Procedure when Magistrate cannot pass sentence sufficiently severe.

What this section does

After hearing prosecution and defence evidence, if a Magistrate finds the accused guilty but considers that the punishment warranted is beyond his sentencing powers, or that a bond under section 125 should be required (in the case of a second-class Magistrate), he shall record his opinion and forward the accused along with proceedings to the Chief Judicial Magistrate. Where multiple accused are being tried together, all those found guilty shall be forwarded. The CJM may examine parties, recall witnesses, take further evidence, and pass such judgment, sentence or order as is fit and lawful.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Magistrate · Chief Judicial Magistrate · Accused

Time limit

None specified

Derived from CrPC s.325.