Section 325 CrPC: Procedure when Magistrate cannot pass sentence sufficiently severe

Code of Criminal Procedure, 1973

Section 325 CrPC at a Glance

Section 325 CrPC deals with procedure when Magistrate cannot pass sentence sufficiently severe. From 1 July 2024 it is replaced by Section 364 BNSS.

Now BNSS

Section 364 →

What Section 325 CrPC Says

325. Procedure when Magistrate cannot pass sentence sufficiently severe
(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.
(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.

Source: Section 325, Code of Criminal Procedure, 1973

Section 325 CrPC in Simple Words

Section 325 of the Code of Criminal Procedure, 1973 deals with the procedure when a Magistrate cannot pass a sentence sufficiently severe. Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that the accused ought to receive a punishment different in kind from, or more severe than, that which the Magistrate is empowered to inflict, the Magistrate may record the opinion and submit the proceedings, and forward the accused, to the Chief Judicial Magistrate to whom the Magistrate is subordinate.

The same applies to a Magistrate of the second class who is of opinion that the accused ought to be required to execute a bond under Section 106 CrPC. The Chief Judicial Magistrate shall pass such judgment, sentence or order in the case as the Chief Judicial Magistrate thinks fit, and is according to law.

When Section 325 CrPC Applies

Section 325(1) CrPC applies when a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty and ought to receive a punishment different in kind from, or more severe than, that which the Magistrate is empowered to inflict.
Section 325(1) CrPC also applies to a Magistrate of the second class who is of opinion that the accused ought to be required to execute a bond under Section 106 CrPC.
In either case the Magistrate may record the opinion and submit the proceedings, and forward the accused, to the Chief Judicial Magistrate to whom the Magistrate is subordinate.
Under Section 325(2) CrPC, when more accused than one are being tried together and the Magistrate considers it necessary to proceed under Section 325(1) CrPC in regard to any of them, the Magistrate shall forward all the accused who are in the opinion of the Magistrate guilty to the Chief Judicial Magistrate.
Under Section 325(3) CrPC, the Chief Judicial Magistrate may, if thought fit, examine the parties, recall and examine any witness who has already given evidence in the case, and call for and take any further evidence, and shall pass such judgment, sentence or order in the case as the Chief Judicial Magistrate thinks fit, and is according to law.

Example of Section 325 CrPC

Ramesh and Suresh are tried together before a Magistrate. After hearing the evidence for the prosecution and the accused, the Magistrate is of opinion that Ramesh and Suresh are guilty, and that Ramesh ought to receive a punishment more severe than that which the Magistrate is empowered to inflict. Under Section 325(1) CrPC, the Magistrate records the opinion, submits the proceedings, and forwards the accused to the Chief Judicial Magistrate to whom the Magistrate is subordinate. Under Section 325(2) CrPC, Suresh is forwarded as well, being an accused who is in the opinion of the Magistrate guilty. Under Section 325(3) CrPC, the Chief Judicial Magistrate passes such judgment, sentence or order in the case as the Chief Judicial Magistrate thinks fit, and is according to law.

When Section 325 CrPC Does Not Apply

Section 325(1) CrPC speaks of a Magistrate who has heard the evidence for the prosecution and the accused. It does not deal with a Magistrate who has not yet done so.
Section 325(1) CrPC speaks of a Magistrate who is of opinion that the accused is guilty. It does not deal with a case where the Magistrate is not of that opinion.
Section 325(2) CrPC speaks of the accused who are in the opinion of the Magistrate guilty. It does not deal with an accused who is not in the opinion of the Magistrate guilty.

Section 325 CrPC Under BNSS 364: What Changed

Section 325 CrPC is now covered under Section 364 BNSS.

From 1 July 2024, Section 364 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 325 of the Code of Criminal Procedure, 1973. The heading is the same. Section 364(1) BNSS reads a bond or bail bond under Section 125 BNSS where Section 325(1) CrPC read a bond under Section 106 CrPC. Section 364(2) BNSS reads more accused persons than one where Section 325(2) CrPC read more accused than one. Section 364(3) BNSS has the same text as Section 325(3) CrPC.

View detailed comparison (CrPC 325 vs BNSS 364) →

FAQs on Section 325 CrPC

When may a Magistrate forward the accused to the Chief Judicial Magistrate under Section 325 CrPC?▼

Under Section 325(1) of the Code of Criminal Procedure, 1973, a Magistrate may do so when, after hearing the evidence for the prosecution and the accused, the Magistrate is of opinion that the accused is guilty and ought to receive a punishment different in kind from, or more severe than, that which the Magistrate is empowered to inflict. A Magistrate of the second class may also do so when of opinion that the accused ought to be required to execute a bond under Section 106 CrPC.

What does Section 325(2) CrPC say when more accused than one are being tried together?▼

Section 325(2) CrPC says that when more accused than one are being tried together, and the Magistrate considers it necessary to proceed under Section 325(1) CrPC in regard to any of such accused, the Magistrate shall forward all the accused who are in the opinion of the Magistrate guilty to the Chief Judicial Magistrate.

What can the Chief Judicial Magistrate do under Section 325(3) CrPC?▼

Section 325(3) CrPC says the Chief Judicial Magistrate to whom the proceedings are submitted may, if thought fit, examine the parties, recall and examine any witness who has already given evidence in the case, and call for and take any further evidence. The Chief Judicial Magistrate shall pass such judgment, sentence or order in the case as the Chief Judicial Magistrate thinks fit, and is according to law.

Where is Section 325 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 325(1) CrPC, Section 325(2) CrPC and Section 325(3) CrPC map to Section 364(1) BNSS, Section 364(2) BNSS and Section 364(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·