State the procedure when a Magistrate cannot pass a sentence sufficiently severe.

Question: State the procedure when a Magistrate cannot pass a sentence sufficiently severe.

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Answer

In most of the cases, the highest penalty provided for the offence is not the appropriate sentence to be awarded for the offence. Experience has shown that the Magistrates are able to pass adequate sentences in respect of most of such offences. This means, that the trial work in respect of such offences which would otherwise have gone to the Sessions Court is conveniently disposed of at a lower level and thereby the burden of the Sessions Court is considerably reduced.

The Criminal Procedure Code, however, has taken care to make provisions for such cases where the Magistrate considers that the sentence he is authorized to pass may not be appropriate or adequate. Section 325 of the code lays down the Procedure when Magistrate cannot pass a sentence sufficiently severe. It runs down as follows:

Procedure when Magistrate cannot pass sentence sufficiently severe:

• “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.
• 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.
• 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 as is according to law.”

This section contemplates that when a Magistrate having jurisdiction over the offence under trial finds the accused guilty of that offence but considers that he is not competent to pass punishment of an appropriate description or sufficiently severe to meet the ends of justice, he should submit the entire proceedings for the orders of the Chief Judicial Magistrate to whom he may be subordinate. Along with the proceedings of the subordinate Magistrate, the accused must be forwarded to be dealt with finally by the superior Magistrate.

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