CrPC 346 — Procedure where Court considers that case should not be dealt with under section 345

Code of Criminal Procedure, 1973

Statutory text

(1) If  the
Court in any case considers that a person accused of any of the offences  referred to in section 345 and committed in its
view  or presence  should  be  imprisoned  otherwise  than  in  default  of  payment  of  fine,  or  that  a  fine  exceeding  two
hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not
be disposed of under section 345, such Court, after recording  the facts constituting the offence and the statement of the
accused as hereinbefore provided,  may  forward  the case to a  Magistrate   having  jurisdiction   to try   the same, and
may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.

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