Multiple choice

Whenever a magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty, and that he ought to receive a severe punishment, then such magistrate is empowered to inflict. To whom may the magistrate forward the case?

  1. Sessions Judge

  2. Chief Judicial Magistrate

  3. District Magistrate

  4. Concerned police station

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: A magistrate cannot forward the case directly to the Sessions Court. Option (2) is correct: Under Section 325 of the Code of Criminal Procedure, 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 or more severe than that which such magistrate is empowered to inflict, he may record the opinion and submit his proceedings, and forward the accused to the Chief Judicial Magistrate to whom he is subordinate.

Option (3) is incorrect: No such provision to forward the case to the District Magistrate. Option (4) is incorrect: Trial is the procedure of the court. The concerned police station does not fall under authority to run a case after submission of FIR.