Section 325 CrPC: Magistrate’s Power to Refer Sentence to Higher Court

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Section 325 CrPC: Magistrate’s Power to Refer Sentence to Higher Court

1. Code

Section 325 of the Code of Criminal Procedure (CrPC), 1973

2. Explanation

This section empowers a Magistrate to refer a sentence passed by him or her to a higher court for confirmation. This is done in situations where the Magistrate believes that the sentence may be inappropriate or inadequate, given the nature of the offense and the circumstances of the case.

The Magistrate can refer the sentence for confirmation if the sentence is one of:

  • Imprisonment for a term exceeding two years;
  • Fine exceeding Rs. 1,000;
  • Any other punishment which the Magistrate considers fit to be referred.

The Magistrate must record the reasons for referring the sentence in writing.

3. Illustration

Imagine a Magistrate convicts a person for theft and sentences him to 3 years of imprisonment. However, the Magistrate feels that the sentence might be too lenient given the gravity of the offense and the circumstances of the case. In such a situation, the Magistrate can refer the sentence to a higher court for confirmation.

4. Common Questions and Answers

  • Q: Who has the power to refer a sentence under Section 325 CrPC?

    A: A Magistrate.
  • Q: When can a Magistrate refer a sentence?

    A: When the Magistrate believes the sentence may be inappropriate or inadequate, given the nature of the offense and the circumstances of the case.
  • Q: What are the types of sentences that can be referred?

    A: Imprisonment exceeding 2 years, fine exceeding Rs. 1,000, or any other punishment the Magistrate deems fit.
  • Q: Is there any time limit for referring a sentence?

    A: No, there is no specific time limit mentioned in the law.
  • Q: What happens after a sentence is referred?

    A: The higher court will examine the sentence and either confirm it, modify it, or set it aside.
Also Read  Section 362 CrPC: Court's Power to Alter Judgment - Code of Criminal Procedure
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