Section 334 of Criminal Procedure Code CAP 75: Warrant for levy of fine, etc.
(1) When a court orders money to be paid by an accused person or by aprosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and immovable property of the person ordered to pay it by distress and sale under warrant; but if he shows sufficient movable property to satisfy the order his immovable property shall not be sold.
(2) The person may pay or tender to the officer having the execution of thewarrant the sum therein mentioned together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon the officer shall cease to execute it.
(3) A warrant under this section may be executed within the local limits ofthe jurisdiction of the court issuing it, and it shall authorize the distress and sale of property belonging to the person without those limits when endorsed by a magistrate holding a subordinate court of the first or second class within the local limits of whose jurisdiction the property was found.
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- Section 335 - Objections to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole or part of property attached in execution of a warrant issued under section 334 may, at any time prior...
- Section 336 - Suspension of execution of sentence of imprisonment in default of fine
(1) When a convicted person has been sentenced to a fine only and to imprisonment in default of payment of a fine, and whether or not a warrant of distress has been issued under section 334, the court...
- Section 337 - Commitment for want of distress
If the officer having the execution of a warrant of distress reports that he could find no property or not sufficient property whereon to levy the money mentioned in the warrant with expenses, the...
- Section 338 - Commitment in lieu of distress
When it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family, or (by his confession or otherwise) that he has no property...
- Section 339 - Payment in full after commitment
A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorized (if any), to the person in whose custody he is, and that person shall...
- Section 340 - Part payment after commitment
(1) If a person who is confined in prison for non-payment of a sum adjudgedby a court in its criminal jurisdiction to be paid under this Code or under any other Act pays a sum in part satisfaction of...
- Section 341 - Who may issue warrant
A warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office.
- Section 342 - Limitation of imprisonment for non-payment of fine, etc.
No commitment for non-payment shall be for a longer period than six months, unless the law under which the conviction has taken place enjoins or allows a longer period.
- Section 343 - Person twice convicted may be subject to police supervision
(1) When a person, having been convicted of an offence punishable withimprisonment for a term of three years or more is again convicted of an offence punishable with imprisonment for a similar term or...
- Section 344 - Requirements from persons subject to police supervision
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- Section 347 - Appeal to High Court
(1) Save as is in this Part provided—
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- Section 348 - No appeal on plea of guilty, nor in petty cases
No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.
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- Section 349 - Limitation of time of appeal
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
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- Section 350 - Petition of appeal
(1) An appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall (unless the High Court otherwise directs) be accompanied by a copy...
- Section 351 - Appellant in prison
If the appellant is in prison, he may present his petition of appeal and the copies accompanying it to the officer in charge of the prison, who shall thereupon forward the petition and copies to the...
- Section 352 - Summary rejection of appeal
(1) When the High Court has received the petition and copy under section 350, a judge shall peruse them, and, if he considers that there is no sufficient ground for interfering, may, notwithstanding...
- Section 352A - Summary allowance of appeal
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- Section 353 - Notice of time and place of hearing
If the High Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the respondent or his advocate, of the time and place at which the...
- Section 354 - Powers of High Court
(1) At the hearing of the appeal the appellant or his advocate may address the court in support of the particulars set out in the petition of appeal and the respondent or his advocate may then address...
- Section 355 - Order of the High Court to be certified to lower court
(1) When a case is decided on appeal by the High Court, it shall certify itsjudgment or order to the court by which the conviction, sentence or order appealed against was recorded or passed.
(2) The...
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- Section 357 - Admission to bail or suspension of sentence pending appeal
(1) After the entering of an appeal by a person entitled to appeal, the High Court, or the subordinate court which convicted or sentenced that person, may order that he be released on bail with or...
- Section 358 - Power to take further evidence
(1) In dealing with an appeal from a subordinate court, the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it...
- Section 359 - Number of judges on an appeal
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- Section 360 - Abatement of appeals
Every appeal from a subordinate court (except an appeal from a sentence of a fine) shall finally abate on the death of the appellant.
- Section 361 - Second appeals
(1) A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction on a matter of law, and the Court of Appeal...
- Section 362 - Power of High Court to call for records
The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any...
- Section 363 - Subordinate court may call for records of inferior court
(1) A subordinate court of the first class may call for and examine the recordof any criminal proceedings of a subordinate court of a lower class than it and established within its local limits of...
- Section 364 - Powers of High Court on revision
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- Section 365 - Discretion of court as to hearing parties
No party has a right to be heard either personally or by an advocate before the High Court when exercising its powers of revision:
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Provided that when the court is...
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- Section 379A - Appeal to the Court of Appeal on High Court's original jurisdiction
In proceedings under section 203 or 296 (2) of the Penal Code, the Prevention of Terrorism Act, the Narcotic Drugs and Psychotropic Substances (Control) Act, the Prevention of Organized Crimes Act,...
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No finding, sentence or order of a criminal court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed took place in a...
- Section 382 - Finding or sentence when reversible by reason of error or omission incharge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of an error,...
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No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of a defect or want of form in the summons, conviction, warrant of distress...
- Section 384 - Statements irregularly taken under section 246
(1) If a court before whom a statement of a person recorded or purporting to be recorded under section 246 of this Code is tendered or has been received in evidence finds that any provision of that...
- Section 385 - Magistrates empowered to hold inquests
A magistrate empowered to hold a subordinate court of the first, or second class, and a magistrate specially empowered in that behalf by the Chief Justice, shall be empowered to hold inquests.
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- Section 390 - Persons before whom affidavits may be sworn
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- Section 391 - Shorthand notes of proceedings
Shorthand notes may be taken of the proceedings at the trial of a person before the High Court or a subordinate court, and a transcript of those notes shall be made if the court so directs, and the...