CrPC Section 326
Section 326 of the Criminal Procedure Code (CrPC), 1973 of India pertains to the procedure to be followed when a judge or magistrate is succeeded by another in a criminal trial or inquiry.
Here is the text and explanation of the section:
Section 326 - Conviction or Commitment on Evidence partly recorded by one Magistrate and partly by another
(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction and is succeeded by another Judge or Magistrate who has and exercises such jurisdiction, the succeeding Judge or Magistrate may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself.
(2) The succeeding Judge or Magistrate may, if he thinks fit, re-summon the witnesses and recommence the inquiry or trial.
(3) Where a case is transferred under the provisions of this Code from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of this section.
Explanation:
This section provides continuity in trials even if the presiding judge or magistrate is changed during the proceedings.
The new judge/magistrate can proceed using the evidence already recorded, avoiding the need to start over.
However, if the new presiding officer feels that re-examining witnesses is necessary, they are empowered to do so.
It prevents delays and ensures procedural efficiency.
Important Case Laws:
State v. Malkiat Singh (AIR 1991 SC 2213): Reaffirmed that succeeding Magistrate can proceed with the evidence recorded by predecessor under Section 326.
Ravi Kumar v. State of Karnataka (2022): Supreme Court emphasized that the accused has the right to recall witnesses if prejudice is caused due to change in Magistrate.
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