Procedure when Magistrate can not pass sentence sufficiently severe
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Summary
When a magistrate finds an accused guilty but cannot award a different or more severe punishment within his powers, he records that view and forwards the proceedings and the accused to the Chief Judicial Magistrate. If several accused are tried together and any must be sent up, he must forward all those he considers guilty. The Chief Judicial Magistrate may re-examine parties and witnesses, take further evidence, and then pass the proper judgment or sentence.
Example
Ravi is convicted by a magistrate for theft, but the magistrate thinks the offence merits a harsher sentence than he can impose. He records his opinion and forwards the case and Ravi to the Chief Judicial Magistrate. The Chief Judicial Magistrate recalls a witness, hears further evidence and then passes the appropriate sentence.
Bare Act
Enacted text(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.
(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under Sub-Section (1) in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law.
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