• 06 September, 2025
What Are You Looking For?
Logo

© Copyright 2025 Vidhoon. All Rights Reserved.

Code of Criminal Procedure

  • 13 May, 2024

  • 1222 Views

PROCEDURE WHEN MAGISTRATE CANNOT PASS SENTENCE SUFFICIENTLY SEVERE (SECTION 325)

PROCEDURE WHEN MAGISTRATE CANNOT PASS SENTENCE SUFFICIENTLY SEVERE (SECTION 325)

As per Section 325 of the Code of Criminal Procedure (CrPC), which outlines the procedure for a Magistrate to forward a case to a higher court, specifically the Chief Judicial Magistrate (CJM), when:

  • The accused is found guilty and deserves a punishment different in kind or more severe than what the Magistrate can inflict.
  • A Magistrate of the second class directs the accused to execute a bond under Section 106.

In such cases, the Magistrate must record their opinion in writing and forward the case to the CJM, who can then:

  • Call and examine witnesses already examined
  • Take new evidence
  • Pass a judgment, sentence, or order

The Magistrate cannot directly commit the case to the Court of Sessions. Instead, they must follow the procedure outlined in Section 325, which involves forwarding the case to the CJM for appropriate action. This ensures a fair trial and appropriate punishment for the accused, if convicted.

CONCLUSION
This provision ensures that cases are dealt with fairly and that the accused receive appropriate punishment, if convicted, even if the Magistrate does not have the power to impose the desired punishment.

 

 

Share:
Twitter Facebook WhatsApp LinkedIn
Latest Articles
Recommended Articles

  • Limitation Period for Appeal

  • Transfer of Criminal Cases (Section 406 – 412): Power of High Courts and Supreme Court

  • Trial of Warrant Cases by Magistrate

  • Execution of sentences Provisions under Criminal Procedure Code

  • When Can a Court Quash a Case ? Understanding the Legal Framework(Inherent Power) [Section 482]

  • Irregular Proceedings: A Ground for Quashing a Criminal Case?

  • CRPC Reference: A Legal Remedy for Errors in Criminal Trials[SECTION 395-396]

  • Tender of Pardon: How Accomplices Can Get a Second Chance (SECTION 307- 309)

  • Revision under CRPC: A Guide to Challenging Criminal Judgments [SECTION 395-396]

  • DIFFRENCE BETWEEN REFERENCE AND REVISION

  • DIFFERENCE BETWEEN APPELLATE AND REVISIONAL JURISDICTION

  • CRPC Sections 362-365: The Legal Framework for Judgement