Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Magistrate referral power: forward accused to a superior magistrate when prescribed punishment exceeds local authority. If a Magistrate finds an accused guilty but believes the proper punishment is of a different kind or more severe than he may impose, or that a bond under section 125 is required, he must record that opinion and forward the proceedings and accused to a superior magistrate; where multiple accused are tried together, all those the Magistrate deems guilty may be forwarded. The superior magistrate may re-examine parties and witnesses, call further evidence, and pass such judgment, sentence or order as is according to law.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Magistrate referral power: forward accused to a superior magistrate when prescribed punishment exceeds local authority.
If a Magistrate finds an accused guilty but believes the proper punishment is of a different kind or more severe than he may impose, or that a bond under section 125 is required, he must record that opinion and forward the proceedings and accused to a superior magistrate; where multiple accused are tried together, all those the Magistrate deems guilty may be forwarded. The superior magistrate may re-examine parties and witnesses, call further evidence, and pass such judgment, sentence or order as is according to law.
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