Section 364 of BNSS : Section 364: Procedure when Magistrate can not pass sentence sufficiently severe.

Explanation using Example

Example 1:

Scenario: A Magistrate of the second class is presiding over a case where an individual, Rajesh, is accused of serious assault.

Details:

• After hearing the evidence from both the prosecution and the defense, the Magistrate concludes that Rajesh is guilty.
• The Magistrate believes that the severity of the assault warrants a punishment more severe than what he is authorized to impose.
• The Magistrate records his opinion and submits the case proceedings, along with Rajesh, to the Chief Judicial Magistrate.

Outcome:

• The Chief Judicial Magistrate reviews the case, examines the parties involved, and may recall witnesses if necessary.
• After considering all the evidence, the Chief Judicial Magistrate decides on an appropriate sentence, which could be more severe than what the second-class Magistrate could impose.

Example 2:

Scenario: A Magistrate of the second class is handling a case involving multiple accused individuals, including Suresh and Ramesh, who are charged with theft.

Details:

• During the trial, the Magistrate finds sufficient evidence to believe that both Suresh and Ramesh are guilty.
• The Magistrate feels that the punishment required for Suresh is beyond his authority to impose.
• He records his opinion and forwards the proceedings, along with both Suresh and Ramesh, to the Chief Judicial Magistrate.

**Outcom...

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