CrPC Section 283
Certainly! Here's a clear and accurate explanation of Section 283 of the Code of Criminal Procedure (CrPC), 1973 (India):
⚖️ Section 283 – Record in cases where Judge or Magistrate is unavoidably prevented from completing the trial
🔹 What the Section Says:
When a Judge or Magistrate who has heard all or part of the evidence in a trial is unavoidably prevented from completing the trial:
A successor Judge or Magistrate may:
Act on the evidence recorded by the predecessor, or
Resummon witnesses if necessary in the interest of justice.
🔸 Purpose:
To ensure that a trial does not need to start over just because the original Judge or Magistrate is no longer available (due to transfer, retirement, illness, etc.).
This provision maintains the continuity of proceedings and avoids unnecessary delays.
✅ Key Points:
| Feature | Explanation |
|---|---|
| Applies when | Trial judge is unable to continue (e.g. transfer, death, etc.) |
| Successor can | Use earlier recorded evidence |
| Optional | Resummon witnesses if justice demands |
| Aim | Avoid delay and ensure fairness |
📝 Example:
Suppose a Magistrate has recorded the statements of witnesses in a theft case but is transferred before the trial concludes. The new Magistrate can proceed from where the case was left, using the recorded evidence — unless it’s necessary to call the witnesses again for fairness.
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