CrPC Section 325 — Procedure when Magistrate cannot pass sentence sufficiently severe

Summary

Sub-section (1) applies when, after hearing the prosecution’s and accused’s evidence, a Magistrate considers the accused guilty and believes the appropriate punishment is of a different kind from, or more severe than, the punishment the Magistrate can impose. It also applies when a second-class Magistrate believes the accused should be required to provide a bond under section 106. In either situation, the Magistrate may record this view, submit the proceedings and forward the accused to the Chief Judicial Magistrate to whom the Magistrate is subordinate.

Sub-section (2) applies when more than one accused are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) for any of them. The Magistrate must forward to the Chief Judicial Magistrate all the accused whom the Magistrate considers guilty.

Sub-section (3) allows the Chief Judicial Magistrate receiving the proceedings to examine the parties, recall and examine a witness who has already given evidence, and call for and take further evidence, if the Chief Judicial Magistrate thinks fit. The Chief Judicial Magistrate must then pass the judgment, sentence or order considered fit and according to law.

Official 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 is according to law.

Sections referred to

• CrPC §106 — Security for keeping the peace on conviction

Referred to by

• CrPC §248 — Acquittal or conviction
• CrPC §255 — Acquittal or conviction
• CrPC §326 — Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
• CrPC §374 — Appeals from convictions
• CrPC §461 — Irregularities which vitiate proceedings

Related Judgments

• Subhash Samudayik Sahakari Shetki Sangh; Ltd., Manjari (Bk.); (Ori.Com vs Shri. Shivaji Jaywant Kalbhor and anr — Bombay High Court (Mumbai Principal Seat) (2016)
• SHANKAR KERBA JADHAV & ORS. vs STATE OF MAHARASHTRA — Supreme Court of India (1969)
• NUPUR TALWAR vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2012)
• PANKAJBHAL NAGJIBHAI PATEL vs THE STATE OF GUJARAT AND ANR — Supreme Court of India (2001)
• R. MOHAN vs A.K. VIJAYA KUMAR — Supreme Court of India (2012)
• NABI BUX & ORS. vs STATE OF MADHYA PRADESH — Supreme Court of India (1971)

Old <-> New Code Mapping

• BNSS §364 — Procedure when Magistrate cannot pass sentence sufficiently severe