349. Procedure when Magistrate cannot pass sentence sufficiently severe.(1) Whenever a
Magistrate of the second or third class, having jurisdiction, 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 that he ought to be
required to execute a bond under section 106, he may record the opinion and submit his proceedings, and
forward the accused, 1[to a Magistrate of the first class specially empowered in this behalf by the Provincial
Government] to whom he is subordinate.
2[(1A) When more accused than one are being tried together and the Magistrate considers it necessary
to proceed under subsection (1) in regard to any of such accused, he shall forward all the accused who are
in his opinion guilty to the 1[Magistrate empowered under subsection (1).]
(2) The 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:
Provided that he shall not inflict a punishment more severe than he is empowered to inflict under
sections 32 and 33.
3[350. Conviction an evidence partly recorded by one presiding officer and partly by another.(1)
Whenever any Sessions Judge or Magistrate, after having heard and recorded the whole or any part of the
evidence in an inquiry or a trial, ceases to exercise Jurisdiction therein, and is succeeded by another Sessions
Judge or Magistrate who has and who exercises such jurisdiction, the Sessions Judge or Magistrate so
succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor
and partly recorded by himself; or he may reexamine the witnesses and recommence the inquiry or trial :
Provided that—
(a) Where the conviction was held before a Sessions Judge, the High Court; and
(b) where the conviction was held before a Magistrate, the High Court or the Court of Session,
may, whether there be an appeal or not, set aside any conviction passed on evidence not wholly
recorded by the Sessions Judge or Magistrate before whom the conviction was held, if such Court is of
opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial.]
(2) Nothing in this section applies to cases in which proceedings have been stayed under section 346
4[or in which proceedings have been submitted to a 5[Magistrate specially empowered] under section 349].
4[(3) When a case is transferred under the provisions of this Code from one Magistrate to another, the
former shall be deemed to cease to exercise jurisdiction therein and to be succeeded by the latter within the
meaning of subsection (1).]
1 Subs. by Ord. 12 of 1972, s.2 & sch.
2 Subsection (1A) ins. by Act 18 of 1923, s.93.
3 Section 350 (1) which was previously amended by Ordinance 12 of 1972, s.2 and Sch., have been subs. by th Code of Criminal Procedure (Second Amendment) Ordinance, 1980 (8 of 1980), s.2, to
read as above.
4 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.94.
5 Subs. by Ord. 12 of 1972, s. 2 and Sch.
1[350A. Changes in constitution of Benches. No order or judgment of a Bench of Magistrates shall be invalid
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