Section 349 in The Code of Criminal Procedure, 1989 (1933 A. D.)
349. Procedure when Magistrate cannot pass sentence sufficiently severe.
(1)Whenever a [Judicial Magistrate of the second class,] [Substituted by Act XL of 1966.] 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 to the [Chief Judicial Magistrate] [Substituted by Act XL of 1966.] to whom he is subordinate.(1-a) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the [Chief Judicial Magistrate] [Substituted by Act XL of 1966.],(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 ease and may call for and take any further evidence, and shall pass such judgement 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.
