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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Trial of persons previously convicted of offences against coinage, stamp-law or property
 
 
348.(1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Penal Code, 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, shall if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for 1[sending] the accused be 2[sent] to the Court of Session or 3[***] 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:
 
 
Provided that, if any Magistrate in the district has been invested with powers under section 30, the case may be transferred to him instead of being 4[sent] to the Court of Session.
 
 
(2) When any person is 5[sent] to the Court of Session 6[***] under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly 7[sent] unless the Magistrate discharges such other person under 8[section 241A].

  • 1
    The word "sending" was substituted, for the word "committing" by section 2 and Schedule of the Law Reform Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 2
    The word "sent" was substituted, for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 3
    The words and comma "or High Court Division, as the case may be" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 4
    The word "sent" was substituted, for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 5
    The word "sent" was substituted, for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 6
    The words "or High Court Division" were omitted, by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 7
    The word "sent" was substituted, for the word "committed" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)
  • 8
    The word, figure and letter "section 241A" were substituted, for the words, figures, letters and comma "section 250B or section 250H, as the case may be" by section 13 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)
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