Procedure where Court considers that case should not be dealt with under section 384
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Summary
If a court thinks the accused present before it deserves imprisonment (not merely imprisonment for default of a fine), or a fine exceeding Rs.200, or for any other reason the case should not be disposed of there, it may record the facts and the accused's statement and forward the case to a Magistrate with jurisdiction. The court can require security for the accused's appearance; if none is given, it will send the accused in custody. The Magistrate then proceeds as if the case began on a police report.
Example
Ravi is caught shoplifting and brought before a local court. The court decides the offence likely needs jail or a fine over Rs.200, so after recording the facts and Ravi's statement it forwards the case to the Magistrate. The court asks for security for Ravi's appearance; when none is given, it sends him in custody. The Magistrate then proceeds as if the case began on a police report.
Bare Act
Enacted text(1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
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