(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.
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