiamed if offtiice appears to Have been committed 157 Plea * 158 Defence 159 Accused may apply for proce«s to compel production of evidence 160 Acquittal

Conviction 161 Absence of complainant

CHAPT1R XVI

Or Si'stKARY TRIALS m MAGISTRATES

162 What cases may be tried summarily 163 Procedure in summary trial 164 Record m summary trial

CHAPTER XVII OF TRIALS BEFORE COURTS or SESSION

165 Charge to \Jk read to accused. 166 Procedure on plea of guilty 167 Plea of not guilty, 0 168 Evidence for prosecution and defence. 169 Application of accused to produce further evidence 170 Further evidence ae to defence 171 Depositions of witnesses may he put in evidence 172. Accused may elect to give evidence , 173 Final address to Court 174 Judgment 175 Decision to In» b\ majority of jvoies

, CHAPTKR X V m . &EHBUM& Vmvimms AS y& l^vmrns A S » TRIALS.

176 Witnesses i o be put on oath -177 Examination of witnesses , , > 178 Questions -to elucidate the «ase.

^xcluswn of irwtevattt^vMlettee. Court wifi. protect witnesses. , "* ~*

179, When depositions at investigation mtHf fee accepted «it evidence 180 Examination of accused.

Accused's statements before Procurator m Court way be aseeptftf as MtfMe*. 131 Ho telawce to be used to Miiuce A t h s H t . ' *

, Contents, Sasraws

188 Record of evidence „ Record of evidence to be acknowledged by witness

183 Language not understood by «censed 184. Documents may be impounded 185 Tender of pardon 186 Tender of pardon during trial 187 «. When pardon may be revoked 188. Prosecution by whom conducted. 189 Qffct *° D e defended b y advocate or friend 190 When accused does not understand proceeding» 191 Power to postpone or adjourn proceedings

, 192, Procedure of Magistrate in cases which he cannot dispose of 195. Procedure when during trial, Magistrate hnds that case should be ioromitted 194 Reference on points of l aw 196. Transfer of case to Magistrate s suicessor 196 Courts to be open to public *

CHAPTER XIX.

OF CHARGES

(A) Form of Chargtt 197 Charge to s ta te offence 198 Particulars as to time, place and pei hon 199 Charge of criminal breach of trust 200 W h e n manner of committ ing offence must be stated 201 Effect of ierrors ~ 202 Procedure on commitment without chaige oi on an"fmperfect charge 203 P o w e r t o alter charge 204 When teal may proceed immediately after alteiation 205 W h e n n ew trial m a y be directed or trial suspended 206 Recal l o f wi tnesses when charge altered 207 Effect of material error

(B) Jotnder of Charge" 208 Separate charges for each offence 209 Three offences of same k ind within one year may be c hargfd 210 A c t s forming the same transaction 211. W h e n doubtful as to what offence has been committed 212. WThen person charged ^ i t h one offence may be convicted of another 213. W h e n offence proved included m offence charged 214 W h e n persons may be charged jo int ly 215 Withdrawal of remaining charges on conviction on one charge

CHAPTER XX

Or THE JTOOMBHT

216 Language and mode of delivering judgment 217 Contents of judgment 218 Reason for not passing sentence of death to be stated 219 Sentence of death 220 Appeal by person sentenced to d?ath 221 Court n o t to alter judgment fl%2 Copy of judgment to oe given to accused if he desire it 223 Origin»! judgment to be filed.

PART VII. Judgments and Sentences then- Confirmation, Revision, Suspension

Commutation and Remission

% CHAPTER XXI

Or RBTERSNOB FOE CONFIBHATIOH, APPEAL AOT> REVISION

224 Submission for confirmation of judgment of Court of Session 228 Petition by convicted person to confirming authority 226 Appea l t o Pol i t ica l Officer m certain cases

Appeal t o Cisnl Commissioner in certain cases. 227 Appeal in matters o f Civi l Damage». 228 Petition, for appeal, h o * and when presented 229 Summary dismissal of appeal 230 Powers of confirming or appellate authority ,J> 23L Reference by Political Officer to Civil Commissioner 232. Civil CkHnnwasioner's and Political Officer's powers of revmon 23?. Power of confirming authority t- make interim order

Sentence to take effect pending appeal or confirmation. . . . . 234 Judgment wiB not be interfered with merely on ground of technical error» ra

procedure 235. Parties not entitled to be heard on appeal. 256. Vacancies in Court to which judgment » «eat back 237. Delegation of power» by Cwfi CSmiinisaMner.

0 CHAPTER XXII.

Or S«BP*»8KM»S, RsmssiDHS asm CamMVUTtom or SraTMfcws

838. Power to remit or suspend sentences, 239. Power to commute gewtewee*.

• i Contents.

PART VIII Execution.

CHAPTER X X I I I .

SBCHOKS. Or EXKCBTION.

240. Execution of death sentence. 341. Woman, sentenced to death, found pregnant. 242 Execution of sentences of imprisonment. 243. Direction of warrant for execution. 244. Warrant for levy of fine.

Who may issue such warrant. 246. Effect of such warrant. ^

\246. Suspension of execution of sentence of imprisonment. 247. Execution of sentence of flogging or whipping. 248. Stay of execution for medical reasons. 2491 Who may issue warrants. 250. Return of warrant on execution of sentence.

PART IX. Supplementary.

CHAPTER XXIV.

Or Pafvious AOQUTWAI* on CONVICTIONS.

261. Person once convicted or acquitted not to be tried again for same offence.

252. Previous conviction or acquittal, when to be proved.

CHAPTER XXV.

O F LUNATICS. 263. Person incapable of making his defence by reason of unsound mind. 254. Person of unsound mind doing an act, which but for such unsoundness would bt

an offence. CHAPTER XXVI.

Or THE COMPOUNDING OF OFFENCBS.

255. Compounding oneness.

CHAPTER XXVII .

OF BAIL AND BONDS.

256. When bail may be granted. 257. When bail may be takenjn respect of non-bailable offence. 258. Power to direct admission to bail or reduction of bail. 258. Bond of assured and sureties. 260. Discharge from custody. 261. Power to require sufficient bail where that first takes is insufficient. 262. Discharge of sureties.

PROVISIONS AS TO BONDS.

263. Deposit instead of recognizances. 264. Procedure on forfeiture of bond. 265. Appeal from and Revision of Orders under Section 264. 266. Levy of amount due on bond to appear before Court of Session.

C H A P T E R X X V I I I .

a/ Or THS DISPOSAL OF PBOMOK

267. Order for disposal of property regarding which offence committed. 268. Power to disect delivery to Political Officer. 269. Payment to innocent purchaser out of money found on accused. 270. Power to restore possession of immoveable property. 271. Procedure on seizure of property under Section 39 or of property stolen.

Procedure where owner of property seised is unknown. 272. Procedure where no claimant appears within six months. 273. Power to sell perishable property.

CHAPTER XXIX.

MlSOEIiANBOTJS.

274. Power to summon material witness or examine person present. 275. Interpreter bound to interpret truthfully. 276. Expenses of complainants and witnesses. 277. Power of Court t o pay expenses out of fine. 278. Money ordered to be paid, recoverable»** fine. 279. Copies of proceedings. 280. Power of Police to seize property suspected to be stolen. 281. Power of Superior "Officer of Police, * .

Power to compel restoration of abducted female. 283. 284. Case in which Magistrate is personally interested. 285. Arabic to be language of the Court. 286. Officer concerned with «ales not .to bid for or psKlbase property.

MEMORANDUM. EXPLANATORY OF

The Baghdad Criminal Procedure Regulations.

1. The object of these Begulations is to provide an organization and a system of procedure for Criminal Courts for the trial of criminal offences of a civil nature; that is to say, offences committed by one inhabitant of the country against another, and other offences committed by an inhabitant of the country which do not affect the safety or well-being of the British Army. War crimes and other offences against the safety and welfare of the Army will continue to be tried by Courts Martial, unless the Military Authorities otherwise direct.

The Regulations are intended for use during the war. I t is contemplated that after the conclusion of hostilities a permanent Criminal Procedure Code as well as other legal Codes will be prepared.

2. The Regulations are boned on the Sudan Criminal Piocednre Code, which was prepared under instructions from Lord Kitchener shortly after th» re-occupation of the Sudan and has proved very suitable to that country. The Sudan Penal Code is itself in the main based*on the Indian Penal Code, but draws important provisions as regards constitution ot Courts, confirmation, and appeal, from British Military Law.

The Regulations also adopt one or two provisions, which will be explained later, from Turkish Criminal Procedure, the ultimate stmrce of which i* French Criminal Procedure.

8. The Regulations are divided into 8 Parts and 28 Chapters. Par t I is preliminary, and deals with the application of the Code and

with definitions. Section 2 (1) provides that the Regulations are subject to the exigencies

of the military occupation and to the laws and customs of war. Hence offences committed by members of the Army of Occupation, even against inhabitants

, of the country, will not be tried under these Regulations, unless the Military Authorities authorize them to he so tried in any particular case or classes of eases. As prisoners condemned under these Regulations cannot be sent out of the country for imprisonment, members of the Army of Occupation should under no circumstance be tried under these Regulations, when a sentence of imprisonment is likely "to result, if there would be any objection to their serving the sentence in this country. Also war crimes and offences against the safety and welfare of the Army will only be tried under these Regulations, if generally or specially authorized to be so tried by the Military Authorities.

4. Par t I I deals with the constitution and powers of the Courts and of Procurators.

Criminal Courts are of four kinds: (i) Courts of Session, (ii) Courts of Magistrates of the First Class, (iii) Courts of Magistrates of the Second Class, and (iv) Courts of Magistrates of the Third Class (Sec. 4).

A Political Officer and a Civil Judge holding an appointment as a Presi-dent of a Civil Court is a Magistrate of the first class (Sec. 6 i).

An Assistant Political Officer is a Magistrate of the second class, but may be nominated by th« Civil Commissioner a Magistrate of the first class (Sec. 6 ii).

The Civil Commissioner can appoint auy person a Magistrate either of the first, second Or third class, and either generally, or for a particular case or cases (Sec. 7).

All Magistrates, other than Civil Judges, are subordinate to the Political Officer of the Division where they exercise their functions (Sec. 5).

A Court of Session is a Court consisting of three Magistrates inclusive of at least one Magistrate of the first class: but the Civil Commissioner may authorize a Court of Session to consist of two Magistrates only (Sec. 5):

In Divisions where a Civil Judge is stationed, he may be appointed by the Civil Commissioner President of the Court of Sessions. If so appointed he will ordinarily preside over Courts of Sessions held in the town where he is station-ed. Subject to this, the Political Offieer or Military Governor is responsible for the constitution of Courts of Sessions. He can form a Court in any plac» where the necessary Magistrates can be got together. This power is a valuable one. Tor to bring accused and" witnesses long distances to the trial is for many reasons undesirable. I t is a serious hardship to them. The association together of the witnesses on the journey often leads to the evidence being tampered with. And witnesses are more likely to give false evidence in a foreign district where they are unknown, than in their own districts. If

Memorandum.

necessary an officer not in Political employ may be appointed a Magistrate by the Civil Commissioner for the purpose of acting as a member of a Court of Session. I t is contemplated also that native Judges of the Civil Courts may be appointed Msipstrates for the purpose of sitting as members of such Courts.

5. A Court of Sessions can try any offence and award any sentence. Magistrates can try any offence, except offences punishable with death or with penal servitude or imprisonment exceeding ten years (Sec. 9). Compared with the Indian and the Sudan Criminal Procedure Codes this w a very wide power to give Magistrates, especially of the lower classes. Under existing conditions however, i t is necessary to give them wide powers, trusting to their common sense, to the powers of control vested in the Political Officer and to the powers of revision to prevent them from trying offences, which they cannot adequately punish.

A Magistrate of the first class may pass the following sentences: imprison-ment for two years, fine not exceeding Rupees 2,000; or when sitting summar-ily, imprisonment for a term not exceeding three months,, fine not exceeding Rupees 200, flogging, whipping (Sec. 12). The Civil Commissioner is how-ever empowered to confer on a Magistrate of the first class power to pass any sentence other than death either generally or in a particular case (Sec. 12).

A Magistrate of the second class may pass the following sentences: im-prisonment for six months and fine not exceeding Bupees 200; or wheiusitting as a Summary Court imprisonment for six weeks, fine not exceeding Rupee»; 100, flogging, whipping (Sec. 13).

A Magistrate of the third class may sit only as a Summary Court and pass the following sentences; imprisonment for one month, fine not exceeding Rupees 50, or such lesser penalties a s the Civil Commissioner may fix for any Magistrate. He cannot inflict flogging or whipping (Sec. 14).

6. Chapter I I I is concerned with Procurators. Such an office is un-known either to the Indian or Sudan Criminal Procedure Code and a special word of explanation is called for.

Under the Indian Penal Code the investigation of offences is the duty of station police-officers, subject to the control of the Magistrates, but the police are hedged in with restrictions, and the records of their investigations are not acceptable as legal evidence. The system has been much criticized. The police complain that their investigations are regarded with suspicion by the Courts. On the other hand it is pointed out that in case of many station police-officers, their lack of education and previous service in the lowest ranks •of the police force must tend to give them a bias against the accused.

The French system, which is followed in the Turkish Criminal Procedure Code, is different. There are a special class of officials known individually as Procureurs, and collectively as the Parquet, lawyers whose duty it is to in-vestigate offences and who are not part of the police force but are classified as Magistrates. Their investigations are given the status of legal evidence. As the system is worked in Egypt it cannot be said to be a complete success. The members of the Parquet are usually young lawyers who have insufficient local experience, and the Parquet and police are not infrequently at .cross purposes in the investigation of an offence.

The Regulations attempt to give to investigations conducted by superior police-officers the status which under the French svstem is granted to investi-gations conducted by Procureurs, and at the same time to avoid the disadvant-ages incidental to the Egyptian system. The office of Procureur is retained under the Scottish rendering " Procurator " , partly because it is an office with which the people of the country are familiar, partly because it is desired to retain the tradition that the functions of the -office are largely judicial i but it is contemplated that in a fully organized district the Procurator should be a high grade member of the Police Force, and not as under Egyptian and Turkish rule a member of the Judicial Department. To make a success of the system, it is essential that the office of Procurator, be confined to men of good education. Under existing conditions probably the only members of the Police Force who are fitted to hold the office are British Deputy Commissioners of Police and the Regulations state that British Commissioned Officers of Police shall be Procurators for tbe District in which they are stationed.

The Regulations contemplate that i t may be possible to recruit Arabs of education as officers of the Police Force and appoint them as Procurators or, Assistant Procurators.

As at present few Districts will possess police-officers suited for the office of Procurator, the Regulations provide that where there is no such police-officer, the Political Officer at Assistant Political Officer resident in the Dis-trict will officiate as ProeitrattHr. The effeet of this is to confer on them powers of investigations similar to those possessed by Magistrates under the Indian Criminal Procedure Code:

The powers of investigation conferred on officers in change of police-stations by the Indian Penal Code are retained: since even if there were a Procurator in each district, investigation into crimes committed a t « distance from the residence of the Procurator must be commenced by a police-officer:

Memorandum.

« a d i t will probably be convenient to leave investigations into minor offence* to tiiem. tJader existing conditions i t may be necessary in somV districts owing to want of staff to allow them to conduct investigations evSTin S f S of serious offences. Investigations conducted by a plliee-officer, who is not a Procurator, will not be admissible at a trial as evidence. T A - 7 ' n P ? r t - ^ ™ e d B

Jw i t h « A r r e s t a n d P r o c e s s and follows in general the Indian Criminal Procedure Code. *

Soine alteration has been made however, from the Indian Code as regards tne-offences for which a policeman may arrest without a warrant. The Indian Criminal Procedure Code has a schedule, in which it is stated as regards every offence whether a policeman can or cannot arrest without a warrant This is too complicated J o r this country and policemen in this country could not be expected to be familiar with such a list.

The list of offences in respect of which a policeman may arrest without a warrant is set out in section 24. Local policemen cannot lie expected to know the provisions in detail. But this will not be necessary. It will be easy to draw up simple instructions containing the substance which will he sufficient for practical purposes.

Section 25 authorizes a policeman to require a person, who has committed an offence of any kind, to give him his name and address, and to accompany him to a police-station,. This is a useful power based on the Turkish practice, which should be useful in dealing with minor offences.

8. Par t IV contains useful provisions as to security for keeping the peart* and good behaviour, similar to those contained in the" Indian Criminal Pro-cedure Code. The exercise of the powers of requiring security for keeping the peace "and for good behaviour, otherwise than on conviction," calls for special care and discretion on the part of Magistrates. Political Officers in eliarj;.' of Divisions should not allow the powers to be exercised, except by Magis-trates who have sufficient experience, and must exercise special care in super-vising the decisions given under this chapter by their subordinate Magistrates. Orders made by Magistrates committing persons to prison in default of find-ing security are subject to confirmation. (Sec. 86).

9. Par t V deals with Proceedings Preliminary to Trial. Chapters VI I I ajad I X lay down the procedure to be followed in investigation of offences by officers in charge of "police-stations and by Procurators. Some explanation of the relative duties of officers in charge of police-stations and Procurators in this respect may be useful.

As a general principle all criminal investigations into offences punishable with imprisonment for six months or a severer penalty should be conducted by Procurators or Assistant Procurators (that is to say by a British Commissioned Police Officer or a Political Officer or a person of education specially appointed to be a Procurator or Assistant Procurator). An officer in charge of a police-station who receives information of a serious offence which has recently been committed begins the investigation, since it is important in such cases that the investigation should be started as soon as possible after the offence is committed.: but he should at once notify the Procuratofihat be has received information of an offence and is beginning the investigation, and he should hand over the investigation to the Procurator as .soon as he appears. This i-the procedure which should be followed when there is a Procurator or Assist-ant Procurator available to conduct the investigation. Owing however to the present want of staff, and especially in districts where there is no Pro-curator or Assistant Procurator other than the Political Officer or Assistant Political Officer, a Procurator or Assistant Procurator may not be available to hold the investigation. A Procurator or Assistant Procurator is therefore empowered to direct an officer in charge of a police-station to investigate any offence (Sec. 98). If however the case will probably be committed for trial to a Court of Session, every endeavour should be made to arrange for the investi-gation to be held by a Procurator or Assistant Procurator or a Magistrate and not by an officer in charge of a police-station.

Offences punishable with imprisonment for six months or a less penalty need not be investigated before trial, unless the Procurator or Magistrate con-siders that an investigation is advisable. If the Procurator thinks that no investigation is necessary, he will forward-ihe information or report together with the accused, if under arrest, to a Magistrate competent to try the case. If he thinks that an investigation is necessary, he may either investigate it himself or refer %t to an officer in charge of a police-station (Sees. 109, 98).

As investigations made by Procurators are to be accepted as legal evidence, they must be conducted with the formalities of a magisterial enquiry and .witnesses must be put on oath. The accused and the civil complainant and their advocates may be present at the examination of the parties and witnesses, but the proceedings should not be delayed on this account and the advocates have no right to speak except by permission of the Procurator (See. 117).

I n holding an investigation a Procurator must act judicially. I t is his duty to see that evidence for the defence is obtained and recorded as much as evidence for the prosecution.

Memorandu m.

In addition to his powers as a Procurator, a Procurator has all the powers of an officer in charge of a poJiee-station. In. complicated cases i t may seme-times be convenient to hold a preliminary investigation under his powers as an officer in charge of a police-station before his more formal examination of the witnesses as Procurator.

Chapter X deals with committal for trial by a Court of Session. I t follows generally the procedure of the Indian Criminal Procedure Code, but introduces an important modification, in that it enables the committing Magistrate to act on the evidence recorded by the Procurator, er under special circumstances even of an officer in charge of a police-station. If the available staff is not sufficient to furnish separate officials to perform the functions of Procurator, Committing Magistrate and members of the Court of Session, the same Magistrate may officiate as Procurator and*Committing Magistrate or as Committing Magistrate and member of the Court of Session, but not as Pro-curator and member of the Court of Session.

10. Part VI deals with Trials and follows" generally the procedure of the Indian Criminal Procedure Code.

Chapter XI , of the Civil Complainant and of Civil Damages, introduces a modification. Under French, Egyptian and Turkish Law a person who has been caused damages of a civil nature by an offence can make a claim in the criminal trial for the recovery of his civil damages, and can obtain a decree for such damages in the Criminal Trial.

Under English Law this is not possible. The claimant of civil damages must bring a separate civil action for his damages. The English Law in this respect is not altogether satisfactory even in England. I t is certainly un-satisfactory in the East, since it encourages and protracts litigation and makes it, difficult for an injured party to recover damages to which he i« entitled.

Under the Indian and Sudan Criminal Procedure Code the difficulty is to some way met by empowering the Court to award a fine for almost every offence, in addition to any other penary which may be prescribed, and authorizing the Court to award such fine or part of it in satisfaction of civil damages. But the exercise of this power is in the discretion of the Court and :\ claimant cannot claim damages in a criminal action, as a matter of r ight.

The Regulations foll<Sw the Turkish Law in providing that a person who lias been caused damages of a civil character by an offence, can recover these damages in-a criminal action. For reasons already given, this procedure hap much to recommend it, both on theoretical and practical grounds, and it is a procedure to which the natives of this country are accustomed, and of the advantage»of which there seems to be no adequate reason for depriving them.

11. Part V I I deals with Judgments and Sentences, their Confirmation, Revision, Suspension, Commutation and Remission.

This part follows in general the provisions j>f the Sudan Criminal Pro-cedure Code: but whereas the Sudan Criminal Procedure Code adopts certain provisions of Military Law by reference, the Regulations set out at length those provisions of Military Law, with certain modifications.

The procedure is as follows: — Findings and sentences of Sessions Courts require confirmation by the

Civil Commissioner. f

Findings and sentences passed by Magistrates do not require confirma-tion. But if the sentence exceeds that which a Magistrate can pass sum-marily, an appeal lies against it. Such appeal, in 'ease of judgments of a, Magistrate other than a Political Officer or a Civil Judge, lies to the Political Officer: while an appeal against the judgment of a Political Officer or Civil Judge lies to the Civil Commissioner. The Political Officer or Civil Commis-sioner has the powers of a Confirming Authority with reference to any pro-ceedings, in which an appeal is made to him. Appeals are heard and decided on the written petitions of appeal and the records of the case, and the parties are not entitled to be heard before" the Appellate Authority. In addition to the powers vested in them as regards cases which are brought before them by way of appeal, Political Officers and the Civil Commissioner have powers of revision. A Political Officer may on his own motion call for and revise the judgment of any Magistrate subordinate to him, while the Civil Commissioner can call for and revise the judgment of any Criminal Court,

The Civil Commissioner in the exercise of his functions under this Chapter is assisted by the Senior Judicial Officer.

12. Pa r t V I I I deals with Execution Par t I X deals with miscellaneous matters, such as Previous Acquittals

and C<«ivictions, Lunatics, Compounding of Offences, Bail and Bonds, and Disposal o i Property

The attention of Magistrates is specially directed to the provisions relat-ing to the granting of bail (Sees. 256, 257), and they must be careful to ensure that prisoners, who ought to be let out on bail, are not kept in prison pending trial . ' '

13. The Eegulations contain no provisions as regards evidence exeep* that the Court is authorized to prevent the putting of irrelevant and inadmis-

Memorandum.

sible questions and is empowered to exclude irrelevant evidence (Sec. 178; I t is not proposed to give legislative force to the English Law of Evidence. Kererttteless Courts should, generally speaking, be guided by the English Law of Evidence in their conduct of the cases, and must not convict except on evidence which is acceptable according to English Law. On the other baud the Laws of Evidence shdfM not be enforced against accused persons who are undefended by a legal practitioner, and considerable latitude should also be allowed to local legal practitioners engaged for the defence. Decisions will not be interfered with on confirmation, appeal or revision 'merely on the ground that evidence has been wrongly admitted (Sec. 234).

Officers who are not familiar with the English Law of Evidence mav consult with advantage Chapter YI of the Manual of Military Law.

BAGHSAO,

Dated the lbth November, 1918.

The Baghdad Criminal Procedure Regulations.

(Promulgated on the ibth day of November, 1918, amended by the Baghdad Penal Code and Criminal Procedure Regulations Amendment Pro-cmmaUon, 1919, dated the l&th, July, 1919, and by the Baghdad Penal Code and Criminal Procedure Regulations Amendment Proclamation, 1920, dated the 23rd March, 1920, and printed as amended.)

PART /. Preliminary.

«CHAPTER 1. (1) 1. These Regulations may be called the Baghdad Criminal Proce- Short TiU*.

dure Regulations.

" (2) (*) They shall take effect in such parts of the territories of 'Iraq Extent. which are or may hereafter be occupied by His Majesty's Forces, as lie out-side of the Basrah Wilayet and the territorial waters adjacent thereto. Pro-vided- that the Civil Commissioner may, from time to time, by Order exclude from, or include in, the territories, to which these Regulations apply, any area or areas.

" By^notification dated the 7th February, 1919, the Baghdad Criminal Procedure "Regulations was applied to the Wilayet of Basrah and the terri-torial waters adjacent thereto. '

(ii) They shall take effect subject to the exigencies of the Military occu- Saving of exigen-pation of the territories to which they apply, and to the laws and customs of 0 l« of War-war.

(3) (t) In these Regulations the following words and expressions have Inanitions, the following meanings, unless a different intention appears from the subject or context: —

(«) " charge " includes any head of charge when the charge contains "Charge." more heads than one:

(b) " complaint " means the allegation made orally or in writing t o " C o m p l a i n t " a Magistrate, with a view to his taking action, under these Regu-lations, that some person, whether known or unknown has com-mitted an offence, but it does not include the report of a police-officer :

(c) " inquiry " includes every inquiry, other "than a trial, conducted «"Jawy-under these Regulations by a Magistrate or Court:

(d) investigation " includes all the proceedings under these Regula-" Instigation." tions for the collection of evidence conducted by a police-officer or by a Procurator or by anv person (other than a Magistrate) wha is authorised by a Magistrate in this behalf:

(e) " judicial proceeding " includes any proceeding in the course of " j j * * * L _ , . which evidence is or may be legally taken on oath: .. .

</) '* officer in charge of a police-station " includes, when the officer in " ^ ^ ^ J ^ 8 " charge of the police-station is absent from the station-house e* station." unable from illness or other cause to perform his duties, the pouce-officer present at the station-house who is next in rank to such officer and is above the rank of constable: and

" Police-officer " includes a shebana. ' Polio» OOOK." (g) " Political Officer " means a Political Officer in charge of a Divi " Political Officer."

sion and includes a Military Governor: and '• " Assistant Political Officer " means an Assistant Political Officer ''*£&£***'

subordinate to a Political Officer and includes a Deputy Military Moai u m o e r-Governor.

(h) " Civil Judge " means a Judge holding an appointment as Presi-" Civil Judg»." dent or member of the Civil Court of Appeal or a Court of First Instance.

(»> " Procurator *' includes Assistant Procurator. " Procurator." (ii\ Words which refer to acts done, extend also to illegal omissions: Word* referring t* » ' - acta.

and all words *nd express»»» used herein, and defined in the Baghdad w™*» ««bare

Penal Code, shall have the meaning» respectively attributed to m £«£^3*1». them by that Code,

(m) Aft tfcejww*** and duties vested in any officer under these Regula- P ^SS«*£ 0«em &*»»» Hv virtue of MBbffiee shall be exercised and i»erf orraed by temporarily, any officer temporarily officiating in such office during a vacancy, «r the absence of the holder of the office.

PART II.

Constitution and Powers of Criminal Courts and of Procurators.

Classes of Criminal Courts.

Constitution of Courts of Session.

ippointroent of Civil Judge as President.

Gz-Officio Magistrates.

Special Magistrates.

Bench of Magistrates.

Subordination of Magistrates to Political Officer.

CHAPTER I I . (1) O F THE CONSTTTPTION OF CRIMINAL COURTS.

<t. There shall be four classes of Criminal Courts, namely: — fi) Courts of Session:

(it) Courts of Magistrates of the first class: (Hi) Courts of Magistrates of the second class: (iv) Courts of Magistrates of the third class, *

b. A Court of Session shall consist of three Magistrates, inclusive of a Magistrate of the first class. Provided that the Civil Commissioner maj authorise a Court of Session to be composed of two Magistrates,, inclusive of a Magistrate of the first class for the trial of any particular case, if in his opinion having regard to the exigencies of the public service three Magistrates are not available.

The Civil Commissioner may appoint a Civil Judge President of the Court of Session of the Division in which he is stationed, and subject to directions from the Civil Commissioner the President so appointed, if present and able to act, shall preside over Courts of Session held at the headquarters of the Division.

6. By virtue of office (i) a Political Officer, the President of the Civil Court of Appeal, the

m. "Presidents of Ciyil Courts of First Instance and the Vice-Presi-dent of the Baghdad Civil Court of First Instance are Magis-trates of the first classj

(«*) an Assistant Political Officer is a Magistrate of the second class, but may be nominated a Magistrate of the first class.

?. (i) The Civil Commissioner may appoint such persons as he thinks fit, whether employed in the Government or not, Magistrates of the first, second or third class either for particular cases, or classes of cases, or general-ly, and may confer on any Magistrate of the second or third class all or any af the powers of a Magistrate of the first or second class respectively either for particular cases or classes of cases or generally, and may limit the powers of any Magistrate

(ii) The Civil Commissioner may delegate the power vested in him under sub-section (i).

7A. (i) The Civil Commissioner may establish a Bench of Magistrates at any place and may by order invest i t with any of the powers of a first, second or third class magistrate, and direct it tp exercise such powers in such cases or classes of cases only and within such local limits as he thinks fit.

(ii) Except as otherwise provided by order under this Section, every such Bench shall for the purpose of conducting trials be con-stituted of three or more Magistrates and shall have the powers conferred by these Regulations on a Magistrate of the highest class to which any of its members, who is present taking part in the proceedings of the Bench, belongs, and so far as is prac-ticable shall, for the purposes of these Regulations, be deemed to be a Magistrate of such class.

(iit) The Civil Commissioner may from time to time, make rales con-sistent with these Regulations for Magistrates' Benches in any district respecting the following matters: — (a) the classes of cases to be tried, (b) the terms and places of sittings, (c) the constitution of the Bench for eondueting*irials, (d) the mode of settling differences of between the Magistrates

in Session. Section 7-A. was added by the Baghdad Penal Code and Criminal

Procedure Regulations Amendment Proclamation, 1920. 8. All Magistrates other than Civil Judges exercising their functions

within any Division shall be subordinate to the Political Officer of lite Divi-sion, who shall, subject to any iimM^mffKim the Civil Commissioner, pro-vide for the constitution of Court» of Session and for the dastnbatioa of busi-ness amongst the Magistrates suhmsdiaat© tr>him.

/

v f2) O r FOWEBS OF COTJKTS, AKB NATOKR OF SEHOTWCIS WHIOH HAT ^ BEFASSBQ3TTBBM. w

2. - Unless otherwise provided by law, any offence may be tried b* «ay OS«w»* tt»U» by Court constituted under those Begulations other than a Supimary Court, O0*"**»-provided that an offence punishable with death, or with penal servitude or imprisonment for a neriod exceeding ten years, shall be tried by & Court of Session, or by a Magistrate of the first class specially empowered by the Civil Commissioner to try such offences.

10. An offender who, in the opinion of the Court, is under sixteen years Trial of Juvenile of age may be tried summarily by the Court of a Magistrate of the first or 0*«d«i». second class, for any offence not punishable with death

11 Courts of Session may pass any sentence authorized by law Power» of Court» 12. The Court of a Magistrate of a first class may pass the following Power* of Court of

sentences, namely — Magistrate of Imprisonment for a term not exceeding two years, i Fine not exceeding Es . 2,000;

or, when sitting as a Summary Court, 'Imprisonment for a term not exceeding three calendar months Fine not exceeding Eupees 200, Flogging; Whipping.

Provided that the Civil Commissionei may confer on any Magistrate of Power» conferred the first class either for a particular case oi for particular classes of cases or w Special Case*, generally power to pass any sentence authorized by law other than a sentence of death.

13 The Court of a Magistrate of the second class may pass the following Power* of Court of sentences, or such le&ser sentences as the C m l Commissionei may m the case Magistrate of of each Magistrate direct, namely — Second Claw

Imprisonment for a term not exceeding six calendar months, Fine not exceeding Eupees 200,

oar, when sitting as a Summary Court, Imprisonment for a term not exceeding six weeks. Fine not exceeding Eupees 100, Flogging, Whipping

14 The Court of a Magistrate of the third class shall sit only au a Sum- Power* of Court of mary Court, and may pass the following sentences, namely — Th^dnm* °*

Imprisonment for a term not exceeding one calendar month or such lower limit as the Civil Commissioner may in the case of each Magistrate direct;

Fine not exceeding Eupees 50 or such lowei sum as the Civil Commis sioner may m the case of each Magistrate direct

If specially authorized by tl^e C m l Commissjioner, Whipping Tlte words " %f specially authorized hy the Ctvtl Commttstoner, Whip*

jnng " were added by Baghdad Penal Code and Criminal Procedure Regvta-tions Amendment Proclamation, 1919.

1§ Any Court may pass any lawful sentence combining any of the Combination of sentences which it is authorized by law to pass Sentence»

16. Any Criminal Court may award any term of imprisonment in de- imprisonment m fault of payment of fine whieh is authorized bv the Baghdad Penal Code in default of pay case of such default, * m w ) i of fine

provided that— (a)"the term shall not be in excess of the powers of the Court under

sections 11 to 16; (b) in any ease decided by a Magistrate m which imprisonment is

awarded as part of the substantive sentence, the total of the terms of lmprisonmpnt awarded for any offence as a substantive sentence and in default of payment of fine shall not exceed one and a half times the period of imprisonment which such Magis-trate is competent to infliet as a substantive sentence for ihe

17. M When a jperaon is convicted at one trial of two or more distinct sentence* m offences, the Court may sentence him, for such offences, to the several punish- of convictum of insists prescribed therefor which such Court is competent to inflict; such **w*al «jjfou*» punishment», when consisting of imprisonment, to commence the one after ** "* *rM" me expiration of the other m mcM order as the Court may direct, unless the •KhM&wWrim t ha t such punishments shall run concurrently.

w

4 (w) l a eases falling under this section it shall not be necessary for the

Court, by reason only of the aggregate punishment f&r the several offence» being in excess of the punishment which it is, competent to inflict on convic-tion of a single offence, to send the offender for trial before the higher Court; provided that if the case is tried by a Magistrate, the aggregate punishment shall not exceed twice the» amount of the punishment which he is, in th* exercise of his ordinary jurisdiction, competent to inflict.

CHAPTIB I I I .

OF PfiOCTTR*S-ORS.

18. (i) There shall be a Procurator or an Officiating Procurator* in every District. ,

(ti) The Procurator may be assisted by one or more Assistant Procurator» or Officiating Assistant Procurators.

19. Unless otherwise ordered by the Civil Commissioner, in any District in which one or more British Commissioned Officers of Police are stationed, the Senior British Officer of Police shall be Procurator; and any other British Commissioned Officer of Police serving under him shall be Assistant Pro-curator.

20. The Civil Commissioner may appoint any person of education, with a knowledge of criminal law and procedure, Procurator for any District, other than a District in which a British Commissioned Officer of Police is stationed, and he may appoint any such person as aforesaid Assistant Procurator for any District.

21. If in any District there is neither a British Commissioned Officer of Police nor a Procurator appointed by the Civil Commissioner, or, if such officials are absent or unable to act, the Political Officer or Assistant Political Officer resident in the District shall officiate as Procurator, and the Political Officer may appoint any Magistrate to officiate as Assistant Procurator either generally or in any particular cases or classes of cases.

22. Procurators and Officers in charge of Police Stations are responsible to search out and investigate offences.

In the conduct of such investigation Officers in charge of Police Stations are subject to the supervision and directions of the Procurator and Procurators are subject to the supervision and directions of the Political Officer.

23. Procurators are both Police Officers and Magistrates. They have all the powers conferred by these Regulations on Officers in charge of Police Stations, in addition to such Magisterial powers as are expressly granted to them by these Regulations. In the conduct of investigations they must act judicially, and their decisions are subject to revision by the Political Officer.

Appointment of Procurator».

Assistant Procurator.

British Polks Officer to be Procurator.

Appointment of person other titan British Police Officer.

Political Officer to act in certain case».

Investigation of «fienoes.

Procurators are both Police Officers and Magistrates.

•

PART III

Arrest and Process.

CHAPTER IV.

O F ARREST.

24. Any Police Officer, public watehman, Mukhtar or Shaikh may arrest any person—

(a) for whose! arrest he has a warrant or whom he is directed by a When Police may Magistrate or Procurator to arrest under Section 27. arrest.

(b) whom he has reasonable grounds for thinking to have committed an offence punishable with penal servitude or imprisonment exceeding three years or a severer penalty, or

(c) who has-committed in his presence, or has just committed, an offence punishable with imprisonment exceeding six months or ' a severer penalty, or whom he has reasonable grounds for thinking to i ave committed the offence of theft, being in pos-session of stolen property, obtaining money by false pretences, cheating, or bodily injury other than of a slight character, or

(d) who obstructs a Police Officer, or public watchman while in the execution of his duty or who has escaped or attempts to escape from lawful custody, or who in any public place is drunk and disorderly or drunk and incapable of taking care of himself or threatens any person contrary to section 251 of the Baghdad Penal Code or insults any person contrary to section 255 of the Baghdad Penal Code, or

(e) who is carrying arms contrary to regulations, or (/) whom he has reasonable grounds for thinking to have committed

any other offence^ and to have no known or fixed abode, or to have furnished him with a false name and address, or to be likely to escape from justice,

(g) who has been proclaimed an offender under these regulations, or (h) who is found under suspicious circumstances taking precautions to

conceal his presence in any public place or who has no ostensible means of subsistence and cannot give a satisfactory account of himself.

The words following "from lawful custody" in paragraph (d) were added by the Baghdad Penal Code and Criminal Procedure Regulations Amendment Proclamation, 1919.

25. Any Police Officer, public watchman, Mukhtar or Shaikh may . . require any person, whom he has reasonable grounds for thinking to have com- " ^ J J . """P80** nutted an offence of any kind, to furnish him with his name and address : and he may require any such person to accompany him to the Police-station.

M, Any private person may arrest— W i w n p r i r a t e

(a) any person for whose arrest he has a warrant, or whom he is direct-ed -by a Magistrate or Procurator to arrest under section 27.

(6) any person who has escaped from his custody. (e) any person proclaimed an offender, and (d) any person committing, in his presence, an offence punishable with

Imprisonment exceeding six months or a severer penalty. 27. (i) Any Magistrate or Procurator may arrest or direct the arrest of Arrest for offence

«ay person committing any offence in his presence, within the local limits of committed in his jurisdiction, and may-thereupon commit the offender to custody. Magistrate's

(«Q Any Magistrate or Procurator may at any time arrest or direct the Arrest by or in arrest, m his presence, within the local limits of his jurisdiction, of any presence of person "for whose arrest he is competent at the time and in the circumstances M*g»trat*. is aathopeed to arrest.

2 8 . . (i) H a person liable to arrest resists the endeavour to arrest him Resisting the or attempts to evade the arrest, the person authorized to arrest him may use endeavour to « i t means necessary to effect £be arrest. • arrest.

pesaon may arrest.

e (it) Provided that this section shall not give the right to cause the death

of a person who is not accused of .an offence punishable with death or with imprisonment for a term which may extend to ten years.

28. ~ The officer or other person making an arrest may take from the per» son arrested any offensive weapons which tie has about bis person, and snail deliver all weapons so taken to the Court or officer before whom the person arrested is required by the warrant of arrest or by these ^Regulations to be produced.

30. Every person is bound to assist a Magistrate, Procurator, Police Officer^ public watchman, Mukhtar or Shaikh reasonably demanding his aid, in the arresting or preventing the escape of any other person whom such Magistrate, Procurator, Police Officer, public watchman, Mukhtar or Shaikh is authorized to arrest.

31. (»') If a police-officer or other person has reason to believe that .any person whom he is authorized to arrest has entered into, or is within, any place, he may enter such place and there search for the person to be arrested.

(tt) The person residing in,-or being in charge of, such place shall, on demand, allow free ingress thereto and afford all reasonable facilities for search.

(Hi) If, on demand, such ingress is refused, the police-officer or other person as aforesaid may effect an entry by force,

W o o t W 6r <*2. A police-officer or other person may, for the purpose of effecting the jurisdiction. arrest of any person whom he is authorized to arrest, pursue such person into

any part of the occupied territories. No unnecessary 33. ^ n arrested person shall not be subjected to more restraint than i*

necessary to prevent his eseape.

Power to seize offensive weapons.

When public are bound to assist Magistrate, etc

Search of place where person to be arrested has entered.

restraint.

Procedure after Arrest.

Procedure of arrest 34 fyy j± public watchman or private person making an arrest without private person. °r a w&rrant OJ5- a Magistrate's order shall, without unnecessary delay," take the

person arrested to the nearest police-station, or make him over to a police-officer.

(ii) If the arrested person appears to be one whom the officer in charge of the police-station or other police-officer is authorized to arrest, he shall re-arrest h im: otherwise, the arrested person shall be at once released.

35. Any person arrested for refusing to give his name and address, or to give name md f o r &™S « false name or address, shall— •**•••• (i) if he is found to have given his true name and address, be released :

(it) when his true name and address are ascertained, be released on his executing a bond, with or without sureties, to appear before a Procurator or Magistrate if required i-

(iii) should his true name and address not be ascertained witbiir-twenty-four hours from the time of arrest, or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, be forthwith forwarded to the nearest Magistrate having juris-diction. *

Procedure when offender

Person arrested to he taken before a Magistrate or Officer in charge of a Police Station.

Person arrested without warrant not to be detained more than 24 hours.

Police to report arrests.

Search of arrested person.

Searching » woman.

List of articles found.

Discharge of arrested person.

36. A police-officer, Mukhtar or Sheikh making an arrest without war-rant shall, without unnecessary delay, take or send the person- arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station, or a Procurator.

37. No police-officer shall detain in custody a person arrested without warrant for a longer period than, in the circumstances of the case, is reason» able; and such period shall not, in the absence of a Procurator's or Magis-trate's order under section 111, exceed twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Procurator's office, and exclusive of holidays or days when such office is closed.

38. Officers in charge of police-stations shall report to €he Procurator all cases of arrest without warrant within their respective districts.

39. (**) A police-officer making an arrest, or receiving an arrested person from a person by whom the" arrest has been made, "may search the arrested person or cause him to be searched, and place in safe custody all articles, other than necessary wearing apparel, found upon has-.

(it) When the arrested person is a woman, tae search shall not be maue except by a woman.

(in) A list shall be drawn up of all articles found, and signed by the person making the search and by two witnesses. - . - ,

40. No person who ha» been arrested by a police-officer shall be dis-charged except on his own bond, or on ball, or under the special order Hi a Magistrate or of a Procurator. -

CHAPTER V.

O F PROCESSES TO COMPEL APPEABANCE.

(A) Summons. 41. (i) Every summons issued by a Magistrate or Procurator undei F o r m of Sommoa».

these Regulations shall be in writing, in duplicate, signed or sealed by the -Magistrate or Procurator.

(n) Such summons shall be served by a police-officer, Mukhtar, Sheikh. Summ°™> b? *•*<»*> •or watchman, or by any officer of the Court issuing it or other public servant "erved-who, under any rule for the time being in force, may be authorized to servo summonses.

' 4B. The summons shall, if practicable, be served personally on the person Summon», how summoned; one copy of the summons being delivered, or tendered, to him for Mrved-.retention, and the duplicate copy being kept by the serving officer, who shall .require the person summoned to sign or seal a receipt for the summons on the back of the duplicate.

43. Service of a summons on an incorporated company or other body Se'vic« °o -corporate may be effected by serving it on the secretary, local manager, or Company, o ther principal officer of the corporation, at any office of the corporation in -the occupied territories.

44. "Where the person summoned cannot by the exercise of due diligence Service when per-' be found, the summons may be served by leaving one of the duplicates for him SSnoTv^fonnd

with some adult member of his household, who shall, if so required by the serving officer, sign or seal a receipt therefor on the back oi the other dupli-

•eate, or by affixing one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarilj resides.

45. Where the person on or with whom a summons is nerved or left is Inability of person unable to sign his name or affix his seal, the summons shall be served ur left ^seri. WgI>

in the presence of two witnesses. 46. A summons, requiring to be servod outside the local limits of the Ji™"? ""I^J^-J .

jurisdiction of the Magistrate or Procurator issuing it, shall ordinarily be e oca I,mi**-.sent in duplicate to a -Magistrate., within the local limits of whose jurisdic-tion the person summoned resides or is, to be there served.

47. An affidavit or declaration purporting to be made before a Magis- Plf0of ot *«"»<*. trate by the serving officer or by a witness to the service that a summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 42 or section 44) by the person to whom it was -delivered or tendered, or with whom it was left, shall be admissible in evi-dence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(B) Warrant of Arrest. 48. (i) Every warrant of arrest issued by a Magistrate or a Procurator Form of warrant

-under these Regulations shall be in writing, signed or sealed by the Magis- of »"«»*• -trate x>r Procurator. '

(iif Every such warrant shall remain in force until it is cancelled by the Continuance of Magistrate or Procurator who issued it, or until it is executed. warrant of

49. (i) A Magistrate or Procurator issuing a warrant for the arrest of Magistrate may -Any person may, in his discretion, direct by endorsement on the warrant, that, direct security if such person executes a bond with sufficient sureties for his attendance before to ^6 taken, the Court at a specified time and thereafter until otherwise directed, the officer ;to whom the warrant is directed shall, on receiving security, release such person from custody.

(«0 The endorsement shall state— F°rm of endorse-(a) the number of sureties, security. (b) the amount in which they and the person for whose arrest the war-

rant is issued, are to be respectively bound, and (c) the time at which he is to attend before the Magistrate or Pro-

• curator. (in) Whenever security is taken under this section, the officer to whom B ° n d to be

"the warrant is directed, shall forward the bond to the Magistrate or Procurator. forwar»ea. &0. (i) A warrant of arrest shall ordinarily he directed to one or more W J " ^ S ^ to who in

"police-officers, Mukhtars or Shaikhs: but the Magistrate or Procurator issuing i r e

the warrant may, if its immediate, execution is necessary and no police-officer «•or suitable Mukhtar or Shaikh is immediately available, direct it to any otb"r person or persons.

(u) When a warrant is directed to more officers or persons than one, it Warrants to several may^oe executed by all, or by any one or more, of them. " person*.

% ;&L A warrant direeifr to a police-officer may also be executed by any Warrant directed «ether poliee-offieer whose name is endorsed upon the warrant by the officer to to p°l««> Officer, -whom i t is directed or endorsed.

8 Notification of

substance of warrant

Person arrested to be brought before Magistrate with oat delay

Where warrant may be executed

Warrant forwarded for execution outside jurisdic turn

Warrant directed to Police Officer outside jurisdic-tion

Procedure on arrest outside junsdic tion

52 The police-officer or other person executing a warrant of arrest shall* notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant ^

53 The police-officer or other person executing a warrant of arrest shall' (subject to the provisions of section 49 as to security) without unnecessary delay bring the person arrested before the Magistrate or Procurator before whom he is required by law to produce such person

. 54 A warrant of arrest may be executed at any place within the occu-pied territories

55 (x) When a warrant is to be executed outside the local limits of the jurisdiction of the Magistrate or Procurator issuing the same, such Magistrate nr Procurator may, instead of directing such warrant to a police-officer, for-ward the same by post or otherwise to any Magistrate within the local limits-of whose jurisdiction it is to be executed "

(it) Such Magistrate shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits nf his jurisdiction

56 When a warrant directed to a police-officer is to be executed beyonJ the local limits of the jurisdiction of the Magistrate or Procurator issuing the same, he shall, unless he believes that delay would prevent its execution, taker it fpr endoisement either to a Magistrate oi to a Prorurator or to a police-officer in charge of a station, within the local limits of whose jurisdiction the warrant is to be executed

57 When a warrant of arrest is executed outside the Division in which it was issued, the person arrested shall, unless security is taken under section 49, be taken befoie a Magistrate within the local limits of whose jurisdiction the arrest was made, and such Magistrate shall, if the person arrested appears to be the person intended by the Magistrate or Procurator who issued the warrant, direct that he be removed in custody and brought before-such Magis-trate or Procuratoi

Proclamation for person abscond ing

Attachment of property of person abscond ing

Procedure in default of appearanoe

Restoration of attached property

(C) Proclamation and Attachment 58 If a Political Officer has reason to believe (whether after taking

evidence or not) that a person against whom a warrant has been issued by the Political Officer or by any Magistrate or Procurator within his Division, has absconded, or is concealing himself, so that such warrant cannot be executed, the Political Officer may publish a written Proclamation requiring him to appear at a specified place and a specified time not less than thirty days from the date of publishing the proclamation

59 (t) The Political Officer may at any time thereafter order the attach-ment of any property, moveable or immoveable, or both, belonging to the pro-claimed person

(vt) Such order shall authorize any officer named m it to attach any pro-perty belonging to such person, within the Division m which it is made, by seizure, or in any other manner in which for the time being property may be attached by way of civil process, and it shall authorize the attachment in like manner of any property belonging to such person outside the Division when endorsed by the Political Officer within whose Division it is situate

(in) If the proclaimed person does not appear within the time specified m the proclamation, the property under attachment shall be at the disposal of Government, but it shall not be sold until the expiration of three months from the date of the attachment, unless it is subject to speedy and natural decay or the Political Officer considers that the sale would be for the benefit of tht. owner, in either of which cases the Political Officer may cause it to be sold whenever he thinks fit

60 If, within one year from the date of attachment, any person whose property is or has been at the disposal of Government under section 59, ap-pears voluntarily or, being apprehended, is brought before the Political Officer and proves to the satisfaction of the Political Officer that he did-not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he had not such notice of the proclamation as to enable him to attend" within the time specified therein, such property, so far as ltJiaB not been sold and the nett proceeds of any part thereof which has been sold, shall,. after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him

Issue of summons or warrant to

compel attend-ance

(D) Other Rules RepardiirgJ'rocess. 61 (i) When a Magistrate taking cognisance^ a case, >pr a Procurator

investigating an offence, is satisfied that there is sufficient ground for requiring-the attendance of any person suspected of the «Hence, he snail cause process to-issue to compel his attendance.

Such process shall ordinarily be a warrant ifRhe offence is punishable with-imprisonment exceeding one year or a sevens penalty, and shall ordinarirj be a summons if the offence is punishable with imprisonment for one year «r

a leas severe penalty. But a Magistrate or Procurator may issue a summons in lien of a warrant if he thinks fit.

(n) A Magistrate or Procurator empowered by these Regulations to issue l9»TO ,°* warrant a summons for the appearance of any person may, after recording his reasons i n l i en rf

in writing, issue a warrant for the arrest of such person, in addition to or in "u,nH,on*-place of the summons—

(a) if, whether before or after the issue of such summons, the Magis-t r a t eor Procurator sees reason to believe that he has absconded or will not obey the summons; or

(6) if, at the time fixed for his appearance, he fails to appear, and ihe summons is proved to have been duly served in time to admit of his appearing, and no reasonable excuse is offered for his.failure.

62. When any person, for whose appearance or arrest a Magistrate or Power to take bond Procurator is empowered to issue a summons or warrant, is present before a tat «PP*****"*. Magistrate or Procurator, the Magistrate or Procurator may require him to execute a bond, with or without sureties, for his due appearance before him.

63. When a person who is bound by any bond taken under these Regula- Arrest for breach tions to appear before a Magistrate or Procurator does not so appear, the °* " ^ l * 0 1

Magistrate or Procurator may issue a warrant directing that lie be Irrested apf>ear cfc

«nd produced before him. 64. The provisions contained in this Chapter relating to summonses and Provision» of this

warrants, and their issue, service and execution, shall, so far as may be, apply chapter to apply Jut every summons and every warrant issued under these Regulations. " f^mousee and

warrants.

CHAPTER VI.

O F PROCESSES TO COMPEL THE PRODI; CTION OF DOCUMENTS AXD OTHER MOVEABLE PROPERTY AND FOR THE DISCOVERT OF PERSONS

WRONGFULLY CONFINED.

(A) Summons to Produce.

65. When a Magistrate or Procurator or an officer in charge of a police- Summons to pro-station considers that the production of any document or other thing is neces- dure document «ary or desirable ior the purpose of any investigation, inquiry, trial, or other or ine" proceeding under these Regulations by or before such Magistrate or Procura-tor, the Magistrate or Procurator may issue a summons, or the officer a written orderr to any person in whose possession or power the document or thing is believed to be, requiring him to attend and produce it, or to cause it to be produced, at the time and place stated in the summons or order.

(B) Searches.

66. Where for any reason it appears to a Magistrate or Procurator that I«*ne of search it is impossible or inadvisable to proceed under the last preceding section, or -JJJjJJf* ^ p*f * that a general search or inspection would further the purposes of any investiga- curator. tion, inquiry, trial or other proceeding under these Regulations, the Magis-trate or Procurator may issue a search-warrant authorising the person to whom i t is addressed to search or inspect generally, or in the place or places men-tioned in the warrant, for any document or thing specified, or for any purpose described in the warrant.

66-A. (1) Whenever an officer in charge of a police-station making in-vestigation, considers that the production of any document or thing is neces-sary to the conduct of an investigation into an offence which he is authorized to investigate and there is reason to believe that a person to whom a summons or order issued under Section 65 hereof has, been or might be issued, would not produce such document or thing according to the directions of the stimmons or order, such officer may search or cause search to. be, made, for the same, in any place within the limits of the station of which he is in charge, or to which he is attached.

(2) Such officer shall if practicable conduct the search in person. (3) If he is unable to conduct the search in person and there is no other

person competent to make the search present at the time, he may by an order in writing specifying the document or thing under search and the place of search require any officer subordinate to him to make the search; and such subordinate officer may thereupon search for such thing in such place.

-Section 66A was added by the Baghdad Penal Code and Criminal Proce-dure Regulations Amendment Proclamation, 1920. •

oT. Where an investigation under these Regulations is being prosecuted Application of "by aa officer in charge of a police-station, he may apply to any Magistrate or Police for search Procurator within the local limits of whose jurisdiction his station is situate ^»"*0*-for the issue of a search-warrant under section 66.

w Search for stolen 6g„ Where upon information, and after such inquiry as he thinks neees-

property, etc. sary, a Magistrate of the first or second class or a Procurator has reason to-believe that any place, is used for the deposit or sale of stolen property, or that there is kept or deposited in any place any property in respect of or by means of which an offence has been committed, or which is intended to be used for any illegal purpose, he may issue a search-warrant addressed to a Magistrate, police-officer, Mukhtar or Sheikh, authorizing the person to whom it is. addressed—

(a) to search the place in accordance with the terms'of the warrant and to seize any property appearing to be of the description above-mentioned, and to dispose of it in accordance with the terms of the warrant; and '

(6) to arrest any person found in the place and appearing to have been or to be a party to any offence committed or intended to be com-mitted in connection with such property as aforesaid".

Search for person 69. Where a Magistrate of the first or second class, upon information illegally confined. an<J after such inquiry as he thinks necessary, has reason to believe that any

person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant authorizing the person to whom it is addressed to search for the confined person and to bring him before the Magis-trate ; and upon the confined person being brought before him the Magistrate-shall make such order as seems proper.

Search to be made 70. Searches under this Chapter shall, unless the Magistrate or Procura-witneaseT* t o r o w m S t o *fle pressing nature of the case otherwise directs, be made in the

presence of two Mukhtars, Sheikhs or other respectable inhabitants of the-neighbourhood, to be summoned by the person to whom the search-warrant is addressed. A list of all things seized and of the places in which they are found shall be drawn up by the person carrying out the search and shall be signed or sealed by the witnesses. '

Occupant of place 7 j , The occupant of any place searched, or some person on his behalf, attend* ""** shall be permitted to be present at the~*earch and shall, if he so require,

receive a*copy of the list of things seized therein, signed or sealed by the witnesses.

^oundln t?618006 72. (**) Where any person in or about a place which is being searched is. place. reasonably suspected of concealing about his person any article for which

search is being or may be made, such person may forthwith be searched. (ii) A list of all things found on his person and seized shall be prepared

and witnessed in manner- mentioned in section 70, and a witnessed copy of the list shall be delivered to the person, if he so requir».

Execution of search 73. Every person executing a search-warrant beyond the local limits of ^mrt^Etfc*teide *^e Jurisdiction of the Magistrate or Procurator by which it was issued, shall 1 n' before doing so apply to some Magistrate within the local limits of .whose

* jurisdiction search is to be made, and shall act under his directions. Provisions as to 74 The provisions of section 31 as to ingress, and all other provisions

awes^to appiv to hereinbefore contained as to warrants of arrest, shall, so far as applicable. search warrants, apply to search warrants.

Magistrate may 75. Any Magistrate or Procurator may direct a search to be made in his jfF6****»"^ "» presence of any plaee for the search of which he is competent to issue a search-

p * warrant.

PART IV.

Of Security for Keeping the Peace and for Good Behaviour.

CHAPTER VII .

(A.) SECUHITY iron KEEPING THE FEACE ON CONVICTION.

76. (i) Whenever any person is convicted by a Court of any offence or of Bond for keepmg. abetting or attempting any offence, which involves or which if carried out to t h e W6 on

completion would involve a breach of the peace, such Court may at the time conv,c t ,on-of passing sentence on such person order him to execute a bond for a sum pro-portionate to his means, with or without sureties, for keeping thp peace during such period not exceeding three years as it thinks fit to fix.

(ii) If the conviction is set aside on appeal or otherwise the bond so executed shall become void.

(iii) An order under, this section may also be made by the Civil Commis-sioner or by a Political Officer in charge of a Division when exercising their powers of confirmation or revision.

(B.) SECUEITT FOB KEEPING THE PEACE OTHERWISE THAN ON CONVICTION AND SECUEITT FQK GOOD BEHAVIOTXR.

77. (i) Whenever a Magistrate of the first or second class is informed that Bond to preve.it a. any person is likely to commit a breach of the peace or to disturb the public breach of the tranquility, or to do any wrongful ac t which may probably cause a breach of peace

the peace or disturb the public tranquility, the Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix.

(ii) When any Magistrate not empowered to proceed under sub-section Arrest to prevent (i) has reason to believe that any person is likely to commit a breach of the {^Jj^ of

peace or disturb the public tranquility, or to do any wrongful act which may probably cause a breach of the peace or4disturb the public tranquillity, and that such breach of peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may after recording his reasons issue a warrant for his arrest, and mav send him before a Magistrate empowered to deal with the case together with a copy of his reasons.

(iii) A Magistrate before whom a person is sent under the lasl sub-section may detain such person in custody until the completion of the enquiry here-inafter prescribed.

78. (i) Whenever a Magistrate of the first class hat information that ^M fo.r *?ood

there is within the limit of his jurisdiction anv person who comes within one ^™1'' of the categories mentioned below,"such Magistrate may, in manner herein-after provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour.

(ii) The following categories of persons may be required to execute bonds &>?&> not e.vceed-for their good behaviour for such period not exceeding one year as the Magis- go^^ lKoBr . trate thinks fit to fix—

(a) Any person who either orally or in writing disseminates or attempts to disseminate or abets the dissemination of any seditious matter, or any matter which promotes or is likely to promote feelings of

"" enmity or hatred between different classes of the community; (6) Any person, who takes precautions to conceal his presence within

the local limits of such Magistrate's jurisdiction, if there is reason to believe that such person is taking such precautions with a view to committing any offence;

(c) Any person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself.

(iii) The following categories of persons may be required to execute bonds Bonds not exceed-for good behaviour for such period not exceeding three years as the Magistrate «MS ,&*** JW»' t h i t t b fit to fix— goodbeh.v.ow. »

(«) Any person who is by habit a '.obber, house-breaker or thief; (&) Any person who is by habit a receiver of stolen property, knowing

the same to be stolen; (s) Any person who habitually protects or harbours thieves or aids if

the concealment or disposal of stolen property ; i

12

Summon* to person to show cause.

Warrant for arrest may issue if breach of peace is likely.

Procedure on appearance before Magistrate.

(d) Any person who habitually commits or attempts to commit offences involving destruction or damage to properly or cheating or offences of extortion or of counterfeiting coin, currency notes, or stamps;

(e) Any person who habitually commits or attempts to commit or^abets the commission of offences involving a breach of the peace;

(/) Any person who is so desperate and dangerous as to render his being at large without security hazardous to the community.

79. When a Magistrate acting under either of the two last sections deems it necessary to require any person to show cause under such section, he shall issue a summons m writing setting forth the substance of the information received, the amount of the bond to be executed, the period for which it is to be m force, and the number, character and class of sureties,* if any, required.

Provided that whenever it appears to such Magistrate upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate) that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, such Magistrate may at any time issue a warrant "for his arrest.

80. (i) When any person appears or is brought hefore the Court in accordance with a summons or warrant issued under the last section, the Magis-trate shall proceed to enquire into the truth of the information upon, which he has taken action and to take such further evidence as may appear necessary.

(ii) Such enquiry shall be made, as nea r lyas may be practical, in the manner hereinafter for conducting trials (other than non-summary trials).

(iii) For the purpose of this section the fact that a person is an habitual offender may be proved by evidence of general repute or otherwise.

Procedure whej» 81. (i) If upon such enquiry, i t is proved that it is necessary for keeping bond is consider- the peace or maintaining good behaviour, as the case may be, that the person ed necessary. m jggpgj.^ 0f w h o m the enquiry is made should execute a bond, with or without

sureties, the Magistrate shall make an order accordingly. Provisos. Provided—

Fint, that no person shall be ordered to give security of a nature differ-ent from, or of an amount larger than, or for a period longer than that specified in the summons issued under section 79;

Secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

Thirdly, that when the person in respect of whom the enquiry made is a minor, the bond shajffhe executed only by his sureties.

(ii; If, on enquiry, it is not proved that it is necessary for • keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whomjpicn enquiry is made should execute a bond, the Magistrate shall make an entry on the record to that effect, and, if such person is in eustody only for the purpose of the enquiry, release him, or, if such person is not m custody, discharge him.

(C.) PROOEEUHTGS IJT ALL GASES SUBSEQUENT TO ORDER TO FURNISH SECURITY.

Procedure when bond is not con-sidered necessary.

Nature of bond.

Commencement at 82. (i) If any person in respeet of whom an order requiring security to security Is given. keep * n e P e a c e o r t o "6 of good behaviour is made, is a t the tjme such order is

made, sentenced to, or undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(ii) In other cases such period shall commence on the date of such order^ unless the Magistrate for sufficient reason fixes a later date.

83. The bond to be executed by any person shall bind him to keep the peace OT to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of any offence punish-able with penal servitude or imprisonment, wherever i t may be committed, is a breach of the bond.

84. A Magistrate may refuse to accept any surety offered under this chapter, on the ground that , for reasons to be recorded by the Magistrate, such surety is an unfit person.

85. If any person ordered to give surety to keep the peace or to he tf good behaviour does not give such security on or before the date of the com-mencement of the period for which security is to be given, he shall be com-mitted to prison, or if he is already in prison, detained in prison until such period expires or until within such period he gives the required security 1o the Court or Magistrate who made the order requiring h . \ ^

86. TJpon a person, who has been ordered by a Magistrate other than a Political Officer in charge of a Division or Civil Judge to give security to keep the peace or be of jfood' behavio«r, bjeiftg eoasmitted-te prison tm failure te

Magistrate may reject surety offered.

Imprisonment on faiiure'to giw security required.

Proceedings must be seat for confirmation.

13 gi t» such security, toe proceedings of the enquiry in which the order was made shall be laid before the Political Officer in charge of the Division 'or «onfirniatoon. If the order was made by the Political Officer or a Civil Judge or a €oa r t of Session the proceedings shall be laid before the Civil Commis-sioner.

The Political Officer or Civil Commissioner, after examining the proceed-ings and requiring from the Magistrate such further information or evidence as he thinks necessary, may either confirm the order or pass any order on the case which the Magistrate could have passed.

Subject to any or3er of the Political Officer or Civil Commissioner, an Pending oonfina*-order committing a person to prison for failure to give security to keep the <&«> Orist shall peace or be of good behaviour shall take «Sect notwithstanding the submission **** •*c t-for confirmation of the proceedings.

87. Whenever the Political Officer is of opinion that any person im- Discharge of per-prisoned for failing to give security under this chapter may be released with- «on imprisoned out hazard to the community or to any other person, he may, if the order to f<?r **»™» *° give security was made by a Magistrate other than a Civil Judge, order such p ive secnrrty-person to be discharged; and if the order to give security was made by a Court of Session or a Civil Judge be shall make an immediate report of the case for the orders of the Civil Commissioner, who may if he thinks fit order such person to be discharged.

88. The Political Officer may at any time for sufficient reasons to be Cancellation of recorded in writing cancel any bond for keeping the peace or for good be- b ° n d o r «faction haviour executed under this Chapter by order of any Court other than a 8 e c n" y* Sessions Court or a Civil Judge or make an 'order reducing the amount of the security or the number of the sureties or the time for which security has been required,.

The Civil Commissioner shall have the like power if the order was made by a Sessions Court pr a Civil Judge.

89. Any surety for the peaceful conduct or good behaviour of another Application by person may at any time apply to a Magistrate of the first class to cancel any ^tfcilaMon. bond executed under this Chapter within the local limits of his jurisdiction.

On such application being made, the Magistrate shall issue his summons Procedure. or warrant, as he thinks fit, requiring the person for whom such surety is bound, to appear or be brought.before him.

When such person appears or is brought before the Magistrate, such Taking of fresh Magistrate shall cancel the bond, and shall order such person to give, for the M r n n y ' unexpired portion of the texm of such bond, fresh security of the same descrip-tion as the original security: if such person fails to give such security, he shall be committed to prison until the expiration of the period for which security is to be given or until within such period he gives the required security to the Magistrate.

90. The Civil Commissioner may by warrant signed by him delegate Delegation of all or any of his powers under this Chapter, either generally or in any ctvUCwnmis-particular case or classes of cases to any person or persons whom he «oner. considers fit and proper.

(D) Police Supervision. 90-A. (i) A Magistrate of the first or second class may order that any Police Supervision.

person within his jurisdiction coming within one of the categories mentioned in Section 78 (ii) be placed under police supervision for one year: and that any person within his jurisdiction coming within one of the categories men-tioned in Section 78 (iii) be placed under police supervision for three years.

(ii) When a Magistrate acts under sub-section (i) of this Section, the pro-cedure laid down in Sections 79, 80 and 81 shaH with such alterations as are necessary, apply.

(iii) The Political Officer and the Civil Commissioner may at any time revise any order made under sub-section (i) of this Section.

Section 90-A was added by the Baghdad Penal Code and Criminal Proce-dure Regulations Ainendment Proclamation, 1920.

PART V. Proceedings Preliminary to Trial.

Daly of Govern-ment officials, etc., to report offence».

suspicious per-sons or events.

CHAPTER V I I I . O F INFORMATION AND OF INVESTIGATION BY OFFICERS IN CHARGE OF

POLICB-STATIONS .

91. Every Government official or employee, every Mukhtar of a village or quarter, every member of a village council and every tribal Sheikh, who becomes aware of the commission of any offence punishable with imprisonment for six months or a severer penalty, or of the intention of any person to com-mit such an offence, shall forthwith give information of the same to the nearest Magistrate or Procurator or to the Officer in charge of the nearest police-station.

Duty of Mukhtar», flo. Every Mukhtar of a village or quarter, and every5* member of a etc., to report v i n a g 6 council, who obtains information of the happening within such quarter

01 village or within . -v>h village lands of any of the occurrences or matters mentioned below, and every O\*~ZPT or occupier of land and agent of any such owner or occupier who obtains informauvn n? the happening on such land of any of the occurrences or matters mentioned below »Lr.H srive such informa-tion to the nearest Magistrate or Procurator or to the Officer in cLar™* of the nearest police-station, that is to say:

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property; or

(b) tbe resort to or passage through such village, quarter, or land of any person whom he knows or reasonably suspects to be a robber, escaped convict, or proclaimed offender; or

(c) the occurrence of any s«dden or unnatural death or any death under suspicious circumstances; or

(rf) any matter likely to affect the maintenance of order, or the preven-tion of crime, or the safety of any person or property respecting which the Political Officer by general or special order with the previous sanction of the Civil Commissioner has directed him to report.

93. E^ery person who has4a\en present during or immediately after the commission of an offence punishable with three years' imprisonment or a severer penalty or is aware of the intention of any person to commit such offence, is bound to give information of the same to the nearest Magistrate or Procurator or to the Officer in charge of the nearest police-station.

94. An officer in charge of a police-station upon receiving any informa-tion relating to the commission of an offence shall forthwith reduce into writing the statement made by the informant, if the same is not already in writing, and the informant shall sign the statement so reduced to writing, and the officer shall forthwith enter a summary of the statement in a register.

95. If the information relates to the commission of an offence punishable fonaant to Pro- vvith imprisonment exceeding six months or with a severer penalty, other curator or Magus- ^au a n 0 g e n c e which has been recently committed, he shall refer the in-trate in certain , ^ -• * > an,,,. tormant to the Procurator.

If the offence is punishable with imprisonment for six months or a less penalty, whether recently |pmmitted or not, he shall, subject to the provisions of Section 98, refer the informant to the Procurator or a Magistrate competent to try the case.

Cases in which 96. If the information relates to the commission, withn the area of the Police shall pro- Officer in charge of a police-station, of an offence, which has recently been ceed to invest!- committed, punishable with imprisonment exceeding six months or with a sate- severer penalty, or if the officer has reason to suspect otherwise th«n on in-

formation the commission of such an offence, he shall, subject to the provisions of the next section, proceed to investigate the case and to take such steps as may be necessary for the discovery and arrest of the offender, and for this pnriiosfc he shall gc to the spot where the offence is suspected to have been com-mitted : or he may depute one of his subordinates to investigate the case and report to him.

Cases in which in- 97. (i) If information is given under Section .91 against a person by vettigation may name and the alleged offence is not of a serious character, the officer need not be omitted. make or direct an investigation on the spot; and

(ii) if it appears to the officer that there is not sufficient ground for enter-ing on an investigation, he need not investigate tike case;

(iii) but, in each of the cases mentioned in this section, the Officer shall record in the information hook the reason for his action, and shall send a report as under Section 99. - .,-

Duty of all persons to report offences.

Police procedure, on receipt of information.

Police to refer in-

%

l y

98. An Officer in charge of a police-station shall investigate offences Iavwtigrttan -other than those mentioned in Section 96, if upon receiving information he ! ! ^ fjXL considers that tiie delay occasioned by referring them to higher authority theend.Tof may defeat the purposes of justice, or if he is directed to do so by the Pro- justice, curator,

99. (i) Before entering upon &n investigation under this Chapter, an ^ ^ b v ^ P o ^ f w Officer in charge of a police-station «hall send a report of the information, or fore inWtigT

-of his suspicion that an offence has been committed, to the Procurator. Won. (ii) The Procurator may himself investigate the case or he may direct an Procurator may

Assistant Procurator to investigate the case, or he may give any directions to tov^iSwon* the police-officer as to the conduct of the investigation. '

100. (i) A police-officer making an investigation under this Chapter, p<£Sjr ot Polios may require the attendance before him of any person, being within the limits ^Tand^xaSini -of his own or any adjoining police-station, whose evidence appears likely to b» witnesses, of assistance in the case, and may examine such person orally.

(ii) Such person shall be bound to answer the questions put to him, save only so far as his answers would tend to expose him to a criminal charge or to a penalty.

(iii) No person giving evidence in an investigation under this Chapter shall be required to sign his evidence, if it be reduced to writing, nor shall such writing be used as evidence.

101. (i) No police-officer or person in authority shall make use of any N u ' " ^ ^ 6 " 1 , ** threat or of any promise of an advantage towards a witness in an investigation under this Chapter in order to influence the evidence he may give.

(ii) But no police-officer or other person shall prevent any person, by any caution or otherwise, from making in the course of the investigation any statement which of his own free will he may be disposed to make.

102. • (i) Whenever in the course of an investigation under this Chapter c"**e *' *>« sent'*° any person has been arrested, and i t appears to the Officer in charge of a evidence is suffi-poiifce-statinn after hearing his statement that there is a reasonable ground of cient. suspicion against nim, L.& zb-W send him within twenty-four hours to the Procurator along with the record of the invesaga.t;:r..

(ii) The Procurator shall thereupon proceed as detailed in Chapter i i hereunder.

103. Whenever in the course of an investigation under this Chapter any R ^ ^ evidenced person has been arrested and the Officer in charge of the police-station is of deficient, opinion that there is not sufficient evidence or reasonable ground of suspicion to justify the sending of such person to the Procurator, the Officer may release him on his executing a bond, with or without sureties, to appear, if and when required, before the Procurator or a competent Magistrate.

104. So soon as an investigation under this Chapter is completed, the ^ re?£rt P r°*

Officer in charge of the police-station shall forward his report to the Procura- 0T£.a^r. tor. If it appears from the report that the accused has been released on his bond, the Procurator ^hall make such order for the discharge of the bond, or otherwise, as he thinks fit.

1051 All or anv of the powers of an Officer in charge of a police-station Powers of Pro-under Section 96 and Sections 100 to 103 may be exercised by a Procurator. g£ a ^ r j ^ J J * ;

tion. 105-A. (i) An Officer in charge of a police-station or gome other police- Police to inquire

officer specially empowered, on receiving information that a person— o^thg^'Vtol. (a) has committed suicide, or «nee or accident. (b) has been killed by another, or by an animal, or by machinery, or

by accident, or (c) has died under circumstances raising a reasonable suspicion that

some other person has committed an offence shall immediately give information thereof to a Magistrate, and unless other-wise directed by such Magistrate, shall proceed to the spot where the body of the person is, and there in the presence of two or more respectable inhabitants of the neighbourhood shall make an investigation and draw up a report of the apparent cause of death, describing such wounds and other marks of injury as may be found on the body and stating by what weapon or instrument (if any) such marks appear to have been inflicted.

(ii) The report shall be signed by such police-officer and other persons, or by so many of them as concur in them and shall forthwith be forwarded to the Magistrate.

105-B. Any Magistrate of the first or second class and any Magistrate Inquesta. of the third class specially empowered in this behalf by the Political Officer of & Division is empowered upon receiving information of a death of a person in the circumstances mentioned in sub-section (i) to hold an inquest into the •death and to come to a finding as to the cause of such death and in conduct-ing such inquest be shall have all the powers which he would have in holding an inquiry into an offence.

Sections 105-/1, and 105-2?. were added by the Baghdad Penal Code and 'Criminal Pfooedure Regulations Amendment Proclamation, 1919.

16

CHAPTEB I X .

OJF INVESTIGATION BY PBOCTJIMLIORS. Cases requiring in-

vestigilion by 106. The -Procurator, if he has reason to think, either from a police Procurator. report or from information or otherwise, that an offence has been committed

punishable with imprisonment exceeding six months or with a severer penalty, shall proceed to investigate the same.

If an investigation has already been held or begun by an Officer in charge of a police-station, the Procurator shall take overJ;he investigation from him and re-examine the witnesses.

107. When investigation may be omitted.

Procedure when Police investiga-tion is sufficient.

Investigation of lighter offences by Procurator.

Local enquiries by Procurator.

Procurator may authorise deten-tion in custody for four days.

PowerB of trate as to remand.

Appeal against de-tention by order of Procurator.

Examination of witnesses by Procurator.

Examination and statement of accused.

Cross-examination of witnesses.

Nevertheless a Procurator need not investigate an offence— (a) if the information given against a person by name, and the alleged

offence, is not of a serious character, (6) if i t appears to the Procurator that there are not sufficient grounds

for entering on an investigation. (c) if in the opinion of the Procurator the case may properly be tried

by a Magistrate's Court an investigation by an Officer in charge of a police-station will be sufficient.

108. In the circumstances mentioned in sub-section (c) of the last section the Procurator shall forward the police report together with the accused, if under arrest, to a Magistrate competent to try the case.

109. The Procurator may investigate offences punishable with impri-sonment for s>ix months or a less penalty, if he thinks an investigation advis-able, or if directed to do so by the Magistrate competent to try the offence.

110. (i) The Procurator shall, if he thinks that i t will facilitate the investigation, proceed to the spot where the offence occurred and shall make such loeal investigations and searches as he may consider advisable.

<ii) For this purpose the Procurator shall have all the powers of an Officer in charge of a police-station.

111. Whenever any person has been arrested and brought before him, the Procurator shall within 24 hours interrogate such person, and he may authorize his detention for a time not exceeding four days from the date of his arrest, recording his reasons for so do4ng.

Upon the expiration of such time he must either release him, or bring him, or cause him to be brought, before a Magistrate. And the Magistrate may from time to time authorize tho detention of the person under arrest, in such custody as the Magistrate thinks fit, for a period not exceeding 15 day» at a1 time, and shall record his reasons for so doing. * •

112. A person under arrest, if detained by Order of a Procurator, may appeal against such Order to a Magistrate.

113. The following procedure shall be observed by Procurators in the examination of witnesses: —

(i) The Procurator shall take and record the deposition of the com-plainant, if any, and the depositions of any other witnesses whose evidence he considers relevant or useful.

(ii) The record shall be signed or sealed by the complainant, or wit-ness, unless he is unable or unwilling to sign, or has no seal, and by the Procurator.

(iii) Witnesses shall either be put on oath or make a solemn declara-tion to speak the truth.

114. (i) The accused, if present, shall be entitled to make a statement . at any time after the deposition of the complainant.

(ii) The Procurator may at any stage of the enquiry put such question» to the accused as he considers necessary for the purpose of enabling him to explain any circumstances appearing in the evidence against him; and, so far as he has not already sufficiently examined the accused, shall examine him after the completion of the evidence for the prosecution.

(iii) The accused shall not be put on oath, and shall not be liable to punishment or refusing to answer any question.

(iv) The statement and examination of the accused shall be recorded, and signed by the accused, unless he is unable or refuses to sign, which fact shall also be noted. The Procurator shall also sign the statement and record of the proceedings.

115. After the witnesses for the prosecution and the accused have been examined the accused, if present, sliall be entitled to cross-examine any -of ib» witnesses for the proseeutkm, and for ihafc purpose any witnesses named by him shall be re-called. Provided that the Procurator may, if lie thinks fit, permit such cross-examination of any witness immediately after his examina-tion. After cross-examination the witnesses may be re-examined by ib» Procurator. -

11

116. After the evidence for the prosecution and the statement of the Witae**» for accused have been taken the Procurator shall take and record the evidence of a<rfeBe*-«ay witnesses whom the accused reasonably desires to have examined or whose evidence the Procurator considers relevant for the defence.

117. The accused, and the Civil claimant may be present at every step Accused or civil in the investigation, but always subject to the right of the Procurator to pro- tZ!£S* m*y U

ceed without them, if it is necessary for the elucidation of the truth. ' The advocates of the parties may, subject always to the proviso aforesaid, Advocates may

be present a t the examination of the parties and of the witnesses, but they aWiend

may not speak without the leave of the Procurator. 118. If upon completing the investigation, or even at any earlier stage, Kelease of accused

the Procurator is of opinion that there are not sufficient grounds for bringing wae)* evidence the aecused to trial he shall release him, if under arrest, and forward the deficient-proceedings to the competent Magistrate.

119. If the Procurator is of opinion that there are sufficient grounds for Case to be »ent to bringing the accused to trial, and the case'can properly and conveniently be Magistrate when tried by a Magistrate, he will send the proceedings along with the accused, if tuffiSent under arrest, to a Magistrate competent to try the case.

120. If the Procurator is of opinion that the case should be tried by a Case for trial by Court of Session he will send the proceedings along with the accused, if under CoT,rt of Session, arrest, to a Magistrate competent to commit for trial.

121. When a Procurator sends a person in custody, to a Magistrate in Seeunty for ap-accordance with the provisions set out in this Chapter he shall require the pearanoe may fa* complainant, and such witnesses as «he may think necessary, to execute bonds witae*eei|from

without sureties to appear before the Magistrate, and to give evidence in the case.

If any person required to give a bond under this section refuses to do so Procedure on he may be sent in custody to the Magistrate and by him detained until he f ^ iL* 0 p r o v , d e

executes the bond or until the hearing of the case is concluded.

CHAPTER X.

O P COMMITTAL FOB TBIAL BY A COFRT OF SESSION.

122. Subject to any directions issued by the Political Officer for the Power to commit distribution of business, any Magistrate of the first or second class may commit fortrial. persons for trial to a Court of Session. The procedure shall be as «pet out * below in this Chapter.

123. (i) If the case has been investigated by a Procurator, the Magis- Examination of trate shall, upon the accused appearing or being brought before him, cause evidence by the depositions taken by the Procurator to be read out in Court. Magistrate.

Thereafter the Magistrate may call and re-examine all or any of the wit-nesses who have been examined by the Procurator, as well as any other witnesses.

The accused shall be at liberty to cross-examine any of the witnesses for the prosecution, and for that purpose to have them called, unless for reasons to be recorded the Magistrate deems it unnecessary to call any such witness.

(ii) As a temporary measure necessitated by the deficiency of persons when Police report suitable" to hold the appointment of Procurator, and at the discretion of the may be accepted Magistrate, in any case which has not been investigated by a Procurator but b y Magistrate, which has been investigated by an officer in charge of a police-station, the report of an officer in charge of a police-station may be accepted by the Court and read in lieu of depositions taken by a Procurator.

124. (i) If the case has not been investigated by a Procurator and the When Magistrate Magistrate does not accept the police report in lieu of deposition* as provided «hall examine all by the second sub-section of section 107, the Magistrate shall, when the tt6 Wlt»ew««. accused appeals or is brought before him, proceed to hear the complainant, if any, and shall take all such evidence as may be produced in support of the prosecution or on behalf of the accused or as may be called for by the Magis-trate himself. •*

(ii) The aecused shall be at liberty to cross-examine the witnesses for the prosecution, and in such case the prosecutor may re-examine them.

125. If the complainant or officer conducting the prosecution, or the Process for the accused, applies to the Magistrate to issue process to compel the attendance production of of W y witness or the production of any document or thing, the Magistrate, fn r th«' ' evidence, whether "the case has been investigated by the Procurator or not, shall issue such process unless, for reasons to be recorded, he deems it unnecessary to do so.

126. The Magistrate may, if he thinks proper, examine the accused for P o w e r to exami )M the purpose of enabling him to explain any circumstances' appearing in the accused, evidence against him.

18

When charge is to foe frail

Charge explained and copy furnished to accused.

List of witnesses for defence at the trial.

Farther list.

Power to examine such witnesses.

Order of commit-ment.

Summons to witnesses for defence.

^o*n kto*bl 1^ 1 2 7 , ^ I f a f t e r bearing t h « evidenee the Magistrate finds that there «sharged. ** *** n o t sufficient grounds for committing the accused for trial, he «hall record

his reasons and discharge him, unless it appears to the Magistrate that the accused ought to stand his trial before him or some other Magistrate, in which case he shall proceed accordingly.

(ii) The Magistrate may discharge the accused at any previous stage of the case if, for reasons to be recorded, he considers the charge to be ground*»».

128. (i) If upon hearing the «vtdeace the Magistrate is satisfied that there are sufficient grounds for committing the~ accused for trial, he shall frame a charge under his own hand, declaring with what offence the accused is charged.

(ii) As soon as the charge has been framed, i t shall be read and explained to the accused, and a copy of it shall, if he so requires, be given to him free of cost.

129. (i) The accused shall be required forthwith to give, orally or in writing, a Kst of the persons, if any, whom he wishes to be summoned to give evidence on his behalf at the trial.

(ii) The Magistrate may, in his discretion, allow the accused to add to this list other witnesses at a subsequent time.

130. The Magistrate may, in his discretion, summon and examine any witness named in the list given to him under section 129. v

131. (i) If the Magistrate, after hearing the witnesses summoned under section 130, is satisfied that there are not sufficient grounds for committing the accused, he may cancel the charge and set the accused at liberty.

(ii) Otherwise he shall make an order committing the accused for trial by a Court of Session.

132. "When the accused has given a list of witnesses under section 129 and has been committed for Mai, the Magistrate shall summon such other of the witnesses included in the list as have not already appeared before himself to appear before the Court to which the accused has been committed; but provided that, if the Magistrate thinks that any witness is included in *the list for the purpose of vexation or delay, or of defeating the ends of justice, the Magistrate may require the accused to satisfy him that there are reason-able grounds for believing that the evidence of such witness is material, and if he is not so satisfied, may refuse to summon the witness (recording his reasons for such refusal), or may before summoning him require such sum to Ve deposited as he thinks necessary to defray the expense of obtaining the attendance of the witness and all other proper expenses.

133. (i) Complainants and witnesses for the prosecution and defence, whose attendance at the trial is necessary, and who appear before a Magistrate, shall execute before him bonds binding themselves to be in attendance, when called upon, at the trial to prosecute or give evidence, as the case may be.

(ii) If any complainant or witness refuse to execute the bond as above directed, the Magistrate may detain such person in custody until he executes the bond, or until his attendance at the trial is required, whereupon the Magistrate shall send him, in custody, to the Court of Session.

134. When the accused is committed for trial the Magistrate shall send the charge, the record of the inquiry and any weapon or other thing which is to be produced in «evidence, to the Magistrate presiding over the Court of Session.

135. (i) The Magistrate may, if he thinks fit, summon and examine supplementary witnesses after the commitment and before the commencement of the trial, and bind them over in like manner as hereinbefore provided to appear and give evidence.

(ii) Such examination shall, if possible, be taken in the presence of the accused, and a copy of the evidence of such witnesses shall, if the accused so require, be given to him free of cost.

Custody of accused 136. Until and during the trial, the Magistrate shall, subject to these pending trial. Regulations in so far as ihey relate to the taking of bail, commit the accused,

by warrant, to custody.

Bonds of complain-ants and wit-

Detention in cus-tody on refusal to execute bond.

Charge, etc., forwarded.

to be

Power to examine supplementary witnesses.

PART VL

Trial».

CHAPTER X I .

O F THE CIVIL CLAIMANT, AND OF CIVIL FUMAGES.

137. (i) Any person, who alleges that as the result of an offence he has when Civil suffered damage of a nature recoverable in a Civil Court, may make complaint damages may be thereof as a ",Civil C la iman t " either to a Procurator, before the com- c ^ ^ i n

C o a n mencement of trial, or to the Court which in trying the case, at any stage of r l

the proceedings up to the conclusion of the hearing, and can claim compen-sation.

(ii) A complaint made by an individual, and not accompanied by a claim for civil redress, shall be considered as the simple laying of information. A complainant shall not be deemed to be. a " Civil Claimant " unless he formally declares himself as such, or claims compensation in the plaint itself or in some subsequent document.

138. The Civil Claimant must give an address in the district, where the Service of notice, Court that tries the case is sitting, at which notices and summonses may be ^ m ^ j t served on him. In default thereof all notices and summonses will be deemed to have been validly served on him, if posted on the notice board of the Court.

139. The Civil Claimant may discontinue his claim at any stage of the Withdraw»! of proceedings upon jmyment to the accused of such costs as the Court may "k""-allow.

140. (i) If a Court or a Magistrate discharges or acquits an arrested or When oompeni»-accused person, and such person applies for damages, the Court or Magistrate ^rfedFt» shall in the circumstances hereinafter mentioned order the payment to him by accuaad, the person who caused his arrest, or made the accusation which, led to his trial, of such damages as would be recoverable by him in a civil suit, that is to say:

(a) if the accusations made against the accused were frivolous or vexa-tious and took the form of a complaint, as defined by these Regulations, or of an information given to a police-officer, Pro-curator, or Magistrate, and thereby resulted in his trial, or

(6) if the arrest of the arrested person by a police-officer was caused by another person, and there was no sufficient ground for causing such arrest.

(ii) Before making any such order the Magistrate or Court shall summon the person against whom the claim is made, if not present, and shall, if he is , present or appears, hear and record his defence to the claim.

CHAPTER X I I . PLACE OF INQTOBY AND TEIAL.

-i.1. * 4 1 i E v e r ,y offence shall ordinarily be inquired into and tried bv a Court Ordinary place of within tbe local limits of whose jurisdietio l * inquiry and trial.

(i) the offence was wholly or in part committed, or some act forming part of the offence was done; or

(ii) some consequence of the offence has ensued; or (iii) some offence was committed by reference to which the offence is

defined; or (iv) some person against whom, or property in respect of which, the

offence was committed as found, having been transported thither by the offender or by some person knowing of the offence.

fauifo Jft S l £ ° H J i C a l 0 .P C e ? ^ w h e n e v « f i 4 aPP«w* <*> him that such Pow* to t«arfM. ML?!?"%.*??"** **»***» o f JO**"», feansfer any case from one Court within his Division to another, at any stage of the proceedings. «o a J S L e r h e ° " ^ Commissioner may make the like transfer from one Division

£ .*«nr^sic^ -* " *» " * * *****

20 CHAPTEB XII I #

SANCTIONS NECESSARY FOE THE INITIATION OF CERTAIN PROCEEDINGS.

Oteooea in reelect ^ 144. Ho Magistrate or Court shall take cognizance of any offence des- # M^JsnnMr not ^ " ^ « l i» the first column of the schedule hereunder written without <&*-' toiniSated previous sanction of the person or authority mentioned in the second column without «anction. of the said schedule.

PERSON OH AUTHORITY, WHOSE NATURE OF OFFENCE. SANCTION IS NECESSARY.

Any offence punishable under Chap-ter X I I of the Baghdad Penal Code (Offences against the internal safety of the State).

Any offence punishable under Chap-ter XV of the Baghdad Penal Code (Offences against the Public Author-

W).

Any offence punishable under Chap-ter XVI of the Baghdad Penal Code, when such offence is committed in any Court or in relation to any proceeding in a Court.

Any offence committed by a Gazetted Public Servant in his capacity as a Public Servant.

Any offence punishable under Chap-ter XXVI of the Baghdad Penal Code (Defamation, Disclosure of Secrets).

Adultery by or with a married woman (Section 226 of the Baghdad Penal Code).

Political Officer or Civil Commis-sioner

The Public Servant or Authority against whom the offence has been committed, or some Public Servant to whom such Public Servant o r Authority is subordinate, or the Political Officer, or the Civil Com-missioner.

The Court, or the Magistrate who presided over the Court, or the con-

firming or the appellate authority for such Court, or the Senior Judicial Officer, or the Civil Commissioner.

The Civil Commissioner, or some Court or Authority to which such Public Servant is subordinate.

Some person aggrieved by the offence.

The husband, or if the husband is-dead, the woman's guardian.

CHAPTER XIV.

Oognizaaoe of affenoM by Magistrate.

O F THE INITIATION OF JUDICIAL PEOCEEDINGS BEFORE A MAGISTRATE.

145. A Magistrate competent to try an offence or commit for trial in respect of it may (subject to the provisions of Chapter X I I I ) take cognizance of i t -

is)

Examination of complainant.

Procedure by

upon receiving a police report under Chapter V I I I or the file of pro-ceedings in an investigation by a Procurator under Chapter I X >

(b) upon receiving a complaint of facts which constitute the offence; (c) if, from information received from any person other than a police-

officer, or from his own knowledge, he has reason to believe or suspect that the offence has been committed.

.146. A Magistrate taking cognizance of. an offence on complaint shall at onee examine the complainant and reduce his complaint, and the substance of the examination, to writing. The writing shall be signed or sealed by the complainant if he is able so to do.

, . 147. If a complaint is made to a Magistrate who is not competent to take oSmetaB* totake «yfni*»1"5® ©f *"* 9a8e> i16 shall direct the complainant to the proper Court, cogmzance of the snd, if the complaint has been made in writing, shal l endorse the complaint ca*e. and return it*.

Transfer of eases 148. If an offence complained of is one which, under any directions for by Magistrates, the distribution of business issued by the Political Officer, ought to be tried

or inquired into by another Magistrate, or if in the opinion of the Magistrate receiving the complaint the offence might, consistently with such directions, be more conveniently tried or inquired into by another Magistrate, the Magis-trate receiving the complaint shall, either before or after examining the com-plainant, transfer the ease to such other Magistrate.

Postponement of 149, If a Magistrate upon receiving a complaint and examining the-issue of process, oomplaiiiani is not satisfied as to i ts truth, or if a Magistrate'takes cognizance

of an offence under Section 145 (c), he may, before causing process to issue for compelling the attendance of the person accused or suspected, either himself make a preliminary inquiry into the case or direet a Rroemmtor or an .officer subordinate to him or a police-officer to investigate the ease. Such prelimi* nary inquiry, if conducted by a Magistrate, shall be conducted, so JaT assatay fee, in the manner, and with the powers, in and with which am inv*stigat»B. under Chapter I X is conducted.

21

150. The Magistrate before whom a complaint is made may dismiss the Dutniaml of cm» complaint, if, after examining the complainant and considering the result of PI<unt-the preliminary inquiry (if any) under Section 149 there is, in his judgment, no sufficient ground for proceeding. In such case he shall briefly record his reasons for so doing.

151.' (i) When a Magistrate taking cognizance of a case is satisfied t ha t I s s u * °* p«w*«-there is sufficient ground for proceeding, he shall cause process to issue for compelling the attendance of the accused person.

(ii) When by law any process-fees of other fees are payable, no process fcball issue until the fees are paid, and if such fees are not paid within a rea-sonable time, the Magistrate may dismiss the complaint.

152. Whenever a Magistrate issues a summons, he may, if he sees reason Magistrate may so to do, dispense with the personal attendance of the accused and permit him dwpeiwe w™» to appear by an advocate or other permissible agent. SnoTof accoeed!

In such case the Magistrate may in his discretion, at any future stage of the proceedings, direct the personal attendance of the accused and. if neces-sary, enforce his attendance in manner hereinbefore provided.

CHAPTEE XV. O F TRIALS BY MAGISTRATES OTHER THAN STTMMARY TRIALS.

153. The following procedure shall be observed by Magistrates in the NbDMmn?atyterU1

trial of cases otherwise than summarily: — y agi* ra . 154. (i) When the accused appears or is brought before him, the Magis- ^u'tioVf0' P""

trate shall proceed to hear the prosecutor or complainant (if any), and take all such evidence as may be produced in support of the prosecution.

(ii) The Magistrate shall ascertain, from the prosecutor, complainant or otherwise, the name of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before himself such of them as he thinks necessary.

155. (i) If, upon taking all the evidence referred to in section 154, •nd*D^S528'. "' making such examination (if any) of the accused as the Magistrate thinks necessary, he finds that no case against the accused has been made out which, if unrebutted, mould warrant his conviction, the Magistrate shall discharge him.

(ii) The Magistrate may discharge the accused at any previous stage of the case if, for reasons to be recorded by him, he considers the charge to be groundless.

156. If, when such evidence and examination have been taken and frSned^iToftaw» made, or at any previous stage of,the case, the Magistrate is of opinion that appears to have there is ground for presuming that the accused has committed an offence, been committed, which such Magistrate is competent to try, and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

157. (i) The charge shall then be read and explained to the accused, P l e a

and he shall be asked whether he is guilty or has any defence to make. (ii) If the accused pleads guilty, the Magistrate shall record the plea,

and may, in his discretion, convict him thereon.. 158. (i) If the accused refuses to plead, or does not plead, or claims to t , e f ° n c ' '

be tried, he shall be required to state whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. - I i he says he does so wish, the witnesses named by him shall be recall' ed, and, after cross-examination and re-examination (if any), they shall be discharged. The evidence of any remaining witnesses for the prosecution shall next be taken, and, after cross-examination and re-examination (if any), they also shall be discharged. The accused shall then be called upon to enter upon his defence and produce his evidence.

(ii) If the accused put» in any written statement, the Magistrate shall file i t with the record.

159. (i) The accused may, after entering upon his defence, apply to the A('cu*e<1 »»y «PPfr Magistrate to issue any process for compelling the attendance of any witness comp^ prodno-for the purpose of examination or the production of any document or other «on of evidence, thing, and the Magistrate shall issue such process unless, for reasons to be recorded by him in writing, he considers that the application is made for the purpose of vexation or delay or for defeating the ends of justice.

_ (ii) The Magistrate may, before summoning any witness on such appli-cation, require that his reasonable expenses, incurred in attending for the purposes of the trial be deposited in Court. ,

ldS. (i) If in any case under this Chapter in which a charge has been Acquittal. framed the Magistrate finds the accused not guilty, he shall record an order of acquittal; and he shall also decide as to any damages claimed by the parties.

22 Oooviction.

Absence of plainast.

(ii) If in any such case the Magistrate finds the accused guilty, he shall pass sentence upon him according to law. H e «hall also decide as to any damages claimed by the civil claimant.

161. When the proceedings have been instituted upon complaint, and upon the day fixed for the hearing of the case the complainant is absent, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge haa been framed, discharge the accused.

CHAPTER XVI . »

O F STJMMAKT TRIALS BY MAGISTRATES.

What cues may be 162. Subject to any directions issued by the Civil Commissioner, every tried summarily. Magistrate of the first, second and third class, respectively, may t ry summarily

any offence punishable with imprisonment not exceeding three years or with a lesser penalty.

^ " S d * "^ *^3 , ^ 6 ^ 0 *^ 1 1 1 ® *n a summary trial shall be the same as that in a *** ' non-summary trial, except in so far as it is modified by this Chapter.

Record fa» summary 164. (i) Iff summary trials the Magistrate need not record the evidence of the witnesses or frame a formal charge; but the following particulars shall be entered on the prescribed Jon» : —

(a) the serial number; (6) the date of commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any) ; (e) the name, parentage and residence of the accused; (/) the offence complained of and the offence (if any) proved; (g) the plea of the accused and his examination (if any); (h) the finding, and, in the case of a conviction, a brief statement of

the reason therefor; (t) the sentence, or other final order; and (j) the date on which |he proceedings terminated.

(ii) The record shall be in English or in Arabic, and shall be signed or sealed by the Magistrate.

CHAPTER XVI I .

O F TRIALS BEFORE COURTS OF SESSION.

Charge to be read to accused.

Procedure on plea of guilty. ^

Plea of not guilt).

Evidence for tbe prosecution and defence.

Application of «censed to produce further evidence.

165. When the Court is ready to commence the trial, the accused shall appear or be brought before it, and the charge shall be read out in Court and explained to him, and he shall be asked whether lie is guilty of the offence charged or claims to be tried.

166. If the accused pleads guilty, the plea shall be" recorded and he may be convicted thereon; and the Court shall decide as to any damages claimed by the parties, provided that before doing so the President «hall ascertain that the accused understands tita effect of his plea; provided also that, if the offence charged is punishable with death, the President shall enter a plea of not guilty on his behalf.

167. If the accused refuses to plead, or does not plead, or claims to be tried, or if a plea of not guilty is entered by the President in his behalf, t i e Court shall proceed to try the case. " . . .

168. The prosecutor (if any) shall open his case by reading the section of the law under which the accused is charged and may state shortly by what evidence he expects to prove the guil t of the accused.

The civil claimant (if any) may then state his case. Witnesses for the prosecution shall then be examined. *

After the examination of the witnesses for the prosecution, the accused's «dvocate, if he is represented by an advocate, may open his defence.

The witnesses for the defence shall then be examined. 169. The accused shall with the permission of the Court be allowed to

examine any witness not previously named by him, if such witness is in attendance. The Court shall grant such fksmiasion, unless i t is satisfied that the application is made for the purpose of. vexatieu «r delay or tha t the evidence of the witness is irrelevant. The accused shall not however, except m provided in Sections 12« and 206, be ©«titled M of right to hare any wit-ness summoned other, than the witnesses itemed i n the list delivered to ®m Magistrate by whom he was committed lo r trial . ' " '

23

170.' After the examination of the witnesses for the defence,' the prose- Further evidence cutor and the civil claimant may, with the permission of the Court call fur- 8S *° deltenee-ther witnesses or recall the former witnesses in order to throw light upon ox to verify facts deposed to by witnesses of the defence.

171. The deposition given by any witness at the investigation or preli- Deposition» of miliary enquiry may be read after he has given his evidence, and taken into witaewes may be consideration by the Court and he may be questioned thereon. Put to w i t , n«» i s -v 172. The accused may give evidence, with the consent of the Court, at Accused may elect any stage of the trial after the examination of the first witness for the prose- to give evidence, cution, and shall be entitled to do so after the examination of all the wit-nesses. I t shall not be compulsory on him to give evidence. If he do so, he shall be examined first by the person defending him, then by the prosecutor, and lastly by the civil claimant. The statement made by him at the investi-

f ation before the Procurator or at the preliminary inquiry may be read, after e has given his evidence, and taken into consideration by the Court and he

may be questioned thereon. 173. After the examination of the witnesses, the prosecutor, the civil vinal address» to

claimant and the accused shall be allowed to address the Court. The accused Court. «hall always be heard last,

174. The Court shall then give judgment, and, if the accused is con- I u d g m e n t i victed, pass sentence on him according to law: and it shall also decide as to any damages claimed by the parties.

175. In case of difference of opinion between the members of the Court j)ec i s ion t 0 ^ h y on any question, the question will be decided by the majority of votes. ** majority of

I n case of equality of votes the opinion more favourable to the accused shall prevail.

CHAPTER XV111.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS».

176. Every witness shall take an oath or shall make a solemn affirma- witneeees to be tion that he will speak the truth, the whole truth and nothing but the truth. p ut o n oath.

177. (i) Except when otherwise provided by these Regulations, the ex- Examination of animation of witnesses shall be conducted as follows: — witnesses.

(ii) Witnesses for the prosecution shall be examined, first by the prose-cutor, and then by the civil claimant (if any).

They may then be cross-examined by the accused. They may thereafter be examined a second time by the prosecutor, aud

the civil claimant (if any), to throw light on facts to which they have deposed in their answers to the accused.

(iii) Witnesses for the defence shall be examined by the accused. They may then be cross-examined first by the prosecutor, and then by the

civil claimant. They may thereafter be examined a second time by the accused to throw

light on facts to which they have deposed in their answers to the prosecutor and the civil claimant.

178. (i) The Court may at any stage of a case, put, or allow the parties y°torad™te°th. to put, to the witnesses any questions which the Court considers to be of (aKC assistance in elucidating the truth.

(ii) The Court shall prevent the putting of irrelevant. or inadmissible Bxj^^,°°n°f

questions to the witnesses. I t may refuse to hear witnesses on points which evidence. i t considers already sufficiently clear.

(iii) The Court shall protect the witnesses from any language, remarks °™J* w^11 i,n,Uh;t

or gestures likely to intimidate them; and i t shall prevent the putting of any WI ne*s<>*,• question of an indecent or offensive nature, unless it bears directly on facts which are material to the proper appreciation of the facts,of the case.

- 179. j(i) Depositions made by a witness before a Procurator or Magis-When deposition» trate(may be read and accepted as evidence at the trial, if the witness i» dead," a t '"J^''"**1?*! or incapable of giving evidence, or cannot be broughf before the Court with- STeVi,jen^fp

out an amount of delay, expense or inconvenience, which under the circum-stances would be unreasonable.

(ii) If the witness is present at the trial, his deposition as aforesaid may be read after he has given his evidence and may be taken into consideration by the Court and he may be questioned thereon.

180. (i) For the purpose of enabling the accused to explain any eir- Examination of cumstanees Appearing in the evidence against him, the Court may at any «cowed, stage oi -an inquiry or trial, without previously warning the accused, put sucn questions to nan as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the ease after the witnesses for the prosecution have been examined and before he is called on for his defence.

M

Accused's state-ments before Procurator or Court may be accepted as evidence.

No infloenoe to be used to induce disclosure.

Record of evidence.

Record of the evidence to be read over to and acknowledged by witness.

Language not un-derstood by-accused.

Documents, etc., may be im-pounded.

Tender of pardon.

Tender of pardon during trial.

When pardon mny be revoked.

Prosecutions by » whom conducted.

Riuht to be defended by advocate or friend.

(ii) The accused shall not render himself liable to punishment by refus-ing to answer such questions, or by giving false answers to them; bat _ t he Court may draw such inference from such refusal or answers as i t thinks just.

(iii) The answers given by the accused as well as his statements a t the investigation made by, the Procurator or Magistrate may be taken into con-sideration in the inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such, answers may tend to show he has committed.

(iv). No oath shall be administered to the accused, 181. Except as provided in sections 185 and 186, no influence, by mean»

of any promise or threat or otherwise, shall be used to an accused person to-induce him to disclose or withhold any matter within his knowledge.

182. The evidence of each witness, and the examination and statement of the accused, shall be recorded in writing, in Arabic or English, by the Presiding Magistrate, or by a member or clerk of the Court under the direc-tion and superintendence of the Presiding Magistrate.

The record of the evidence of each witness, when completed, shall be read over, and, if necessary, interpreted to him, and the record «hall, where necessary, be corrected. A note shall be made on the record itself that the evidence or examination or statement has been read over to the witness and acknowledged by him as eorrect. If the witness denies the correctness of the record of any evidence given by him, or the accused denies the correct ness of the record of his examination or statement, and the Presiding Magis-trate is of opinion that the evidence or examination or statement is correctly recorded, he shall record the objection and add such remarks as he think? necessary.

183. When any evidence is given in a language not understood by the accused, and the accused is present in Court, it shall be interpreted to him in a language understood by him.

184. Any Court may, if it thinks fit, impound any document or thing produced before it under these Eegulations.

185. (i) In the case of any offence punishable with death or with penal servitude or imprisonment for a period exceeding three years, the Political Officer in charge of a Division, or the Magistrate inquiring into the offence with the sanction of the Political Officer, may at any time, with the view of obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the cireuniBtances within bis knowledge relative to such offence, and to-«very other person concerned, whether as principal or abettor, in the com-mission thereof.

The words " punishable with death or with penal servitude or imprison, ment for a period qgceeding three years " were substituted for the word» " triable exclusively by a Court of Session " by the Baghdad renal Code and Criminal Procedure Regulations Amendment Proclamation, 1920.

(ii) Every person accepting a tender under this section shall be examined as a witness in the case.

(iii) Such person, if not on bail, shall be detained in custody until the termination of the trial,

(ivN Every Magistrate, who tenders » pardon under this section, shall record his reasons for so doing.

186. At any time after the commencement of the trial, but before judg-ment is passed, the Court before which the trial takes place may, with the view of obtaining the evidence of any person supposed to have been directly or-indirectly concerned in, or privy to, any such offence, tender a pardon, on the same condition as set out in the preceding section, to such person.

187. (i) Where a pardon has been tendered under section 185 or 186, and any person who has accepted such tender has, either by wilfully conceal-ing anything essential or by giving false evidence, not complied with the condition on which the tender was made, he may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the same matter.

(ii) The statement made by a person who has accepted a tender of pardon may be given in evidence against him when the pardon has been forfeited under this section.

188. Prosecutions may be conducted by the Procurator, or^by a police-officer, as also by the complainant, by an advocate, or by s^h"~otn«r person as the Political Officer or the Presiding Magistrate may appoint.

189. Every person accused before any Criminal Court may of r ight be defended by an advocate practising before such Court, if available and willing to ac t : if no such advocate is avaHable, the accused may be defended by a friend, subject to Us obtaining the sanction of the Presiding Magistrate to the friend selected by him.

% \

190. If the accused, though not insane, cannot be made to understand When accused does the proceedings, the Court may proceed with the inquiry or t r ia l ; and if the *** n»4ewt*l,d

accused is ultimately convicted, the proceedings shall 'be forwarded to the ProoewUnSs-confirming authority under Chapter X X I with a report of the circumstances of the case, and the confirming authority shall pass thereon such order as he thinks fit.

191. (i) If, from the absence of a witness, or any other reasonable cause, Power to postpone it becomes necessary or advisable to postpone the commencement of, or to ^!Jr '0 t t r n pw>* adjourn, any inquiry or trial, the Court may, if it thinks fit, by order in ceedin^8-writing, stating the reasons therefor, from time to time, postpone or adjourn |he same on such terms and for such time, as it thinks fit and reasonable, and may by a warrant remand the accused, if in custody.

(ii) Provided that no Magistrate shall remand an accused person to cus-tody under this section -for a term exceeding fifteen days at a time.

[Explanation.—If sufficient evidence has been obtained to raise a suspi-cion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is reasonable cause for a remand.]

192. (i) If, in the course of an inquiry or trial before a Magistrate, the Procedure of evidence appeal's to him to warrant a presumption that the case is one which Magistrate in should be tried or committed for trial to some other Magistrate, he shall stay Snnotdimow proceedings and submit the case, with a brief report «xplaining its nature, to 0f. any Magistrate to whom he is subordinate, or to such other Magistrate, having jurisdiction, as the Political Officer in charge of the Division directs.

(ii) The Magistrate to whom the case is submitted may either ±ry the case himself (if he has jurisdiction so to do), or refer it to any Magistrate subor-dinate to him, having jurisdiction, or commit the accused for trial.

193. If in any trial before a Magistrate, it appears to him, at any stage Procedure when of the proceedings before the signing of judgment, that the case is one which £?ri?? 'Ii*1* J ought to be tried by a Court of Session, he shall stop further proceedings and that'ease should commit the accused. be committed.

194. (i) A Court subordinate to a Political Officer may refer for the Reference «n opinion of the Political Officer any question of law which arises in the hearing P01"** °* »aw-of any case pending before it, or may give judgment in any such case subject to the Political Officer's decision on such reference, and, pending such decision, may either commit the accused to jail or release him on bail to appear for judgment when called on. Upon the Political Officer notifying his decision, the case shall be disposed of conformably to it.

(ii) Any other Court may in like manner refer any point of law to the Senior Judicial Officer.

195. Whenever any Magistrate, after having heard and recorded the Trjfj?**t at *** *° whole or any part of the evidence in an inquiry or a trial, is succeeded, or successor.* * temporarily replaced, in his office by another Magistrate, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may of his own motion, or on the reasonable demand of the accused, resummon all or any of the witnesses, or re-commence the inquiry or trial.

196. The place in which any Criminal Court is held for the purpose of Courts to be open inquiring into or trying any offence shall be deemed an open Court,^to which to Publlc-the public generally may have access, so far as the same can conveniently contain them; provided that the presiding Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

CHAPTER XIX.

O F CHARGES.

(4 . ) Form of Charges. 197. (i) Every charge under these Regulations shall state the offence Charge to «tate

with which the accused is charged. offence. (ii) If the law which creates the offence gives i t any specified name, the

offence may be described in the charge by that name only. <iii) If the law which creates the offence does not give it any specified

name, so much of the definition of the off#nee must be stated as to give the accused notice of the matter with which he is charged.

(iv) The law-and section of "the law against which Jhe offence is said to have been committed shall be mentioned in the charge.

(v) The fact tha t the charge is made is equivalent to a statement that every legal eo»ditie& required by law to constitute the offence charged was fulfilled in the particular case.

•

26

Particular» a» to time, place and person.

Charge of criminal breach of tract, etc.

(vi) The charge shall be written either in English or in Arabic. 198. The charge shall contain such particulars as to the time and place

of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, i t was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

199. When the accused is charged with criminal breach of trust or dis-honest misappropriation of money, i t shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of Section' 209: pro-vided that the time included between the first and last of such dates shall not exceed one year.

200. When the nature of the case is such that the particulars mentioned in Section 197 and 198 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as witt be sufficient for that purpose. ' 4fr „

201. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such -error or omission, and it has occasioned a failure of justice.

202. When any person is committed for trial without a charge, or with an imperfect or erroneous charge, the Court may frame a charge, or add to, or otherwise alter, the charge, as the case may be, having regard to the ruled contained in these Regulations as to the form of charges.

203. (i) Any Court may alter, or add to, any charge at any time before judgment is pronounced; and

(ii) every such alteration or addition shall be read and explained to the accused.

204. If the charge framed, or alteration or addition made, under Sec-tion 202 or Section 203, is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such charge or alteration or addition has been framed or made, proceed with the trial as if the new or altered charge, had been the original charge.

205. If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the aceused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

206. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or re-summon, and examine x^ith reference to such alteration or addition, any witness who may have been examined, and also to call any fur ther witness whom the Court may think to be material.

207. (i) If the Political Officer or the Civil Commissioner, in the exer-cise of any power under Chapter X X I , is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge or by an error in the charge, he shall direct a new trial to be had upon a charge framed in whatever manner he thinks fit.

(ii) If the Political Officer or Civil Commissioner is of opinion that the facts of the case are such that no valid charge could be, preferred against the accused in respect of the facts .proved, he shall quash the conviction.

(J?.) Joinder of Charges. Separate charges 208. For every distinct offence of which any person is accused-there shall

for each distinct D e a separate charge, and every such charge shall be tried separately, except in the cases mentioned in Sections 209, 210, 211, and 214.

Illustration. " A is accused of a theft on one occasion, and of causing grievous hurt on

another occasion. A must be separately charged and separately tried for the theft and for causing grievous hu r t . "

209^ (i) When a person-is accused of more offences than one of the same kind, commited wtithin the "space of twelve months feoffi the first to fee last of such offences, he may be charged with, and tried at one trial for, any number of them not exceeding three. , .

(ii) Offenees are of the same hh& when ihey are punishable with fcne same" amount of punishment under the same section of tire same law.

210. If i t is alleged that t he accused has committed a series of acts, so

When manner of committing offence must be stated.

Effect of error».

Proceduae on com-mitment without charge or on an imperfect charge.

Power to alter charge.

When trial may proceed imme-diately after alteration.

When new trial may be directed or trial suspended.

Recall of witnesses when charge altered.

Effect of material error.

offence.

Three offence» of_ same kind within year may be charged.

Acta forming the came transaction, connected together as to form,the same transaction, he may be charged with,

27

and tried a tone trial for, both the offence constituted by the whole of such acte when combined and also any offence constituted by any one or more of such acts.

. [NOTE.—In passing sentence, the Court must, nevertheless, have regard to Section 38 of the Baghdad Penal Code.]

211. If a single act or series of acts is of such a nature that it is doubtful W1""1 doubtful u which of several offences the facts which can be proved will constitute, the ^ accused may be charged with having committed all or any of such offences, committed, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.

Illustrations.

(a) "A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust, or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property. or criminal breach of trust, or cheating."

(b) "A states on oath before the Magistrate that he saw B hit C with a "** club. Before a higher Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving tsthe evidence, although i t cannot be proved which of these contradictory statements was false."

212. (i) If, in the case mentioned in Section 211, the accused is charged When P«*°n with one offence, and it appears in evidence that he committed a different £jfoaoe can be"1" offence for which he might have been charged under the provisions of that convicted of section, he may be convicted of the offence which he is shown to have com- another. mitted, although he was not charged with it.

(ii) When the accused is charged with an offence, he may be convicted of having attempted to commit that offence, although the attempt is not separately charged.

213. (i) When a person is charged with an offence consisting of several Wprovefincluded particulars, a combination of some only of which constitutes a complete minor fn that charged. offence, and such combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

(ii) When a person is charged with an offence and facts are proved which reduce it to a minor offence, lie may be convicted of the minor offence, although he is not charged with it.

214. When more persons than one are accused of the same offence or of When nereons may different offences committed in the same transaction, or when one person is j^in

ctiyrge<i

accused of committing an offence, and another of abetment of, or attempt to commit, such offence, they may be charged and tried together or separately, «s the Court thinks fit; and the provisions contained in the former part of this Chapter shall apply to all such charges.

Illustrations.

(a) "A and B are accused of the same murder. A and B may be charged aud tried together for the murder."

(b) "A and B are accused of a robbery, in the course of which A commits a murder with which B has nothing to do. A and B may be tried together on a chrage, charging both of them with the robbery and A alone with the murder,"

(c) "A and B are both charged with theft, and B is charged with two other thefts committed by him in the course of the same transaction. A and B may be tried together on a charge, charging both with the one theft and B alone with the two other thefts."

215. When a charge containing more heads than one is framed against Withdrawal of the same person, and when a conviction has been had on one or more of remaining them, the officer conducting the prosecution, or the complainant, may, with %£$™\^ the consent of the Court, withdraw the remaining charge of charges, or the one charge Court of i ts own accord may. stay the inquiry into, or trial of. such charge 0i charges. Sncn withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the Court (subject to the «rde*1 setting aside the conviction) may proceed with the inquiry into, or trial t*f the charge or charges so withdrawn.

on on

28

CHAPTER XX.

Language and mode of deliver-ing judgment.

Contents of judgment.

Reason for not passing sentence of death to be recorded.

Sentence of death.

Appeal by person sentenced to death.

Court not to alter judgment.

Copy of judgment to be given to accused if he desires.

Original judgment to lie filed.

O F THE JTTDGHENI.

216. (i) The judgment in every trial in a Criminal Court other than a summary Court shall be written in English or in Arabic; and the judgment shall be pronounced, or the substance of i t explained, in open Court, either immediately after the termination of" the trial, or a t some subsequent time of which notice shall be given to the parties or their advocates.

Provided that the whole judgment shall be read out by the Presiding Magistrate, if he is requested so to do either by the prosecution or the defence.

(ii) The accused shall, if in custody, be brought up. to hear judgment delivered.

217. (i) Every judgment shall contain the point or points for determina-tion and the decision thereon, and shall be dated and signed or sealed by th» Presiding Magistrate in open Court at the time of pronouncing it.

(ii) I t shall specify the offence (if any) of which, and the section of the Baghdad Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced.

(iii) If any of the parties claim damages, the judgment shall contain the decision of the Court as to damages.

(iv) When the conviction is under the Baghdad Penal Code, and i t is doubtful under which of two sections or under which of two parts of the same section «f that, Code M*» offence fa-lls the Court-shall distmetlv exoress the same, and pass judgment in the alternative.

(v) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted, and direct that he be set at liberty.

218. If the accused is convicted of an offence punishable with death, and the Court sentences him to any punishment other than death, the Court shall in its judgment state the reason why sentence of death was not passed.

219. When a person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

220. When a person is sentenced to death, the Presiding Magistrate shall inform him within what time his petition of appeal, if he desire to present one should be presented.

221. No Court, when i t has signed its judgment, shall alter or review the same, except to correct a clerical error.

222. On the application of the accused, a copy of the judgment or, when he so desires, a translation in his own language, if practicable, or in Arabic, shall be given to him without delay. Such copy shall be given free of cost.

223. The original judgment shall be filed with the record of the proceedings.

PART VII. Judgments and Sentence»—their Confirmation, Revision, Suspension,

m Commutation and Remission.

CHAPTEB X X I .

O F REFERENCE FOR CONFIKMATION, APPEAL AN» REVISION.

224. Every judgment of a Court of Session shall be submitted to the Submission for Civil Commissioner for confirmation. ^ d j ^ t o "

Court of Session. 225. When a judgment of conviction is submitted for confirmation Petition by oon-

under section 224, the convicted person may submit to the confirming author- victed person to ity, by way of petition of appeal, a statement in writing of his reasons why l^nr iw 8

such judgment should not be confirmed. * y ' 226. (i) An appeal to the Political Officer in charge of a Division, by ^VPjj?1 to. P«*tttM*l

petition in writing, shall lie from every judgment of the Court of a Magis- j™^r )n rCTt<"n

trate of the second class, or of a Magistrate of the first-class other than the Political Officer or a Civil Judge, whereby a sentence is passed in excess of the penalties which such Magistrates are empowered to award summarily under..sections 12 and 13 of these Regulations.

(ii) A similar appeal shall lie to the Civil Commissioner from every Appeal to Civil judgment of Political Officers in charge of Divisions or of Civil Judges, Commissioner in whereby a sentence is passed of imprisonment for a term exceeding six months certei:n cases-or of fine exceeding Rupees 400.

227. (i) An appeal from any judgment may be entered on behalf of any Appeal in matter» party answerable in damages and by the civil claimant, but only to the of C i v i l damage», extent of the interest of such party or claimant, and provided that the sum claimed as damages exceeds Rupees 150, if the ease was tried by a Magistrate of the second class, or Rupees 800, if the case was tried by a Magistrate of the first class.

(ii) In the case of a Judgment of a Court of Session, or oi a Political Officer, in charge of a Division, or of a Civil Judge, such appeal lies to the Civil Commissioner. In the case of a judgment of any other Magistrate, such appeal lies to the Political Officer in charge of the Division.

228. (i) Every petition of appeal under sections 225, 226 or 227 shall petition for appeal be presented within seven days after the passing of sentence or the deJivery of how and when the judgment. presented.

(ii) The petition shall be presented to the Political Officer, who, if the sentence was passed by the Court of Session, or by himself, or by a British Judge, shall forward it to the Civil Commissioner.

(iii) If the appellant is in jail, he may present his petition to the officer in charge of the jail, to be forwarded to the Political Officer.

229. (i) If the Political Officer or Civil Commissioner, upon receiving Summary dismissal a petition of appeal, sees no reason for questioning the decision of the Court, of appeal. he may summarily dismiss the appeal.

(ii) Otherwise he shall send for the proceedings and record of the case. 230. The Civil Commissioner or the Political Officer in charge of a powers of oonfinn-

Division, upon a judgment being submitted to him for confirmation, or after ing or appellate receiving a petition of appeal and sending for the proceedings and the record, authority. may exercise the following powers, that is to say; —

(a) He may confirm the finding and sentence, or, while confirming the sentence, remit or mitigate the punishment thereby awarded, or commute such punishment for any less punishment or punishments to which the offender might have been sentenced by the Court, or suspend for such time as seems expedient the execution of a sentence and either conditionally or without conditions.

(6) He may send back such finding or sentence for revision once, but not more than once, and if the finding only is sent back for revi-sion, the Court shall have power without any direction to revise

•-. and, if i t thinks fit, to increase the sentence awarded; but always provided that it shall not be lawful for any Court on revision to receive any additional evidence.

(c) He may refuse confirmation ol the finding and sentence. The re-fusal of confirmation of a finding shall have the effect of annul-ling the proceedings so far as they relate to that finding. Upon refusal of confirmation of a judgment of conviction the accused shall be released, unless ordered by the confirming authority to %e re-tried; but such release shall not prevent his subsequent re-trial, if ordered Ity competent authority.

39

Reference by Political Officer to Civil Com-missioner.

Civil Commis-sioner's and Political Officers* powers of revision.

P o w r of confirm-ing authority to pass interim order.

Sentence to take «ftVct pending appeal or confirmation.

Judgment will not be interfered with merely for technical error in procedure

Parties not entitled to be heard on appeal.

Vacancies in Court to which judg-ment is sent back.

Delegation of powers by Civil Commissioner.

(d) He may confirm the decision of the Court as to damages claimed Ly any of the parties, or send back such decision for revision once only, or refuse confirmation, or himself revise the decision.

231. A Political Officer, upon receiving an appeal against the finding or sentence of a Court, may withhold his decision, and refer such finding a n ! sentence to the Civil Commissioner; and the Civil Commissioner shall be in that instance the appellate authority. »

232. (i) The Civil Commissioner may, on his own motion, call for and examine the record of any proceedings before any Criminal Court, and a Political Officer in charge of a Division may in like manner call for and examine the record of any proceedings before a Criminal Court within his Division other than the Court of Sessions or the Court of a Civil Judge, fcr the purpose of satisfying himself as to the correctness, legality, or propristy of any finding, sentence or order recorded or passed, and as to* the regularity of the proceedings of the Court.

(ii) The Civil Commissioner or the Political Officer, as the case may be, shall have, in respect of the proceedings, the record of which is called for under this section, all the powers of a confirming authority under section 230; provided that no judgment shall be sent back, under the powers con-ferred by this section, to the Court by which i t was delivered, with a view to the conviction of an acquitted person or to the increase of a sentence, unless the record was called for within two months of the date of the delivery of the judgment.

233. {i) Whenever, under section 230 or section 232, the record of a ease comes before the Civil Commissioner or a Political Officer, the Civil Commissioner or the Political Officer, as the case may be, may, in ordering the Court to re-hear the ease, also order for reasons to be recorded by him in writing, that the convicted person, if in confinement, be released on bail or on his own bond, pending the re-hearing, or that an acquitted person be re-arrested.

(ii) Subject to any order of the Civil Commissioner or Political Officer passed under this Chapter, a sentence, other than a sentence of death, shall take effect notwithstanding an appeal or a submission for confirmation.

234. The Civil Commissioner or Political Officer shall not, i n the exercise of his appellate or confirming jurisdiction, interfere with the find-ing or sentence of the Court on the ground only that evidence has been wrongly admitted, or that there has been a technical irregularity in proce-dure, if he be satisfied that the accused has not been prejudiced in his defence and that the finding and sentence are correct.

235. Appeals shall be heard and decided on the written petitions of appeal and the records of the case, and the parties shall not be entitled to be heard before the appellate authority either personally or by agent.

236. (i) Whenever a Ending or sentence is sent back by the confirming or appellate authority under this Chapter, and, owing to death, transfer, or other cause, it is impossible to reconstitute the Court as originally constituted, the Political Officer shall nominate an officer or officers to fill the vacancy or vacancies.

(ii) When a Magistrate is appointed to act as Political Officer while an appeal from a sentence passed by him is still pending, the appeal shall be considered by the Civil Commissioner.

237. The Civil Commissioner may, by warrant signed by him, delegate all or any of his powers under this Chapter, either generally or in any parti-cular case or classes of cases, to any person or persons whom he considers fit and proper.

CHAPTER X X I I .

Power to remit or ' suspend

gentenoes.

Power to commute sentences.

O F SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES.

238. (i) When any person has been sentenced to punishment for an offence, the Civil Commissioner may at any time, without conditions or upon any conditions which the person sentenced accept», suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(ii) If any condition, on which a sentence has been suspended is, in the opinion of the Civil Commissioner not fulfilled, the Civil Commissioner may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted, may, if at large, be arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the sentence.

(iii) The condition on which a sentence is suspended or remitted tender this section, may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

239. The Civil Commissioner may, without the consent of the person sentenced, commute a sentence of death into any other sentence allowed by law, or a sentence of imprisoameat into one of fine.

PART VIIL Execution.

CHAPTEB X X I I I . O F EXECTTIOW,

240. When a sentence of death passed by a Court of Session is confirmed Execution °f *»tb the Political Officer shall, on receiving' the order of confirmation, issue a wntenc*-warrant directing such order to be carried into effect.

Pending confirmation of the sentence, the person sentenced shall be committed to jail .

241. If a woman sentenced to death is found to be pregnant, the Poli- w°man sentenced tical Officer shall order the execution of the sentence to be postponed, and ^ z j J S ™ " 1 * shall report the case to the Civil Commissioner. ^

242. When an adjpftsed person is sentenced to imprisonment, the Court Execution of passing the sentence shall forthwith forward a warrant to the jail in which sentence of he is, or is to be, confined, and unless the accused is already confined in such imr-««K»>™Hit. jail, shall forward him to such jail, with the warrant.

243. (i) Every warrant for the execution of a sentence of imprisonment Direction of shall be directed to the officer in charge of the jail or other place in which the warraf> , o r

prisoner is, orns to be, confined. execnaon. (ii) When the prisoner is to be confined in jail, the warrant shall be

lodged with the jailor. 244. (i) Whenever an offender is sentenced to pay a fine, the Court pass- Warrant tor levy of

ing the sentence may, in its discretion, issue a warrant for the levy oi the fine-amount by distress and sale of any moveable property belonging to the offend-er, although the sentence directs that, in default of payment of the fine, the offender shall be imprisoned.

(ii) After the. conclusion of the trial such warrant mav be issued either wh° may >»<»• by the Court, by the Political Officer in charge of the Division in which the Bach war ran t-Court sat, or by an Assistant Political Officer subordinate to such Political Officer.

245. Such warrant may be executed within the local limits of the juris- Effect of such dietion of the Court, and if shall authorise the distress and sale of any such. w»rrant. property outside such limits, when endorsed by the Political Officer within the local limits of whose jurisdiction such property is found.

246. When an offender has been sentenced to fine only and to imprison- Suspension of ment in default of payment of the fine, and the Court issues a warrant under execution of section 244, i t may suspend the execution of the sentence of imprisonment and fm^lomnent. may release the offender on his executing a bond, with or without sureties as the Court thinks fit, conditioned for his appearance before the Court, or before the presiding Magistrate, on the day appointed for the return to such warrant, such day not being more than fifteen days from the time of execut-ing the bond; and in the event of the fine not having been then realized the Court or the presiding Magistrate may direct the sentence of imprisonment to be carried into execution at once.

247. (i) When the accused is sentenced to flogging or whipping, the Execution of sentence shall be-executed at such place and time as the Court may direct. sentence of

flogging or (ii) The flogging or whipping shall be inflicted in the presence of the whipping,

officer in charge of the jail, unless the Magistrate orders it to be inflicted in his own presence.

(iii) ~No sentence of flogging or whipping shall be executed by instal--

ments. (iv) The sentence shall be inflicted with such instrument and in such

manner as shall, by general order be directed. 248. If, before the execution of a sentence of flogging or whipping, it stay of execution

appears to the Magistrate or officer present that the offender is not in a fit for medical state of health to undergo the sentence, he shall stay the execution; and the "»»°M-Magistrate who passed the sentence may either, after taking a medical opi-nion, again order execution of the sentence or substitute for it any other sentence which he could have passed at the trial.

If, during the execution of a sentence of flogging or whipping, it appears to the Magistrate or officer present, that the offender is not in a fit state of heaHh to undergo the remainder of the sentence, the flogging or whipping shall be finally stopped and the remainder of the sentence remitted.

In either case the stay of execution shall be recorded on the warrant, and the Magistrate, if not present, shall be informed.

249. Every warrant for the execution of a sentence or order may be Who may mm» issued either by the Magistrate who, or the presiding officer of the Court warrant. which, passed the sentence or order, or by his successor in office.

250. When a sentence has been executed, the officer executing it shall Return of warrant return the warrant te the Court or Magistrate from which i t issued, with an ^ _ 2 ^ t { o n •* «adorsement under his hand certifying the manner in which the sentence has %eea executed.

PART IX. Supplementary

CHAPTER XXIV.

OF PREVIOUS ACQUITTALS on CONVICTIONS.

Person onoe con- -£51 (1) A person who has once been tried by a Court of competent juris-teHt^.t°ln*SsUlt Miction for an offence and convicted or acquitted of that offence shall, while trie<f««wn for s t l c n conviction or acquittal remains in force, not p l i a b l e to be tried again •«oe cflwaoe for the same offence, nor on the same facts for any other offence for which a

different charge from the one made against him might have been made under section 211, or for which he might have been convicted under section 212

(11) A person convicted of any offence constituted by any act causing con-sequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tned for suqb. last-mention-ed offence, if the consequences had not happened, or were not known .to the Court to have happened, at the'time when he was convicted

(m) A person acquitted or convicted of any offence constituted by any acts, may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed, if the Court by which he waVfirst tned was not competent to try the offence with which he is subsequently charged

Illustrations v.

(a) "A is tried upon a charge of theft as a-servant and acquitted He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft simply, or with criminal breach of trust "

(b) " A is tned upon a charge of murder and acquitted There is no charge of robbery, but it appears from the facts that A com-mitted robbery at the time when the murder was committed, he may afterwards be charged with, and tried for robbery "

(c) "A is tned for causing grievous hurt and convicted The person injured afterwards dies A may be tried again for culpable homicide "

(d) "A is charged beofTe the Court of Session and convicted of the culpable homicide not amounting to murder of B A maysjjot afterwards be tned on the same facts for the murder of B "

{e) " A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B A may not after-wards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within paragraph 2 of the section

Previous acquittal ^ ^ A previous acquittal or conviction may be pleaded or proved at or conviction, any stage of an enquiry into, or trial for, the same offence or any other when to be offence, to a charge of which it is a bar, and upon it being proved, the proved accused shall be discharged __

CHAPTER XXT

OF LUNATICS

•onnd mind

Person incapable of ^ 3 M W n e n m % co™se of an enquiry or trial there is reason to making huT believe that the accused is of unsound mind, and consequently incapable of defence by making his defence, the inquiry or trial shall be adjourned, and the facts !!!??.^_jn shall be reported to the Political Officer, and the Political Officer shall cause

the accused to be examined by one or more medical officers who shall report to him the result of the examination

(li) If the unsoundness of mind be established, the inquiry or trial shall be further adjourned until such time as the accused shall hav§_ sufficiently recovered to make hie defence, and, in the meantime, subject to any general or special regulations or order to be issued or passed by the Civil Commis-sioner, the accused shall be placed in such custody as the Political Officer may think desirable.

(in) If, in the judgment of the Poetical (Mem, the oircumstanoes per-mit of it, the custody may, subject as aforesaid, Jbe that of -any relatives or friends of the accused willing to take charge el him. In such case, %* Political Officer m*yj if he thinks fit «Bte security from the mste3km4& ensure proper care being given to the lunate.

33 * 254. If at the tame of his trial an accused person appears to be of sound P«"»n of unsound

mind, and i t appears from the «yidenoe that he has done an act which, had he been of sound mmd, would have constituted an offence, but that, at the time of doing it, he was, by reason of unsoundness ot mind, incapable of judging of the nature and consequence of the act, the Court shall leoord its finding that he was at the tune of unsound mind, and shall report to the Political Officer who shair deal with the case as under the preceding section

mind doing an act which, but for inch un •oondneaa would be an offence

CHAPTER XXVI

Oi THE COMPOUNDING OF O I FENCES»

255 (i) The oftenees punishable undei the sections of the Baghdad Compounding Penal Code described m the hrst two columns of the table next following ma\ offeDt,w

be compounded by the persons mentioned in the third column of that table —

Offence

Bodily injury, assault or use of force if punish-able with imprisonment not exceeding one year

Defamation or insult Adultery with married

woman Wilful destruction of or

damage to property, when the only loss or damage caused is loss or damage to a private person

Criminal trespass

Reference to Baghdad Penal

r 22, title 2

c 26 Sec 226

c 31, title 2

c 32

Person by whom offence may

be compounded

The person miured or as-saulted or to whom the force is used

The person defamed The husband

The person to whom the loss or damage is caused

The person in possession of the property tres-passed upon

And with the permission ot the Court before whi< h H prosecution tor the offence is pending— Bodilj liijurj , ii punish-

able with imprisonment exceeding one year or with penal servitude •

Intimidation and threats

title

c 25

rl !ii peisou nijuied

The person mtin idated or threatened

(u) When any offence is compoundable undei tins sertion, the abetment of such offence or 'an attempt to commit such offence Uhen such attempt is itself an offence) may be compounded in l i te manner

(m) When the person who would otherwise be competent to compound an offence under this section is a minor, an idiot or a lunatic, any person com-petent to contract on his behalf may compound the offence

(IV) When the accused has been committed tor trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the committing Magistrate or the Magistrate l>efore whom he was convicted

(v) The composition of an offence under this section shall have the effect of an acquittal of the accused

(vi) No offence shall be compounded except as provided by this Section

CHAPTER XXVII

O F BAH. AND OF ©ONDS

256 When any person, accused of an offence, punishable with imprison- When bail to to meat for a term not exceeding three years or with any less penalty, is arrested, granted or detained without warrant, by an officer-in charge of a police-station, or a Procurator, or appears or is brought before a Court, and is prepared at anv time, while m custody of such officer, or at any stage of the proceedings before such Court, to give such bail as may seem sufficient to the officer or Court, such person shall- be released on bail, unless the officer or Court, for reasons to be recorded, considers tha t by reason of the granting of bail the proper investiga-tion erf the offence would be prejudiced, or a serious risk of the accused escaping from justice be occasioned Provided that such officer or Court if he

34

When bail may be taken in n m c t of non-bailable offence.

Power to direct admission to bail or redaction of bail

Bond of assured and sureties

Discharge from custody

Power to require sufficient bail where that first taken is insufficient

Discharge of «urettes

Deposit instead of reeognuaoeaa.

Procedure on for-feiture of bond.

or it thinks fit, may instead of taking bail from such person, discharge bini on his executing a bond, without sureties, for his appearance as hereinafter pro-vided

25? (1) Persons accused of an oftence punishable with death shall not be released d& bail

(11) Persons accused of an offence, punishable with penal servitude 01 im-prisonment toi a term of three years or a severer penalty, shall not ordinarily be released on bail, nevertheless the Court may, upon application made, re-lease 011 bail a person accused as aforesaid, it it considers (a) that by reason of the granting of bail the proper investigation of the offence would not be pre-judiced, nor a serious risk of the accused escaping from justice be occasioned, or (b) that there are not reasonable grounds tor believing that the accused is guilty of the offence but that there are sufficient grounds tor further enquiry into his guilt

(.111) Any Court may, at any subsequent stage of unj proceeding under these Regulations, cause am person who has been released under this section to he ariested, and may commit him to custody

258 The amount ot everj bond executed undei this Chapter shall be fixed with due regard to the circuuistances of the case, and shall not be exces-sive, and the Political Ofhcei may, in any case, direct that any person be admitted to bail, or that the bail required by a police-officer, Procurator or Magistrate he reduced

25'J (I) Before any peisou is lelea&ed on bail or released on his own bond, a bond tor such sum of monej as the police-officer, Procurator or Court, as the ta»e maj he, thinks sufficient shall be executed by such person and when he is released on bail, by one or more sufficient sureties, conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend, until otherwise directed by the police-officer, Pro-curator or Court, as the case may be

(li) If the case so require, the bond shall also bind the person released on bail to appear when called upon before the Court of Session or other Court to answer the charge

260 (i) As soon as the Inind has been executed, the person, for whose appearance it has been executed, shall he released, and, if he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officei on receipt of the order shall release him

(li) Nothing in this section or in sections 256 and 257 shall be deemed to requue the release of any person liable to be detained for some matter, other than that in respect of which the bond was executed

261 It, through mistake, fiaud oi otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it, and way order him to find sufficient suieties, and, on his failing so to do maj commit him to jail

262 (l) All or aujvt.ureties for the attendance and appearance of a person leleased on hail may at any time apply to the Court, which caused the bond to be taken, or to any Magistrate ot the first or second class, to discharge the bond, either wholly, or so far as relates to the applicants.

(n) On such application being made, the Magistrate shall issue his war-rant of arrest directing that the person so released be brought before him.

(in) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly, or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to custody

(B) Provisions as to Bond». 263 When any person is required by any Court, Procurator or officer to

execute a bond, with qg, without sureties, such Court, Procurator or Officer may permit bun to deposit a sum of money to such amount as the Court, Procurator or officer may fix, in lieu of executing such bond.

264 (I) Whenever it is proved to the satisfaction of the Court, by which a bond under these Regulations has been taken, or of the Court of a Magis-trate of the first or second class, or, when the bond is for appearance before a Court, to the satisfaction of such* Court, that such bond has been, forfeited, the Court shall record the grounds of such proof, and may call upon any person bound ny the bond to pay the penalty thereof, or to show cause why i t should not be paid.

(u) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and vale of the moveable property belonging to such person, or to his «state, i f he be dead.

(lii) Such warrant may be executed within the local luaite«f the jurisdic-tion oi the Court which issued i t : and i t snaH authorise the distress *ad sale <if

a n j l i v e a b l e propeity belonging to such person outride such hum*, «hen en-dorsed by the Political Officei within the local limits oi whose jurisdiction «ucn property is found

(iv) If the penally is not paid and cannot be recovered by attachment and sale, the person bound shall be liable, by order ol the Court*which issued the warrant, to imprisonment for a term which may extend to six months

<v) The Court may, at its discretion, remit anj portion of the penalty mentioned and enforce payment in part only

(vi) Where a surety to a bond dies before the bond is forfeited his estate shall be discharged from all liability in respect oi the bond, but the partv who .gave the bond may be lequired to find a new surety

2b5 All orders passed under section 264 by any Magistrate otber tban Appeal from and the Political Officer or a Civil .ludge, shall be appealable to the Political n™">* °* Officer, or, if not so appealed against, may be revised by him Orders passed Lcuon"»* under such section by a Political Officer 01 Civil Judge'maj be revised bj the Civil Commissioner

266 The Couitol Session niuj uuect «iuj Magistrate to le\j the amount Levy of amount due on a bond to appear and attend at such Court due on bond to

appeal before Court of Session

CHAPTEB XXVII I

()j THE DISPOSAL OF PHOPERTT

26T (1) W hen an enquiry or a trial in anj Criminal Court is concluded, Order for disposal the Court may make such order as it thinks fit for the disposal of any property of property •or document produced before it, or m its custody, or regarding which any offence"1* offence appears to have been committed, or which has been used tor the com- commuted mission oi any offence

(11) When the Court of Session makes such order, and cannot through its own officers conveniently deliver the property to the person entitled thereto, -such Court maj direct that the order be carried into effect by the presiding Magistrate

(m) When an ordei is made undei this section in a case in which an * appeal lies, or which requires confirmation, such ordei shall not (eMept when the property is live stock 01 is subject to speedy and natural deca\ ) be carried •out until the period allowed for presenting such appeal has passed, oi, when such appeal is piesented within <uch period until such appeal lias been dis-posed of, or until the order is confirmed

[Explanation—In this section the term ' proper ty" includes, in the «ase of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same mav have been converted or exchanged, and anything acquired by such conversion •or exchange, whether immediately or otherwise ]

268 In lieu of the Court passing an order under section 26T, it may Powei to direct •direct tiie property to be delivered to the Political Officer, who shall in such delivery to «ase deal with i t as if it had been seized by the police and the seizure had been P o l l t , c a l °fficer

reported to him in the manner hereinafter mentioned 269 When any person is convicted of any offence which includes, or Payment to innr,

amounts to, theft or receiving stolen property, and it is proved that any other c™t purchaser person has bought the stolen property from him without knowing or having J"*°£ ™one>

reason to believe that the same was stolen, and that any money has, on his accused arrest, been taken out of the possession of the convicted person, the Court may, on the application of such purchaser, and on the restitution of the stolen pro-perty' to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by the purchaser be delivered to him

270 (l) Whenever a person is convicted of an offence attended by force, pOWer to resteie and it appears to the Court that by such force any person has been dispossessed possession of •of any immoveable property, the Court may, if i t thinks fit, order such person immoveable -to be restored to the possession of the same property

(li) No such order shall prejudice anj right to, or interest m, such im-moveable property which any person may be able to establish in a civil suit

271. j[i) The seizure by any police-officer of property taken under sec- Procedure on -turn 89, or alleged or suspected to have been stolen, or found under cirrum- w i z u r* °* Pr°-stances which create suspicion of the commission of an offence, shall be forth- Cr&orTsg^r of with reported to a Magistrate or Procurator, who shall make such order as hp property stolen thinks fit respecting the disposal of such property, or the delivery of such pro-perty to the person entitled to the possession thereof, or if such person cannot he ascertained, respecting the custody and production of such property

*db Procedure where

owner of pro-perty seized u unknown.

Procedure where nn claimant appears within 6i\ months

Puwor to sell perishable propert\

(n) If the person so entitled is known, the Magistrate or Procurator may older the property to be delivered to him on such conditions (if any) as he-thinks fit I t such person is unknown, the Magistrate or Procurator may de-tain it and shall m such case, issue a proclamation specifying the articles of « hich such property consists, and requiring anv person who may have a claim theieto to appear before him and establish his claim within six months from the date of such proclamation •,

272 I t no person within such period establishes his claim to such pro-perty , and if the person in whose possession such property was found is unable to show that it was legally acquired by him, such propertj shall be at the dis-]K)sal of the Government, and mav be sold under the orders of t i e Politica1

Officer 273 If the person entitled to the possession ot such propertj- is unknown

'ii absent, and the property is sub le t to speedy and natmal decav, or if the Magi sti cite, to whom its seizure is reported, is of the opinion that its sale would lie foi the benefit of the owner the Magistrate 01 Procurator may at anv ume duert it to lie sold, and the provisions ot sections 271 and 272 shall as uearlv a^ ui.u lie piarticahle apph to the nett pioceeds ot such sale

CHAPTER XXIX

Powtr to summon material witness or examine person piesent

Inteipieter bound to inteipret truthfully

Expenses of lOmpUvnants and witnesses

Pouei nt Court t«i paf expenses out of fine

Manev ordered lu be paid recover able as fine

Copies of proceed ings

Powei of police to seize propei ty suspected to be stolen

Power of superior Officeif of Police

Power to compel restoration of abducted female

Forms

M l S ( h i 1 AKEOUS

274 Any Court may, at any stage of any inquiry, trial or othei pro-i eeding under these Regulations, summon any person as a witness, or examine any person m attendance, though not summoned as a witness, or lecall and i e-exainine any person already examined, and the Court shall summon and examine, or recall and re-examine, anj such person, if his evidence appears to it essential to the just decision of the case

275 When the services of an interpreter are required by any Criminal Court for the interpretation of anv evidence or ^statement, he shall be bound to state the true interpretation of such evidence or statement

276 Subject to any rulet> made bj the Civil Commissioner, anv Criminal Court may, if it thmks fit, order payment, on the part of the Government (it the reasonable expenses of any complainant oi witness attending for the purposes of anv inquiry trial or other proceeding before such Court under these Regulations

277 (l) Whenever, under an\ law in foTce for the time being, a Criminal Court imposes a fine, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied m defraying expenses properly incurred in the prosecution

(n) If the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal, and, if the fine is imposed in a case which is subject to confirmation, no such payment shall be made before the sentence is confirmed

278 Payment of any money (other than a fine) payable by virtue of any order made under these Regulations may be enforced as if it were a fine.

279 If any person affected by a judgment or order passed by a Criminal Court desires to'have a copy of any order or deposition or other part of the record, he shall, on applying for such copy, be furnished therewith provided that he pays for the same, unless the Court, for some special reason thinks fit to furnish it free of cost

280 Any police-officer may seize any property which inlly be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence Such police-officer, if subordinate to the officer in charge of a police-station, shall forthwitF report the seizure to that officer

281 Police-officers, superior in rank to an officer in charge of a police-station, may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by an officer within the limits of his station

282. Upon complaint made on oath to a Magistrate of the first class of the abduction or unlawful detention of-a woman or of a female child under the age of fourteen years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty, or of auch female child to her/husband, parent, guardian, or other person having the lawful charge of such child, and may compel compliance with such order, by •he use of such force as may be necessary

283 The Senior Judicial Officer may issue forms for use under these Regulations The forms so issued with sueh variation as the circumstances of each case require, may he used for the respective purposes for which th*y are stated to be* issued, and -if used «Pftall be saflteisat.

87 284. No Magistrate shall try or commit for trial, or form part of the °fP,?f,.7^k*»

Court which 4ries, any case to or in which he is a party or is personally inter- S S S S * ested, without the consent of the Political Officer or (in the case of a Political kAmtol Officer) the Civil Commissioner.

[Explanation.—A Magistrate shall not be deemed to be a party or per-sonally interested, within the meaning of this section, to or in any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been com-mitted, or any other place in which any other transaction material to the case is alleged 1» have occurred, or has made or held an inquiry in connection with the case.]

285. Subject to any order which may be passed by the Civil Commis- Ar*Wc to be sioner, the proceedings of every Court under these Regulations for the trial QJHJ^*88

of any native of any of the occupied territories shall be conducted in Arabic. 286. A public servant having any duty to perform in connection with Offioem oonceraed

' the sale of any property under these Regulations shall not purchase or bid Tff1*?*** ""^ *° for the property- chaw propSrty.

INDEX,

A.

SUCTIONS. ABDUCTS» FBJUJUS. Restoration of 282 ABSCONDING PBBSON. Proclamation for and attachment of Property ... 58—60 ACCUSED PBBSON.

At T r i a l : Defence bv advocate or friend 189 Examination of '.\. _ X80 Not understanding the language 185 Not understanding .the proceedings 190

Before Magistrate; Acquittal of 160 » - Conviction of 160

Discharge of 155 Initiation of proceedings 145—152

May be present during investigation i" - ... U7 Statement to Procurator during investigation U4

ACQUITTAL. (And tee ACCUSED PEBSOW). Form of judgment .* 217 Previous, bar to proceedings 251

„ when to be proved ... 252 ADJOURNMENT of proceedings ... .. 191 ADVOCATES.

May be present during investigation 1J7 Bight of accnsed to be defended by 199

APPEAL. * From judgment of Court of Session ... 226 From judgment of Magistrate's Court 226 From order regarding forfeiture of bond 265 From Procurator's order for detention in custody 112 General provisions as to 224—237 Parties not entitled to be heard on 235

ARREST. (And see WARRANT). No unnecessary restraint to be used 33 Procedure after 34—40 Procedure on 24—33 Resistance to 28 To prevent a breach of the peace 77 (ii), 79 Without warrant, detention not to exceed 24 hours 37

ASSISTANT POLITICAL OFFICER. (And see POLITICAL OFFICES.). Definition o£ 3 (i) May be nominated Magistrate of 1st Class 6 (h> To act as Procurator in certain cases ... 21

ASSISTANT PBOCUBATOB. (And see PBOCUBATOB). Included in expression "P rocu ra to r " 3 (i)

ATTACHMENT of property of absconding person 59, 60

BAIL. (And tee BOND). Discharge of accused from custody 40, 260 Discharge of sureties 262 Form of bond 259 Fraud or mistake in accepting baO 261 General provisions as to 256—262 Reduction of 4 258 When bail shall be granted 256 When taken in non-bailable cases 257 Bench of Magistrates 7A

BOND. Breach of, arrest for ... _ 63 Discharge of arrested person signing 40 For appearance, before Court of Session 133—135

„ „ when taken 62, 121 For good behaviour (and see Goo» BEHAVIOTO) 78—81 For keeping tine peace. (See KEEPING THE PEACE). For payment of fine 246 Forfeiture of, procedure on 264 General provisions as to 263—266 Of person arrested under warrant 49 Of person giving false name and address - 35

BBBACH or THB PEACE. .. Arrest, to prevent 77 (n>, 79 Bond to prevent (tee KEEPING TOT PBACB).

c. Alteration and amendment of ^ 0 ? , ? *** CaueeHatioa of •. « J . Definition of 3 (t) Srror in, effect of material error ®»

„ „ „ unimportant error &»•

Index.

Explanation of, to accused Framing of, by Magistrate

, „ general provisions as to ,, „ in non-summary cases ,, ,, not necessary m summary cases

Joinder of, general provisions as to To Tie forwarded to Court of Session To be read to accused at trial

CIVIL CLAIMANT Complaint by

„ „ withdrawal of Damages, decision by Court of Session

„ „ „ Magistrate May be present during investigation Service of notices, etc , on

C l M L COMMISSIONER Appeal to Appointment of Civil Judge as President, Court of Sessions by Appointment of Special Magistrates by Conferment of special powers on Magistrate by Confirmation of judgments of Courts of Session by Commutation of sentences by Delegation of authority by, appointment of Magistrates

, „ ,, bonds far keeping the peace „ ,, , confcming and appellate powers

Limitation of Magistrates' powers by Powers of, as confirming or apppellate authority Remission and suspension of sentences by Transfer of proceedings by order of

O v a , JUDGE Definition May be President of Court ot Session

COGNIZANCE or OFFENCES By Magistrates „ ,, transfer to proper Court

COMMITMENT During trial by Magistrate For trial by Court of Session Order for

COMMUTATION OF SENTENCES COMPANY, service on COMPLAINANT {And see CLAIMANT)

Absence of, before Magistrate Expenses of |K>wer to order payment of

COMPLAINT Definition Dismissal of Complaint Examination of Complam.int by Magistrate

COMPOUNDING OF OFFENCES Effect of

CONMCTION Pievious, Liai to proceedings

,, when to be proved Quashing of, as result of material error in charge

CONFIRMATION of judgments COPIES OF PROCEEDINGS To whom furnished CRIMINAL BREACH OF TRUST COURT or SESSION

All judgments to be confirmed Commitment for trial by Civil Judge may be President of Constitution of Powers of Procedure on trial by

D. DAMAGES

Award of, to accused Claim for, against accused

DEPUTY MILITARY GOVERNOR. Included in definition " Assistant Political Officer "

DISCHARGE. Set ACCUSED PKBSOH DOCUMENT

Impounding of, by Court Production of, summons for

ERROR. 'Technical, not a ground for interfering with judgment

EVIDENCE. Accused's statements Depositions

Irrelevant, exclusion of Production of, process to compel Record of, at non-summary trial

„ „ not necessary in summary trial „ „ to be acknowledged by witness

EIECUTIOM or SENTENCES EXTENT or REGULATIONS

Index.

F.

Execution of sentence, distress warrant Expenses of prosecution may be paid out of Money ordered to be paid, recoverable as Payment of. Bond for

» » imprisonment in default of » „ not to be enforced pending appeal

Execution of sentence n „ stay for medical reasons

FORKS to be used FBIENB OF ACCUSED. Defence by FRIVOLOUS COMPLAINT

G. GOOD BEHAVIOUB.

Bond for, 1st Class.Magistrate may require Issue of summons to show cause Nature of Persons from whom may be required Proceedings subsequent to order (aee BON») Procedure on enquiry

I. «INFORMANT.

Award of damages against When referred to Procurator or Magistrate

INTOBSIATION. Frivolous or vexatious, damages when awarded How dealt with by Police

-INQUIRY. Definition of Ordinary place of

INTKBPRETEB. must interpret truthfully INVESTIGATION. (And gee OFFENCE).

Definition of Depositions may be put to witness at trial

JOINDEB. OF CHARGES JUDGMENT.

Copy to be handed to accused, if he desire it ... General provisions as to Not to fie altered by Court Of Court of Session, to be confirmed in every case Original to be filed

JUDICIAL PBOOBEDINGB. Definition Initiation of, before Magistrate

„ „ when sanction necessary J-3VKNTJUB OITBNBEBS. Trial of JURISDICTION.

Outside, execution of warrants „ pursuit of ©Senders

K. KBXFXNG THS PEACE.

Bond for. Application by surety for cancellation of „ „ Cancellation of „ „ Commencement of period of ~zr~~ rr Confirmation of proceedings „ „ Discharge of person imprisoned „ „ Fresh security „ „ Imprisonment on failure to give security „ „ Nature of „ „ On conviction „ „ Otherwise than on conviction

' „ , „ Proceedings subsequent to order „ „ Reduction of security „ „ Security offered may be rejected

IMNGUAGB m COURT to be Arabic I A W . Points of, reference on LUNATIC (See UNSOUND MIND).

Index.

3 (i)

MAGISTRATE An est of offender in presence of ™ vr" Benefa of * f j Personally interested in the ease 2M Powers of, limitation by Civil Commissioner 7 M Procedure in cases which he cannot dispose of 192 Special appointment of by Cisil Commissioner 7 tt\ Subordinate to Political Officer g Successor of, transfer of cases to 195

MAGISTRATE or THE 1ST CLASS At officto, who is e » | Powers conferred in special cases 12 Powers of Court of . 12

MAGISTRATE or THE 2ND C U S S Sx-offtcto, who is 5 /u) Powers of Court of . 13

MAGTBT&ATJI or THE 3RD CLASS Powers of Court of . 14 Summary jurisdiction only 14

MttTTABY GOVKRNOm. Included in definition of " Political Officer "

MISAPPROPRIATION OT MONEY Form of charge f . igg

MCKHTAE \rrest of offenders by 24 Duty to report offences 91

,, ,, ,, suspicious persons or events 92 m

N. NAME AND ADDRESS Befusal to give 35 NEW TBIAL.

As result of alteration in charge 205 ,, „ „ material error in proceedings . 207

NON STTXMABT TRIALS By Magistrates 153—161

o. OFFENCE

Duty of persons to report < Information of, action by Police

to be registered by Polie* when referred to Procurator 01 Magistrate

Investigation of, by-Eolice by Procurator (and «ee PIIO<TRATOR)

examination of witnesses release of accused after report of Police to Procurator

Triable in the >arious Courts OFFICER IN CHARGE or POLICE-STATION

Arrests by, without warrant, report of Definition of. Investigation of offences by (and see Omncs )

,, ,, ,, when report may be accepted as evidence Procedure on receipt of information as to offence Search warrant, application for by

OinsaiONS included m words referring to acts done

P. PARDON

Tender of 185, 186 Revocation of 187

PLEA, in case where death sentence may be awarded 166 POLICE (See Omega IN CHARGE or POLHS-STATIOK)

Arrest by, offenders - 24 „ „ offensive weapons may be seised 29 „ „ suspected persons 25

British Commissioned Officer of Police to act aa Procurator 19 Definition of Police-officer 3 (1) Public bound to assist 30 Pursuit of offender outside the jurisdiction by 32 Report by, in case of violent death - 1 0 5 A k m Search by, of arrested persons — 29

„ „ of premises and right of entry thereto 31 Superior officers of, powers of , 281 Supervision by 90*

POLITICAL OFFICER. ^ ^ Appeals to 8HS~23o Definition of • 3 fij Bx-offteto Magistrate of 1st Class 6 (1) Powers of, appointment of Procurator 21

,, ,, as confirming; or appellate authority 220 ,, „ regarding bail 258 „ ,. supervision of Procurator's investigations 22 ' „ „ transfer of proceedings by - 242

To act as Procurator in certain c a m .. . . . . . . . . a

To provide for constitution of Courts of Session aad distribution at Magisterial duties . .. s 8

POSTPONEMENT of Proceedings &ft

91, 93 94—96

94 95

96—104 22, 99 4«)

105, 106—121 100 103

99, 104 9

38 3 (i)

22, 96-104 123 (li)

«OT SJD

67 3 (11)

*

Index. i

PBIYAXB PBBSON. Arrest by, procedure after arrest

„ „ when he may arrest Duty to assist police

PROCESS for compelling attendance of accused PROCLAMATION for absconding person PBOCUBATOB.

Arrest of offender by Decisions of, subject to revision by Political Officer Definition of Investigation by, accused may be examined

» „ examination of witnesses » » general provisions „ „ local enquiries by „ „ power to order detention in custody ,, ., procedure on completion of ... ,, report to be accepted as evidence

Is both Magistrate and Police-officer What offences shall be investigated by Who is to act as

PBCPEBTY. Disposal of, delivery to Political Officer

,, general provisions „ officer concerned is not to bid or buy ,, payment to innocent purchaser ,, perishable „ where owner unknown

Stolen, police may search for property alleged to be ... „ search warrant for

PROSECUTION. By whom ordinarily conducted Expenses of, may be defrayed out of fine

PUBLIC permitted to attend trials ... -PUBLIC WATCHMAN.

Arrest by, procedure after, without warrant „ „ when permitted {and see ABBEST)

PUBCBASEB. Innocent, payment of compensation to PURSUIT. Of offender into other jurisdiction

R. RECOBD OF EVIDENCE. (See EVIDENCE). REMAND. By Procurator or Magistrate REMISSION OF SENTENCES RESISTANCE TO ABRBST REVISION. General provisions

s. SANCTION, necessary for certain criminal proceeding» SEAKCH. 7

In presence of Magistrate or Procurator last of articles found on arrested person Of arrested person Of premises entered by person to be arrested Of woman Warrant, application for, by police

„ execution of, outside jurisdiction „ ,. owner of premises may be present

for person illegally confined for stolen property, etc. provisions as to • search of persons during execution of to be executed in presence of witnesses ... Where summons to produce probably ineffective

SscvaiTS (*ee BONO). SENTENCE.

Combination of sentences Commutation of » Execution of Of death, form of

,, „ reasons for not passing, to be recorded Remission of Several sentences, power to order to run concurrently Suspension of

SHAIKH, Duty to report offences When he may arrest

SUBSTITUTE» SERVICE {and pee. SUMMONS) SUMMARY TKIALS.

Procedure and record SUMMONS.

Form of Issue and service ... Service of, by whom served

„ „ endorsement of person summoned „ „ how served „ „ on Company ... .„ „ outside local limits ' ••• ,, „ proof of ••• ••

,, where person served » salable to endorse To compel attendance ... To produce document or thing

Index. SvBBXtSS.

For bail bond, discharge of 262 „ ' „ „ estate of deceased surety not liable 264 (vi)

SUSPENSION or SKKTSNCXS 238

TWFORARY OncEB. Powers of ..: 3 (iii* TBANSFEB OF CASKS.

By Magistrate» 147*%48 By Political Officer and Civil Commissioner 142 To Magistrate*» successor , ... 195

TRIAL. By Court of Session 166—175 „ Magistrate», non-summary 155—161 „ „ summary •.. 162—1©} ,, wrong Court, proceedings not to be invalid 143

Flaee of "" 141 Transfer to another Court 142

TJNSOTOTD MIND, Person of, at time when, act was committed 264

,, ,, incapable of making his defence 253

VACANCY IN COURT, to which judgment sent back 236 VEXATIOUS COMPLAINT. When damages awarded 140 VniAoa COUNCIL,-member of, duty to report suspicious events -92 -Vons, majority of, decision» of Courts of Session 176

w. WARBAWT.

Arrest without, procedure on («ee ABBBST). For execution of sentences, of death 240 ,, » » » ,t *>» 244, 245 ,» » „ „ » unprwoniwmt 242,243 „ „ „ „ „ return of, after execution 250 „ » ,. „ ,, who may issue 249

For levy of bond , 264—266 Of arrest, continuance of 48 (ii)

„ directed to police-officer 51 -„ form of 48 (i) „ for breach of bond for appearance 63 „ notification of substance to person arrested 52 „ outside jurisdiction, directed to police-officer 56 „ „ „ forwarding of warrant 55 „ „ „ procedure on arrest 57 „ person to be brought before Magistrate without delay ... 53 „ security may be ordered to be token 49 „ to compel attendance, when issued 61 „ to whom directed 50 „ when warrant may be executed 54

"WATCHMAN («ee PUBLIC WATCHMAN). WKAPON. Offensive, may be seised on arrest ... 29 WHIPPING («ee FLOGGING). WITNESS.

At trial, Court wiH protect from insults, etc 178 * „ „ examination of 177—179

,. ,. record to be acknowledged by 182 „ „ shall be pat on oath 176

Bound over to appear before Court of Sessions 133—135 Depositions at investigation may be put to 171 Examination of, by committing Magistrate 223—135

„ „ in investigations by Police ISO, 101 „ „ „ „ by Procurator 113—116

For defence before Court of Session. Application by accused at trial ... 169 •, >. ,, ,> |*st of . 129

„ „ ,, „ „ When Magistrate may refuse to summon 132

Payment of expenses of 276 WOMAN.

Pregnant, death sentence on 241 Search of „. 39 (Si)

S.G.P.Bd ...2221.^474. ...l,«00...»-7-!W