Section 40:
Power of Court to commit for trial and to bind over witnesses.
Whenever, in the
course of an investigation under this Chapter, it appears to the Court making the investigation
that any person has committed, within 1[the territories to which this Act extends], an offence
punishable under any law in force in 1[such territories] the Court making the investigation may
(subject to such rules consistent with this Act as the High Court may, from time to time, make in
this behalf)--
(a) cause such person to be arrested;
(b) commit him or hold him to bail to take his trial before the proper Court;
(c) bind over any other person to. give evidence at such trial; and
(d) exercise, for the purposes of this section, all the powers of a Magistrate of the first class or of
a Presidency Magistrate.
Notes:
1. Subs. by the A.O. 1950, for the "Provinces".