Mention the procedure to be followed by a High Court when an offence is tried by it.

Question: Mention the procedure to be followed by a High Court when an offence is tried by it.

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Answer

The High Court is the highest court of a state. A trial is a very important stage in a criminal case. Section 474 in Chapter XXXVI of the Code of Criminal Provision relates to the procedure followed in trials before High Court. The provision says that:

“When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case.”

This provision declares that where a High Court itself tries any offence which has not come to it by way of transfer under clause (iv) of sub-section (1) of section 407, the same procedure is required to be followed by the Court of Session in trying an offence should be observed by the High Court.

The cases contemplated under this section probably are those in which important question of law or interpretation of any article of the Constitution is involved or those which may be specifically required by the Government to be tried by it, having regard to its importance and widespread ramification.

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