How is the Trial of persons previously convicted of offences against coinage, stamp-law or property? What is the Procedure when Magistrate cannot pass sentence sufficiently severe? Section 324 and 325 of Code of Criminal Procedure 1973

Trial of persons previously convicted of offences against coinage, stamp-law or property Procedure when Magistrate cannot pass sentence sufficiently severe are defined under Section 324 and 325 of CRPC 1973. Provision under these sections are:

Section 324 of CRPC "Trial of persons previously convicted of offences against coinage, stamp-law or property"

(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.

Section 325 of CRPC "Procedure when Magistrate cannot pass sentence sufficiently severe"

(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.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 320 of Code of Criminal Procedure 1973 - What are the compoundable offences under CRPC 320, which are compoundable with out the permission of the court? Offences under Section 298, 323, 334, 341, 342, 352, 355, 358, 426, 427, 447, 448, 491, 497, 498, 500, 501, 502, 504, 506, 508 of Indian Penal Code

Offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table. Section 320 of Code of Criminal Procedure 1973

What is Withdrawal from prosecution? Section 321 of Code of Criminal Procedure 1973

What is the Procedure in cases which Magistrate cannot dispose of? What is the Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed? Section 322 and 323 of Code of Criminal Procedure 1973

How is the Trial of persons previously convicted of offences against coinage, stamp-law or property? What is the Procedure when Magistrate cannot pass sentence sufficiently severe? Section 324 and 325 of Code of Criminal Procedure 1973

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. Court to be open. Section 326 and 327 of Code of Criminal Procedure 1973

 

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