(1) The judge himself
or herself shall do the following acts, out of the acts to be done by
the court pursuant to this Act:
(a) Taking and recording a statement or deposition of the
accused or of a witness,
(b) Taking an oath of a witness,
(c) Issuing order for remanding in custody or on bail/bond
or guarantee,
(d) Executing a memorandum of orders on matters to be
decided in the case,
(e) Issuing an order for the examination of evidence,
(f) Issuing an interim or interlocutory order,
(g) Hearing of the case,
(g) Holding preliminary and pre-trial discussion in the case,
(i) Issuing any other kind of order as required,
(j) Passing a judgment or final order.
(2) Notwithstanding anything contained in sub-section (1),
the following matters may be carried out as follows:
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(a) An employee in the court whose rank is at least nongazette
first class may record the evidence or deposition
of a witness, at the direction of the judge.
(b) In the absence of the judge, the senior-most employee
out of the employees present in the court may make an
order pursuant to Chapter 6 in respect of taking
depositions of the accused or remanding him or her in
custody or taking a bail/bond or guarantee from him or
her.
Provided that the order made pursuant to this
clause shall be submitted to the judge immediately
when the judge attends the court, and the judge may,
upon examining it, uphold, void or amend that order.
(3) The acts other than those contained in sub-section (1) or
(2) may be done by any employee subordinate to the judge, at the
direction or on the order of the latter.