Section 8 in The Assam Criminal Law (Amendment) Act, 1934
8. Procedure for trial of co-accused who surrenders or is arrested after commencement of trial or conclusion of previous trial.
- Notwithstanding anything contained in this Act or in any other Act-(1)(a)If after the commencement of a trial by Commissioners under this Act airy person surrenders or is arrested who, in the opinion of the appropriate Government, might, if he had surrendered or arrested before the commencement of the trial, have been tried jointly with the persons under trial, the appropriate Government may direct that he shall be placed on his trial jointly with such other persons at the said trial:Provided that the name of such person was included with the names of the persons under trial in the order sub-section (1) of Section 3 directing their trial or in the report under Clause (a) of sub-section (1) of Section 173 of the Code;(b)When any person in respect of whom a direction has been made under sub-clause (a) is produced before the Commissioners, any evidence already recorded in the trial may be admitted as evidence against him or in his favour.(2)In a trial, by Commissioners under this Act, of any person who has surrendered or been arrested after the conclusion of a previous trial under this Act at which in the opinion of the Commissioners, he might, if he had surrendered or been arrested before the commencement of such previous trial, have been tried jointly with the persons then tried any evidence recorded in such previous trial may be admitted as evidence against him or in his favour:Provided that the name of such person was included with the names of such persons previously tried in the order under sub-section (1) of Section 3 directing their trial or in the report of Clause (a) of sub-section (1) of Section 173 of the Code.(3)Where any evidence recorded in the absence of the accused person is admitted under sub-clause (b) of Clause (1) or Clause (2), the Commissioners may, on their own motion, recall any witness who had given such evidence in order that he may be further examined or cross-examined and shall, at the instance of the accused person and his pleader, recall any such witness for such purpose, unless in the opinion of the Commissioners, for reasons to be recorded in writing, it is not necessary in the interest of the justice that the witness shall be recalled.(4)The provisions of this section shall apply-(a)to the trial of persons who surrendered or were arrested before the dale of the commencement of this Act, in respect of any offence for which they have not at such date been placed on trial, as well as to the trial of persons who surrendered or are arrested after that date;(b)to the admission of any evidence recorded, whether such evidence was recorded before or after the said date in a trial under this Act.
