(1) Save as otherwise expressly provided by this Act, a competent authority while holding any inquiry under any of the provisions of this Act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the Code of Criminal Procedure, 1973 (2 of 1974) for trials in summons cases.
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(2) Save as otherwise expressly provided by or under this Act, the procedure to be followed in hearing appeals or revision proceedings under this Act shall be, as far as practicable, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
ADVERTISEMENTS:
Comment:
This section lays down the procedure to be followed in inquiries, appeals and revision under the Act. In these cases, the competent authority, Sessions Court and High Court respectively, shall adopt the same procedure as laid down in the Code of Criminal Procedure, 1973.
In case of inquiry, the competent authority shall follow the same procedure as is adopted in summons case under Cr. P.C.
Sub-section (2) further provides that the procedure to be followed by Court of Session and the High Court for disposal of appeal and revision respectively shall also be the same as contained in chapters 29 and 30 respectively of the Code of Criminal Procedure, 1973.
ADVERTISEMENTS:
The procedure which is followed by Courts in summons cases under Sections 251 to 259 of Cr. P.C. may briefly be stated as follows:—
(i) The substance of accusation is communicated to the accused person;
(ii) His conviction, in case he pleads himself guilty;
(iii) In case he does not plead himself guilty, to take necessary evidence; and
ADVERTISEMENTS:
(iv) To pass an order of conviction or acquittal on the basis of evidence.
The same procedure is followed by the competent authority while holding inquiry against the juvenile or child brought before it.