Section 116: Matters excluded from summary jurisdiction
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
116. Matters excluded from summary jurisdiction
A District Magistrate shall have no jurisdiction to convict, but shall proceed to hold a preliminary inquiry and, if necessary, to commit for trial in accordance with the law relating to preliminary inquiries and commitment for
trial if an accused is charged with any of the following offences—
(a) offences under sections 50 to 79, 82, 83, 86, 88 to 91,
100 (1), 101, 102, 104, 122 to 124, 215 to 223, 228 (3) and
(4), 234, 235, 236 (1) and (2), 239 (1), 249 (1) and (4), 251,
257, 259, 276 to 281 (where the offence is committed before
the Supreme Court), 283, 284, 291, 346 and 347 of the Criminal Code;
(b) attempts at or complicity in offences excepted from the jurisdiction of the Magistrate;
(c) offences which, under any other enactment, are punishable by
death or penal servitude for life, or are excluded from the jurisdiction of the Magistrate.
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Questions this section answers
- Which offences can a District Magistrate not convict me of and must instead hold a preliminary inquiry?