Clause 43

Any Magistrate’s Court or District Court acting in summary jurisdiction in any criminal cause or matter may, on the written application of any party to the proceedings made to the court within ten days from the time of the judgment, sentence or order passed or made therein, or without any such application, if the court thinks fit, reserve for the consideration of the High Court any question or questions of law arising in such proceedings setting out shortly the facts on which the law is being applied and the questions of law to be determined thereon.Schedule B(2) Every question of law so reserved shall be submitted to the High Court in the shape of a special case in the form in Schedule B.(3) If the court is of the opinion that any application made is frivolous but not otherwise, it may refuse to state a case and shall on request of the applicant sign and deliver to him a certificate of such refusal:Provided that the court shall not refuse to state a case where the application is made by the Public Prosecutor.(4) Where a court refuses to state a case under the provisions of subsection (3) of this section it shall be lawful for the applicant to apply to the High Court for an order of mandamus and if the High Court makes the order the court shall state the case accordingly.(5) Every such special case shall be drawn up by the Magistrate or District Judge of the court before which the proceedings are held and shall —

set out shortly the facts which are considered by the Magistrate or District Judge to be proved;

state the question or questions of law which is or have been reserved for the opinion of the High Court; and

be sent by the Magistrate or the District Judge to the Registrar.(6) The Registrar on receiving a special case shall send a copy thereof to every party to the proceedings and to the Public Prosecutor if he is not a party and shall have the case set down for argument in such manner as to the High Court seems fit.Determination and order thereon307.—

The High Court shall hear and determine the question or questions of law arising on such special case and shall thereupon affirm, amend or reverse the determination in respect of which the special case has been stated or remit the matter to the Magistrate or District Judge with the opinion of the court thereon or may make such order in relation to the matter as to the court seems fit.(2) No Magistrate or District Judge who states and delivers a special case in pursuance of this Code shall be liable to any costs in respect thereto.Point reserved for Federal Court308.—

When any person has in a trial before a Judge of the High Court acting in the exercise of its original criminal jurisdiction been convicted of an offence, the Judge, if he thinks fit, may reserve for the decision of the Federal Court any question of law which has arisen in the course of the trial of such person and the determination of which would affect the event of the trial.(2) If the Judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to prison or, if the Judge thinks fit, be admitted to bail and the Federal Court may review the case or such part of it as is necessary and finally determine such question and thereupon may alter the sentence passed and pass such sentence or give or make such judgment or order as the Federal Court thinks fit.(3) When any person has in a trial before a Judge of the High Court acting in the exercise of its original criminal jurisdiction been convicted of an offence and the Attorney-General is of opinion that any point or points of law arising on such trial which has or have not been reserved under this section ought to be further considered, he may certify accordingly under his hand and thereupon the Federal Court may review the case or such part of it as is necessary and finally determine such point or points and thereupon may alter the sentence passed and pass such judgment and sentence as the Federal Court thinks fit in like manner as though such point or points had been reserved under subsection (1) of this section.(4) Questions of law under this section shall be heard before three or more Judges and shall be decided in accordance with the opinion of the majority of the Judges composing the Court, and if there is no such majority in accordance with the opinion of the Chief Justice or presiding Judge.”.