Procedure where Court considers that case should not be dealt with under section 345
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Summary
When a court thinks an accused of a minor offence should face imprisonment (other than only for default of paying a fine), or that a fine over Rs 200 is appropriate, or for any other reason the case should not be disposed of summarily, it records the facts and the accused's statement and may forward the case to the magistrate who can try it. The sending court can require security for the accused's appearance or, if no security is given, forward the accused in custody. The magistrate will then deal with the case as if it began on a police report.
Example
Priya is accused of a minor theft in the court's presence. The court thinks imprisonment, not just a default fine, is appropriate, so after recording the facts and Priya's statement it forwards the case to the Magistrate and asks for security for her appearance. When no security is provided, it sends her in custody to the Magistrate, who will try the case as if 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 345 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 345 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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