CrPC Section 325
Section 325 of the Criminal Procedure Code (CrPC) of India deals with situations where a Magistrate, after trying a case, believes that the accused deserves a more severe punishment than what the Magistrate is empowered to impose.
🔹 CrPC Section 325 – Summary
Title: Procedure when Magistrate cannot pass sentence sufficiently severe.
Key Points:
Applicability:
This section applies when a Magistrate of the second class, or any Magistrate not empowered to pass a particular sentence, concludes that the accused deserves a more severe punishment than what they can impose.
Procedure:
The Magistrate must submit the case to the Chief Judicial Magistrate (CJM) along with:
The proceedings,
A report explaining their opinion and reasons.
The accused may be bound over (i.e., required to appear before the CJM).
Role of Chief Judicial Magistrate (CJM):
The CJM may then:
Examine the case,
Call for more evidence if necessary,
Pass any sentence authorized by law, as if they had tried the case themselves.
🔸 Example Scenario:
A Second Class Magistrate finds a person guilty of an offence punishable with 10 years imprisonment, but they are only empowered to award up to 1 year. In that case, under Section 325, the Magistrate sends the case to the CJM for appropriate sentencing.
🔹 Legal Reference:
Here’s the bare text of Section 325(1) CrPC (simplified):
If in any case a Magistrate, after hearing the evidence, believes the accused deserves a punishment more severe than they can impose, they shall forward the case and the accused to the Chief Judicial Magistrate for sentencing.
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