261. It may happen that a sentence appropriate for the offence is one which the presiding officer is not empowered to pass. The presiding officer may also lack power to deal with the offenders under Section 562 or 565 of the Code. In such a case he should refrain from passing a sentence which though within his powers is altogether inappropriate in relation to the facts of the Case. Provisions are made in the Code to meet all such contingencies (e.g., Section 349) and the procedure laid down therein should be carefully followed. Similarly, when a Magistrate of the first class is of opinion that an offender, owing to previous convictions or other circumstances, deserves a severer sentence than he can impose, he should report the case to the District Magistrate to have it transferred to a Magistrate empowered under Section 30 of the Code.
