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1 - 4 of 4 (0.34 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Subrahmania Ayyar vs King-Emperor on 2 August, 1901
7. I concur. The omission to comply with clause (h) of Section 263, Criminal Procedure Code, on the part of the Bench Magistrates, in my opinion, merely amounts to an irregularity which can be cured under Section 537, Criminal Procedure Code, inasmuch as the case was a non-appealable one, and there was clear evidence justifying the conviction. It can, therefore, be assumed that the conviction was based on the Magistrates' belief of that evidence; and it is an omission which has not in fact occasioned failure of justice. It is not a case of a direct contravention of some provisions as to the mode of trial like that referred to in Subrahmania Ayyar v. King-Emperor (1901) I.L.R. 25 Mad. 61 : s.c. 3 Bom.
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