| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Criminal Laws | Code of Criminal Procedure | 1973 |
| Act Number | Enactment Date | Chapter Number |
| 02 | 01-04-1974 | 24 |
| Chapter Title | Ministry | Department |
| General Provisions As To Inquiries And Trials | Ministry of Home Affairs | Department of Internal Security |
(1) Where a person, having been convicted of an offence punishable under, Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless, the Magistrate is competent to try the case and is of opinion that he can himself pass and adequate sentence if the accused is convicted.
(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to file Court of Session under sub-section (I) any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharge such other person under section 239 or section 245, as the case may be.