CrPC § 349 — Procedure when Magistrate cannot pass sentence sufficiently severe

Statutory text (English)

(1) Whenever a
Magistrate of the second or third class, having jurisdiction, 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 that he ought to be
required to execute a bond under section 106, he may record the opinion and submit his proceedings, and
forward the accused, 1[to a Magistrate of the first class specially empowered in this behalf by the Provincial
Government] to whom he is subordinate.
2[(1A) 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 1[Magistrate empowered under sub-section

(1).]

(2) The 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 as is
according to law:

Provided that he shall not inflict a punishment more severe than he is empowered to inflict under
sections 32 and 33.

Source and verification

Source citation: CrPC (Act V of 1898) s.349: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 134, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 134) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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