487. Certain Judges and Magistrates not to try offences referred to in section 195 when committed
before themselves.(1) Except as provided in sections 1[476,] 2* 480 and 485, no Judge of a Criminal Court
or Magistrate, other than a Judge of a High Court 3* * *, shall try any person for any offence referred to in
section 195, when such offence is committed before himself or in contempt4 of his authority, or is brought
under his notice as such Judge or Magistrate in the course of a judicial proceeding.
5
* * * * *
[CHAPTER XXXVI._ [ of the Maintenance of Wives and Children.] Omitted by Federal Laws
(Revision and Declaration) Ordinance, 1981( XXVII of 1981), s. 2 and second schedule.
6
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CHAPTER XXXVII
DIRECTIONS OF THE NATURE OF A Habeas Corpus
491. Power to issue directions of the nature of a habeas carpus.(1) 7[Any High Court] may,
whenever it thinks fit, direct
(a) that a person within the limits of its 8[appellate criminal jurisdiction] be brought up before the
Court to be dealt with according to law;
(b) that a person illegally or improperly detained in public or private custody within such limits be
set at liberty ;
(c) that a prisoner detained in any jail situate within such limits be brought before the Court to be
there examined as a witness in any matter pending or to be inquired into in such Court;
(d) that a prisoner detained as aforesaid be brought before a Courtmartial or any Commissioners 9*
* * for trial or to be examined touching any matter pending before such Courtmartial or
Commissioners respectively ;
(e) that a prisoner within such limits be removed from one custody to another for the purpose of
trial; and
(f) that the body of a defendant within such limits be brought in on the Sheriff's return of Cepi
Corpus to a writ of attachment.
1 Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
2 The figures “477” rep. by the Code of Criminal Procedure (Amdt.)��Act, 1923 (18 of 1923), s. 130.
3 The words “and the Recorder of Rangoon” rep. by the Lower Burma Courts Act, 1900 (6 of 1900).
4 As to trials for contempt of authority of a Criminal Court or Magistrate in Baluchistan, see the British Baluchistan Criminal Justice Regulation, 1896 (8 of 1896), Sch., Art. 16.
5 Subsection (2) omitted by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch.
6 This chapter containing sections 488490 have been amended previously by various enactments.
7 Subs. by the Criminal Law Amendement Act, 1923 (12 of 1923), s. 30, for “Any of the High Courts of a Judicature at Fort William, Madras and Bombay”.
8 Subs. ibid., for “ordinary original civil jurisdiction”.
9 The words “acting under the authority of any commission from the G.G in C.” rep. by A.O., 1937.
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