Legal Provisions of Section 325 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Procedure when Magistrate cannot pass sentence sufficiently severe:
This section applies when the Magistrate finds that the circumstances demand the imposition of a higher sentence than what he can impose on the accused, he would send the case to the Chief Judicial Magistrate for higher punishment.
ADVERTISEMENTS:
However, he can invoke the provisions of Section 325 only after hearing the evidence for the prosecution and the accused and after forming an opinion that the accused is guilty of the offence.
If the Magistrate opines that the case before him ought to be tried by the Sessions Court, for reasons other than the inability of the Magistrate to award adequate sentence, he may commit the accused to the Sessions Court under Section 323 of the Code.
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The Chief Judicial Magistrate, to whom the Magistrate subordinate to him has submitted the case for higher punishment or a punishment different in kind than he can inflict, may commit the case to the Court of Session if he thinks it fit.
ADVERTISEMENTS:
Section 325 further provides that if the subordinate Magistrate is of the opinion that the accused ought to be required to execute a bond under Section 106, he may record the opinion and submit the proceedings, and forward accused to the Chief Judicial Magistrate to whom he is subordinate.
The opinion of the referring Magistrate that the accused is guilty and deserves a severe punishment is not binding on the Chief Judicial Magistrate. He may consider whether the evidence is worthy of belief or not and make his own judgment and pass sentence or discharge or acquit die accused accordingly.