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Criminal Procedure Code, 1973 (2 of 1974), Section 228 - “presuming” - Section 228 opens with the words, “If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence”, - Trial court may frame a charge and try him in terms of section 228(1)(a) and if exclusively triable by the Court of Session, commit the same to the Court of Session in terms of Section 228(1)(b) - Why the legislature has used the word “presuming” is a matter which requires serious deliberation - It is a settled rule of interpretation that the legislature does not use any expression purposelessly and without any object - Furthermore, in terms of doctrine of plain interpretation, every word should be given its ordinary meaning unless context to the contrary is specifically stipulated in the relevant provision.
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