Criminal Procedure Code · Updated to 1 May 2023 · Chapter XIX · Summary Trials by Magistrates
177A. Transmission of case to, and trial by, the High Court
Feedback & supportA prosecution in respect of an offence which is to be tried by the High Court in accordance with Chapter XX, shall not be instituted except by or with the consent of the Public Prosecutor:
offence
“offence” means any act or omission made punishable by any law for the time being in force;
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Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
In any prosecution pursuant to subsection (1), the accused shall be produced before the Magistrate’s Court which shall, after the charge has been explained to him, transmit the case to the High Court and cause the accused to appear or be brought before that Court as soon as may be practicable:
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
Provided that when the accused is brought before the
Magistrate’s Court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead thereto.
When the accused appears or is brought before the High Court in accordance with subsection (2), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under