(1) Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860), with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted.
(2) When any person is sent for trial to the Chief Judicial Magistrate or
committed to the Court of Session under sub-section (1), any other person
accused jointly with him in the same inquiry or trial shall be similarly sent or
committed, unless the Magistrate discharges such other person under section 239
or section 245, as the case may be.
Code of Criminal Procedure (CrPC)
321 CrPC Withdrawal from prosecution
322 CrPC Procedure in cases which Magistrate cannot dispose of
324 CrPC Trial of persons previously convicted of offences against coinage, stamp-law or property
325 CrPC Procedure when Magistrate cannot pass sentence sufficiently severe
328 CrPC Procedure in case of accused being lunatic
329 CrPC Procedure in case of person of unsound mind tried before Court
330 CrPC Release of person of unsound mind pending investigation or trial