(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.