Section 348(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal-Code with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either if those Chapters with imprisonment for a term of three years or upwards, shall, if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for committing the accused be committed to the Court of Session or High Court, as the case may be, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted[xxxx] [Proviso to sub-section (1) and the words in sub-section (2) omitted by Act XXXVII of 1978, Section 50.].
