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Section 23-D confers authority on the very officer who has power to try and
dispose of a case to send it on for trial to a court, and that too only when
he considers that a more severe punishment than what he is authorised to
impose, should be awarded. In a judicial system in which there is a hierarchy
of Courts or Tribunals, presided over by Magistrates or officers belonging to
different classes, and there is a devolution of powers among them graded
according to their class, a provision such as Section 23-D is necessary for
proper administration of justice. While on the one hand a serious offence
should not go without being adequately punished by reason of cognizance
thereof having been taken by an inferior authority, the accused should on the
other hand have in such cases the benefit of a trial by a superior court.